Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent. (b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following: (A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or (B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal. (c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent. (d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 3 contracts
Samples: Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Isolagen Inc)
Tenant’s Alterations. (a) Except as hereafter providedTenant will not cut or drill into or secure any fixture, Tenant shall apparatus or equipment or make no alterations, improvements or physical additions or improvements (collectively, “Tenant Alterations”) of any kind to any part of the Leased Space Premises without first obtaining the written consent of Landlord, which such consent shall not to be unreasonably withheld. Alterations shall, delayed or conditionedat Xxxxxxxx’s option, be done by Landlord at Tenant’s sole cost and expense. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) the installation of any office equipment including internal partitions which do not adversely impact the require disturbance of any structural integrity of elements or systems within the Building or the systems serving the Building or their operation, (ii) are minor work, including decorations, which does not visible from require disturbance of any structural elements or systems within the Building exterior and which costs in the aggregate less than $5,000. If no approval is required or if Landlord approves Tenant’s Alterations and agrees to permit Xxxxxx’s contractors to do the work, Tenant, prior to the commencement of labor or supply of any materials, must furnish to Landlord (i) a duplicate or original policy or certificates of insurance evidencing (a) general public liability insurance for personal injury and property damage in the minimum amount of $3,000,000.00 combined single limit, (b) statutory xxxxxxx’x compensation insurance, and (c) employer’s liability insurance from each contractor to be employed (all such policies shall be non-cancelable without thirty (30) days prior written notice to Landlord and shall be in amounts and with companies satisfactory to Landlord); (ii) construction documents prepared and sealed by a registered Pennsylvania architect if such alteration causes the aggregate of all Alterations to be in excess of $10,000; (iii) qualify under all applicable building permits required by law; and (iv) an executed, effective Waiver of Mechanics Liens from such contractors and all sub-contractors in states allowing for such waivers or the following:
(A) The cost of such alteration must be bonded by Xxxxxx. Any approval by Landlord permitting Tenant Alteration is to do any or cause any work to be made to portions of done in or about the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenantand hereby is conditioned upon Xxxxxx’s expense work being performed by contractors approved workmen and mechanics working in harmony and not interfering with labor employed by Landlord, Xxxxxxxx’s mechanics or their contractors or by any other tenant or their contractors. If at any time any of the workmen or mechanics performing any of Tenant’s work shall be unable to work in harmony or shall interfere with any labor employed by Landlord, other tenants or their respective mechanics and contractors, then the permission granted by Landlord to Tenant permitting Tenant to do or cause any work to be done in or about the Premises, may be withdrawn by Landlord upon forty-eight (48) hours written notice to Tenant. All Alterations (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property upon installation and shall remain on the Premises without compensation to Tenant unless Landlord provides written notice to Tenant to remove same at the expiration of the Lease, in which approval event Tenant shall not promptly remove such Alterations and restore the Premises to good order and condition. At Lease termination, all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) shall, at Landlord’s option, be unreasonably withheld, delayed or conditioned removed by Tenant and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approvalaccomplished in a good and workmanlike manner so as not to damage the Premises or Building and in such manner so as not to disturb other tenants in the Building. With respect to Tenant Alterations other than the Permitted Tenant AlterationsAll such installations, no work removals and restoration shall be performed until accomplished in a good and workmanlike manner so as not to damage the plans therefore have been approved by LandlordPremises or Building and in such manner so as not to disturb other tenants in the Building. If Tenant fails to remove any items required to be removed pursuant to this Article, which approval shall not be unreasonably withheld, delayed or conditioned Landlord may do so and the reasonable costs and expenses thereof shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord Additional Rent hereunder and shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy within fifteen (15) business days of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall receipt of an invoice therefor from Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 3 contracts
Samples: Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust)
Tenant’s Alterations. (a) Except as hereafter providedTenant may, Tenant shall at its own cost and expense and only with the prior written approval of Landlord which may be given or withheld by Landlord, in its sole discretion, make no alterationsstructural, additions mechanical and electrical changes or improvements (“Tenant Alterations”) alterations to the Leased Space without Premises subject, however, to Section 4.10(d) hereof. All work done in connection with such changes or alterations shall be performed in a good and workmanlike manner in compliance with applicable building codes and zoning requirements and all other laws, ordinances, rules and regulations. Landlord agrees to execute all instruments necessary to obtain licenses and permits from applicable governmental authorities to make such changes or alterations provided that Landlord incurs no obligation, liability or out-of-pocket expense in connection therewith.
(b) Together with each request for the consent of Landlord, which consent Tenant shall present to Landlord reasonably detailed plans and specifications for such proposed structural alterations, improvements, additions or changes; provided, however, that approval of such plans and specifications by Landlord shall not be unreasonably withheldconstitute any assumption of any responsibility by Landlord for their accuracy or sufficiency, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether and Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Leasesolely responsible for such items. All structural alterations, and the absence of such designation in Landlord’s written consent improvements, additions or changes shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon done at the termination expense of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removalTenant.
(c) All alterations, improvements, additions, repairs or changes made by Tenant Alterations shall be done remain upon the Property at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed the expiration or conditioned earlier termination of the Lease Term and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than become the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements property of Landlord imposed as a condition of such consentimmediately upon installation thereof.
(d) IfTenant may, as a condition at its own cost and expense, but with the prior approval of Landlord’s consent, removal which approval will not be unreasonably withheld so long as the requested changes and alterations do not adversely affect the leasability or marketability of the Premises or any part thereof as determined by Landlord, (i) make non-structural, non-mechanical and non-electrical changes and alterations in and to the interior of the Leased Premises, including but not limited to installation of fixtures, equipment and floor coverings, painting and papering and (ii) may reconfigure non load bearing interior walls and make related changes in the location of electrical outlets and related changes to the heating and air conditioning system serving the Leased Premises in connection with a reconfiguration of the Premises and provided, further, that no such reconfiguration, relocation or change shall adversely affect the Building, the Premises, Landlord's Recapture Right or any electric, HVAC or other system serving the Leased Premises or other parts of the Buildings. Landlord shall have the right to require Tenant Alteration is required to remove any non-structural changes and alterations made by Tenant to walls, floors, partitions, ceilings and fixtures at termination the conclusion of this Lease, Tenant shall promptly remove such Tenant Alterations and repair Lease to the extent that the value or marketability of all or any damage occasioned part of the Premises which is or may be recaptured by Landlord under Article 7 is adversely affected or the value of the Premises (or any part thereof) is diminished by such removal. In default thereofchanges and alterations, Landlord may effect said removal and repairs at Tenants expense. With respect to any but in no event shall Tenant Alterations which Tenant is not obligated be required to remove hereunder any change or alteration approved in writing by Landlord at the time of alteration or installation unless such approval states otherwise.
(including e) Tenant may not make structural or non-structural changes to the exterior of the Buildings without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part prior written consent of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Lease Agreement (Action Industries Inc), Lease Agreement (Action Industries Inc)
Tenant’s Alterations. (a) 9.1. Except as hereafter providedfor strictly cosmetic changes to the office area of the Demised Premises that do not impact the exterior, Building systems and structure of the Demised Premises, Tenant shall make no alterations, additions alterations or improvements (“Tenant Alterations”) to the Leased Space Demised Premises without the consent of Landlord. Landlord shall respond to Tenant’s written request to do Alterations within ten (10) business days. “Alterations” shall not include the Tenant Improvements defined in the Work Letter attached hereto as Exhibit “B”. Landlord acknowledges that Tenant may prepare one (1) of its three (3) planned chemistry lab spaces as a shell space prior to the Commencement Date and that, which consent during the Lease Term, Tenant may complete the Tenant Improvements thereto, including the installation of case work, benches and an air handling unit, and that such improvement of the remaining lab space shall not be unreasonably withheldconsidered Alterations for the purposes hereof, delayed or conditioned. At the time of Landlord’s consentprovided, Landlord shall designate whether Tenant however, that both parties shall be required subject to remove the proposed provisions of the Work Letter attached hereto as Exhibit “B” with respect to the Tenant Alteration upon termination Improvements to be completed to such shell space, regardless of this Leasewhen such Tenant Improvements are completed. If Landlord consents to such Alterations, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also it may impose such reasonable conditions as part of its consent with respect thereto as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with reasonable security for the payment of all costs to be incurred in connection with such workwork if the total cost of such work is estimated to exceed $60,000, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors hired by Tenant and reasonably approved by Landlord, which approval . Tenant shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of promptly pay to Tenant’s request for approval. With respect to Tenant Alterations other than contractors the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant cost of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing all such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generallywork, and prior to undertaking any such review, (i) if Landlord shall provide a statement of is managing the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterationscontractors, Tenant shall provide pay to Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall or Landlord’s approval affiliate or designee seven percent (7%) of the cost of such application be required. work as a construction supervision fee, or (ii) if Tenant is managing the contractors, Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations pay to Landlord within a reasonable time of completion or Landlord’s affiliate or designee one percent (1%) of the Tenant Alterationcost of such work as a construction supervision fee. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable lawsGovernmental Requirements, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentits consent to Tenant’s particular contractor. Landlord agrees that its consent to proposed alterations, improvements and contractors shall not be unreasonably withheld, conditioned or delayed provided the proposed alterations or improvements do not affect the exterior of the Building or materially adversely affect the base building systems of the Building.
(d) If, 9.2. All Alterations shall become a part of the Demised Premises when made and shall remain upon and be surrendered with the Demised Premises at the end of the Lease Term except for improvements which Landlord identifies when it initially approves Tenant’s plans for the Alterations as a condition of Landlord’s consent, removal of a removable by Tenant Alteration is required at its expense at the termination of this Lease (the “Removable Tenant Improvements”), including those items set forth on the list attached hereto as Exhibit “F”. Tenant shall have the right to remove any or all of the Removable Tenant Improvements upon the termination of the Lease. If, at least nine (9) months prior to the termination of the Lease by lapse of time or otherwise, Landlord so directs by written notice to Tenant (“Landlord’s Removal Notice”), Tenant shall have the obligation to promptly remove such the Removable Tenant Alterations and Improvements designated in said notice upon the termination of the Lease. Tenant shall repair any damage occasioned by such removal to the base building or to the office portion of the Demised Premises such that the office portion is in substantially the same condition as on the Commencement Date, ordinary wear and tear excepted. With regard to anticipated damage to the laboratory space occasioned by such removal, Landlord shall describe in reasonable detail the Tenant’s repair obligations in Landlord’s Removal Notice; provided however, that Tenant shall not be required to repair beyond a standard that is cosmetically reasonable for marketing purposes (e.g., patching of walls and floors, no exposed ceiling beams), which may include, without limitation, the removal of exposed wiring and cabling, exposed structural supports in the Demised Premises and/or on the Building and/or on the roof of the Building, the Sampling Pit and the reconnection of all necessary plumbing to the main drainage and/or sewer line serving the Building. In default thereofthe event that Tenant fails to complete any of its removal and repair obligations set forth herein, Landlord may effect said removal and repairs at Tenants Tenant’s expense. With respect Following five (5) business days’ written notice to Tenant, any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed property left in the Demised Premises by Tenant upon the termination of this Lease, shall be deemed to have been abandoned by and Landlord may dispose of such property at Tenant’s expense. In the event that Landlord and Tenant agree the Tenant shall not remove any or all Removable Tenant Improvements, and deemed a part of Landlord’s propertyTenant shall have no repair obligations associated with the Removable Tenant Improvements which remain in the Demised Premises, notwithstanding any provision of Section 16 to the contraryexcept as otherwise set forth in this Lease.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Trevena Inc), Commercial Lease Agreement (Trevena Inc)
Tenant’s Alterations. (a) Except as hereafter provided, No Alterations shall be made to the Premises without the Landlord's written approval. The Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) submit to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature details of the proposed Tenant Alteration, including, without limitation, requiring Tenant work including drawings and specifications prepared by qualified architects or engineers conforming to furnish Landlord with security for good engineering practice. All such Alterations shall be performed: (i) at the payment of all costs to be incurred in connection with such work, insurance, and copies sole cost of the plansTenant; (ii) by contractors and workmen approved by the Landlord; (iii) in a good and workmanlike manner; (iv) in accordance with drawings and specifications approved by the Landlord; (v) in accordance with all applicable legal and insurance requirements; (vi) subject to the reasonable regulations, specifications supervision, control and permits necessary for inspection of the Landlord; (vii) subject to such workindemnification against liens and expenses as the Landlord reasonably requires; and (viii) in accordance with all applicable laws, by-laws and government orders. Nothing hereinThe Landlord's reasonable cost incurred with respect to the Tenant's Alterations including without limitation the cost of approving, however, supervising and inspecting all such work shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentpaid by the Tenant.
(b) Landlord’s consent shall not be required for Tenant If the Alterations which (i) do not adversely impact would affect the structural integrity structure of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions any of the Leased Premises electrical, plumbing, mechanical, heating, ventilating or air conditioning systems or other than base building systems, such work shall at the laboratory areas and option of the Landlord be performed by the Landlord at the Tenant's cost. If the Landlord performs such work, then on completion of such work, the cost thereof is $10,000 or less with respect of the work plus a sum equal to any 15% of said cost representing the Landlord's overhead shall be paid by the Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All If the Tenant installs Leasehold Improvements, or makes Alterations shall be done at Tenant’s expense which depart from the Building standard and which restrict access by contractors approved the Landlord to any Building system or to any structural element of the Building by the Landlord or by any person or corporation authorized by the Landlord, or which approval restrict the installation of the leasehold improvements of any other tenant in the Building, then the Tenant shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless at the request of the Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect remove any obstruction in a manner acceptable to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, failing which approval shall not be unreasonably withheldthe Landlord may remove the same; and the Tenant will pay, delayed or conditioned and shall be deemed approved unless reimburse the Landlord notifies Tenant of objections to for, the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans removal and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition any replacement or restoration of such consentLeasehold Improvements or Alterations.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Lease Agreement (Braintech Inc/Bc), Lease Agreement (Sideware Systems Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no any alterations, additions installations or improvements (collectively, “Tenant AlterationsChanges”) to in, to, or about the Leased Space interior or exterior of the Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed. Tenant’s request for Landlord’s consent to perform any Tenant Changes which affect structural components, delayed the electrical or conditioned. At HVAC system or cause penetration through the time roof or walls of the building, must be accompanied by plans and specifications (to be prepared by Tenant at Tenant’s sole cost) for the proposed Tenant Change in detail reasonably satisfactory to Landlord, together with notice of the identity of the licensed contractor which Tenant has or will engage to perform such work, plus reimbursement of Landlord’s consent, third party costs associated with reviewing such plans and specifications. Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence grant or withhold its approval of such designation plans and specifications within fifteen (15) business days after Tenant makes request therefor in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing manner provided herein; provided, however, shall be construed if Landlord needs to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) consult with an outside consultant or expert with respect thereto, Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building granted or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord denied within a reasonable time after the expiration of completion of such 15-day period. All such work shall be accomplished at Tenant’s sole risk, and Tenant shall indemnify, defend and hold harmless Landlord from and against any and all loss, cost, liability and expense (including consequential damages) relating to or arising from the Tenant AlterationChanges. All permanent, nonmovable Tenant Alterations Changes shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed become a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryrealty upon installation thereof.
Appears in 2 contracts
Samples: Lease Agreement (Zumiez Inc), Lease Agreement (Zumiez Inc)
Tenant’s Alterations. Tenant shall not make, or suffer to be made, any alteration or addition to the Premises (a"Alterations"), or any part thereof, without obtaining Landlord's prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least ten (10) Except as hereafter provideddays prior to the start of construction. If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consent, Tenant shall not proceed to make no alterationssuch Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, additions or improvements (“Tenant ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations”) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant All Alterations shall be required to remove the proposed Tenant Alteration upon termination of this Lease, constructed in compliance with all applicable building codes and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, laws including, without limitation, requiring the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Premises. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Landlord hereby acknowledges and agrees that during the Early Occupancy Period, Tenant intends to furnish Landlord with security for make the payment of all costs to be incurred in connection with such work, insuranceAlterations described on Exhibit "D" ("Initial Alterations") attached hereto, and copies Landlord hereby approves such Alterations in satisfaction of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described approval right set forth in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Section 7.A. Notwithstanding the foregoing, painting or carpeting Tenant shall be entitled, without obtaining Landlord's consent, to make Alterations which do not affect the structure of the interior Buildings and which do not cost more than Fifty Thousand Dollars ($50,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) Landlord may elect to have Tenant remove such Permitted Alterations at the expiration or earlier termination of the Leased Space and like cosmetic improvements shall not be deemed Lease, unless Tenant has notified Landlord of such Permitted Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within least ten (10) business days after delivery of Tenant’s request for approval. With respect prior to Tenant commencing construction and received approval from Landlord that such Permitted Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall will not be unreasonably withheld, delayed or conditioned and shall required to be deemed approved unless Landlord notifies Tenant of objections to removed at the proposed plans within ten (10) business days after delivery to Landlord of a complete set expiration of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentLease.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Lease Agreement (Zilog Inc), Lease Agreement (Zilog Inc)
Tenant’s Alterations. Construction by Tenant of Tenant’s Alterations shall be governed by the following:
A. Tenant shall not construct any Tenant’s Alterations or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitled, without Landlord’s prior approval, to make Tenant’s Alterations (ai) Except as hereafter providedwhich do not affect the structural or exterior parts or water tight character of the Building, and (ii) the reasonably estimated cost of which, including the cost of demolition of any part of the Premises removed or materially altered in connection with such Tenant’s Alterations, together do not exceed the Permitted Tenant Alterations Limit specified in Section O of the Summary per work of improvement. In the event Landlord’s approval for any Tenant’s Alterations is required, Tenant shall make no alterationsnot construct the alteration until Landlord has approved in writing the plans and specifications therefor, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of LandlordAll Tenant’s consent, Landlord shall designate whether Alterations constructed by Tenant shall be constructed by a licensed contractor in accordance with all Laws using new materials of good quality.
B. Tenant shall not commence construction of any Tenant’s Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five days’ prior written notice of its intention to commence such construction, and (iv) if reasonably requested by Landlord, Tenant has obtained contingent liability and broad form builders’ risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9.
C. All Tenant’s Alterations shall remain the property of Tenant during the Lease Term; provided, however, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the proposed Tenant Alteration upon expiration or sooner termination of this Leasethe Lease Term. Notwithstanding the foregoing, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant any Tenant’s Alterations upon with respect to which the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which following is true: (i) do not adversely impact Tenant was required, or elected, to obtain the structural integrity approval of Landlord to the Building or the systems serving the Building or their operation, installation of Tenant’s Alteration in question; (ii) are at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not visible from Landlord would require Tenant to remove such Tenant’s Alteration at the Building exterior expiration of the Lease Term; and (iii) qualify under at the following:
(A) The time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove Tenant’s Alteration is to be made to portions at the expiration of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant AlterationsLease Term.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Lease (Neophotonics Corp), Lease (Neophotonics Corp)
Tenant’s Alterations. Except as provided in this Section 3.1, Tenant shall not make alterations and additions to the Premises, whether before (including the Landlord’s Work, if any, described in Exhibit D) or during the Lease Term (and any Extension Period) unless specifically stated in Exhibit D, except in accordance with plans and specifications therefor first approved in writing by Landlord. Landlord will not approve of any alterations or additions which (a) Except as hereafter providedinvolve or adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility serving any area of the Building outside of the Premises, or (b) will require unusual expense to readapt the Premises to normal office use on Lease termination or increase the cost of construction or the cost of insurance or taxes on the Building or the cost of the services called for by Section 5.3 unless Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) first gives assurance reasonably acceptable to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence for payment of such designation in increased cost and that such re-adaptation will be made prior to such termination without expense to Landlord’s written consent . All alterations and additions shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations become part of the Building upon the expiration or earlier termination of this Lease. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with Landlord also may impose and in such reasonable conditions manner as part of its consent as Landlord deems appropriate, taking into consideration to maintain harmonious labor relations and not damage the nature Property or interfere with construction or operation of the proposed Tenant AlterationBuilding, includingand except for installation of furnishings, without limitation, requiring shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. If Landlord agrees to permit Tenant to furnish Landlord with security for make any alterations or improvements to the payment of Premises, before its work is started, Tenant shall secure all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications licenses and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)therefore; or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery deliver to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours names of all its contractors and subcontractors and the estimated cost of all labor and material to be dedicated furnished by them; and cause each contractor to carry worker’s compensation insurance in statutory amounts covering all the contractors’ and subcontractors’ employees and commercial general liability insurance in such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy limits of Tenant’s application at least $1,000,000.00 for a building permit therefor, if applicable (together with all attachments thereto)each occurrence, and no review fee general aggregate- each location / each project single limit personal and bodily injury/property damage combined. All such insurance shall be charged to Tenant written and issued by companies reasonably approved by Landlord and licensed to do business in connection therewith nor Florida and shall Landlord’s approval name Landlord as an additional insured, and Tenant will deliver to Landlord certificates of all such application be requiredinsurance. Tenant shall provide copies agrees to pay promptly when due the entire cost of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of any such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned work performed by Tenant, and deemed a part of Landlord’s propertyits agents, notwithstanding any provision of Section 16 employees or contractors, with respect to the contrary.Premises. Initials: Landlord ; Initials Tenant:
Appears in 2 contracts
Samples: Lease Agreement (La Rosa Holdings Corp.), Lease Agreement (La Rosa Holdings Corp.)
Tenant’s Alterations. (a) Except as hereafter Tenant shall not make or permit any improvements, installations, alterations or additions ("ALTERATIONS") in or to the Premises, the Building or the Project; provided, however, Tenant shall make no alterationsmay, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of with Landlord's advance written consent, which consent shall not be unreasonably withheld, delayed make Alterations to the Premises that do not involve or conditionedaffect either structural portions of the Premises or the Building or any of the Building's HVAC, mechanical, electrical, plumbing or other systems or equipment (the "BUILDING SYSTEMS"). At the time expiration of Landlord’s consentthe Term, Landlord shall designate whether Tenant shall be required to remove may require the proposed Tenant Alteration upon termination removal of this Lease, any or all of said Alterations and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature restoration of the proposed Tenant AlterationPremises and the Project to their prior condition, including, without limitation, requiring Tenant to furnish Landlord at Tenant's expense in accordance with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentSection 8.05.
(b) Landlord’s consent All Alterations permitted by Landlord and made by or on behalf of Tenant shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the performed: (a) at Tenant's cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less and expense and at such time and in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection such manner as Landlord may reasonably designate, (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors or mechanics approved by Landlord, which approval who shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord carry liability insurance of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, type and in such amounts as Landlord shall be reimbursed by reasonably require, naming Landlord and Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generallyas additional insureds, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done c) in a first classgood and workmanlike manner, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) Ifso that same shall be at least equal in quality, as a condition value, and utility to the original work or installation, (e) in accordance with the Rules and Regulations for the Building adopted by Landlord from time to time and in accordance with all applicable Laws, and (f) pursuant to plans, drawings and specifications ("TENANT'S PLANS") which have been reviewed and approved by Landlord prior to the commencement of Landlord’s consentthe repairs or replacements and approved by, removal of a Tenant Alteration is required at termination and filed with, all applicable governmental authorities, and subject to all other terms and conditions of this Lease, including, but not limited to, Section 7.05 (collectively the "CONSTRUCTION STANDARDS"). All Alterations made by Tenant shall promptly remove become, upon installation, the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Lease term, unless Landlord requires their removal pursuant to Section 8.03(a). Landlord agrees not to unreasonably withhold any approvals requested under this Section 8.03(b). Landlord agrees to review all Tenant's Plans and provide written notice of its approval within 10 business days of receipt, or such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall Plans will be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryapproved.
Appears in 2 contracts
Samples: Lease (Greenfield Online Inc), Lease (Greenfield Online Inc)
Tenant’s Alterations. (a) Except as hereafter providedLandlord and Tenant agree that this Section 9.4 shall apply to any future installations, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) in or to the Leased Space Premises occurring after the construction of Tenant's Work in accordance with Section 3.4 hereof. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed. At the time of Landlord’s consent, Any such work so consented to by Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, performed only in accordance with plans and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant specifications therefor approved by Landlord which approval shall not be obligated unreasonably withheld or delayed. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to remove conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. Tenant Alterations upon agrees to pay promptly when due the termination entire cost of this Lease. any work done on the Premises by Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Property and to discharge any such liens which may so attach within five (5) calendar days and, at the request of Landlord, to deliver to Landlord also may impose such reasonable conditions as part of its consent as security satisfactory to Landlord deems appropriate, taking into consideration the nature against liens arising out of the proposed Tenant Alterationfurnishing of such labor and material, including, without limitation, requiring evidence of bonding over said liens with performance, payment and xxxx xxxxx in favor of Landlord and Tenant; Landlord and Tenant to furnish Landlord with security for the agree that payment of all costs to and performance bonds shall only be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration work for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is total contract sum exceeds $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof100,000.00. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires employ for such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by work only contractors approved by Landlord, which approval shall not be unreasonably withheldwithheld or delayed, delayed or conditioned and shall be deemed given unless require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive general liability insurance covering such contractors, and naming Landlord notifies and Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than as additional insureds, on or about the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections Premises in amounts at least equal to the proposed plans within ten (10) business days after delivery limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval commencement of such application be requiredwork. Tenant shall provide copies of as-built plans save Landlord harmless and specifications for indemnified from all Tenant Alterations injury, loss, claims or damage to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition any person or property occasioned by or growing out of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removalwork. In default thereof, Landlord may effect said removal inspect the work of Tenant at reasonable times and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination give notice of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryobserved defects.
Appears in 2 contracts
Samples: Lease (Aquila Biopharmaceuticals Inc), Lease (Aquila Biopharmaceuticals Inc)
Tenant’s Alterations. Construction by Tenant of Tenant’s Alterations shall be governed by the following:
A. Tenant shall not construct any Tenant’s Alterations or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitled, without Landlord’s prior approval, to make Tenant’s Alterations (ai) Except as hereafter providedwhich do not affect the structural or exterior parts or water tight character of the Building, and (ii) the reasonably estimated cost of which, plus the original cost of any part of the Premises removed or materially altered in connection with such Tenant’s Alterations, together do not exceed the Permitted Tenant Alterations Limit specified in Section O of the Summary per work of improvement. In the event Landlord’s approval for any Tenant’s Alterations is required, Tenant shall make no alterationsnot construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications therefore, additions or improvements and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant’s Alterations constructed by Tenant shall be constructed by a licensed contractor in accordance with all Laws using new materials of good quality.
B. Tenant shall not commence construction of any Tenant’s Alterations until (“i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant Alterations”has given Landlord at least five days’ prior written notice of its intention to commence such construction, and (iv) if reasonably requested by Landlord, Tenant has obtained contingent liability and broad form builders’ risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the Leased Space without proposed construction not covered by insurance carried pursuant to Article 9.
C. All Tenant’s Alterations shall remain the consent property of Landlord, which consent Tenant during the Lease Term but shall not be unreasonably withheld, delayed altered or conditionedremoved from the Premises. At the time expiration or sooner termination of the Lease Term, all Tenant’s Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord’s consentproperty, and Landlord shall designate whether have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall be required so remove such Tenant’s Alterations prior to remove the proposed Tenant Alteration upon expiration or sooner termination of this Leasethe Lease Term. Notwithstanding the foregoing, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant any Tenant’s Alterations upon with respect to which the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which following is true: (i) do not adversely impact Tenant was required, or elected, to obtain the structural integrity approval of Landlord to the installation of the Building or the systems serving the Building or their operation, Leasehold Improvement in question; (ii) are at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not visible from Landlord would require Tenant to remove such Leasehold Improvement at the Building exterior expiration of the Lease Term; and (iii) qualify under at the following:
(A) The time Landlord granted its approval, it did not inform Tenant Alteration is that it would require Tenant to be made to portions remove such Leasehold Improvement at the expiration of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant AlterationsLease Term.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Silicon Motion Technology CORP)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall agrees that it will not make no any material (in Landlord’s reasonable opinion) alterations, improvements, or additions in or improvements (“Tenant Alterations”) to about the Leased Space Demised Premises without first obtaining in each instance the written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written sole and absolute discretion. Any such work performed without the consent of Landlord shall be removed promptly by Tenant at Tenant’s sole cost and expense upon Landlord’s demand therefor. Any alterations, improvements, or additions to be performed by Tenant, when approved by Landlord in writing prior to the commencement of such work, shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent“Alterations.”
(b) Prior to the performance of any Alterations, Tenant shall prepare plans and specifications, at its sole cost and expense, in the same manner, and subject to the same limitations, as is required for the preparation of Tenant’s Plans, and shall hereinafter be referred to as “Alterations Plans.” Tenant shall submit its proposed plans to Landlord for Landlord’s consent approval, which approval shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is subject to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space sole and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removalabsolute discretion.
(c) All Tenant Alterations shall be done performed by Tenant at Tenant’s expense by contractors approved by sole cost and expense, without any contribution therefor from Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection in strict accordance with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentPlans.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this LeaseNotwithstanding anything contained herein to the contrary, Tenant shall promptly remove under no circumstances perform any alterations, improvements, decorations, or additions to the Demised Premises which in any manner affect (i) the exterior or the structural integrity of the building of which the Demised Premises forms a part (the “Building”); or (ii) the exterior appearance of the Building; or (iii) the strength of the Building.
(e) In the event that any Alterations involve modifications or changes in or to the mechanical, plumbing, electrical, sanitary, heating, ventilating, air conditioning, sprinkler, fire detection or other systems of the Building, then such modifications or changes shall be performed only by those contractor(s) designated by Landlord.
(f) All Alterations shall be performed in such manner as to not unreasonably interfere with, delay or impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Project; and if any such additional expense is incurred by Landlord, Tenant shall pay the same to Landlord as an Additional Charge upon demand therefor.
(g) Prior to the performance of any Alterations and repair by any damage occasioned by party or contractor, such removal. In default thereofparty or contractor shall provide to Landlord written evidence that such party or contractor meets all of the insurance requirements set forth in Exhibit “D” regarding Tenant’s Work.
(h) Notwithstanding anything to the contrary contained herein, Landlord shall permit Tenant to install a permanent power generator within the Building in which the Demised Premises are located in anticipation of an extended power outage from hurricanes or other predictable natural phenomenon. Prior to the placement of such generator, Tenant shall submit to Landlord, for Landlord’s prior written approval, the specifications of the generator and the proposed placement of same, which Landlord’s approval may effect said removal be withheld in its sole and repairs at Tenants expenseabsolute discretion. With respect to Tenant shall indemnify, protect, defend, and hold Landlord, Landlord’s, directors, officers and shareholders harmless from and against any Tenant Alterations which Tenant is not obligated to remove hereunder and all claims, demands, fines, judgments, damages, costs, losses, liabilities, and penalties (including sums paid in settlement of claims) and including, without limitation Permitted Tenant Alterations)limitation, such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenantreasonable attorneys’ fees at all trial and appellate levels and post judgment proceedings, and deemed a part reasonable consultant’s and reasonable expert fees arising from or out of Landlord’s propertythe use, notwithstanding placement and storage of any provision of Section 16 to the contraryemergency power generators.
Appears in 2 contracts
Samples: Lease Agreement (Bankrate, Inc.), Lease Agreement (Bankrate Inc)
Tenant’s Alterations. (a) Except as hereafter provided11.3.1 After completion of the Tenant’s Leasehold Improvements, the Tenant shall not without the prior written approval of the Landlord, make no any alterations, additions additions, improvements, repairs or improvements (“Tenant Alterations”) replacements to the Leased Space without Premises. However, the consent approval of Landlord, which consent the Landlord shall not be unreasonably withheld, delayed or conditionedrequired in connection with decorating and housekeeping in the Premises. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that The Tenant shall not be obligated required to remove pay any administration fees with respect to plans which are prepared by the Landlord’s engineers. The Tenant Alterations upon shall, at the termination of this Lease. Landlord also may impose such reasonable conditions as part time of its consent application for such consent, provide such plans, specifications and designs in such detail as the Landlord deems appropriatemay reasonably require. Subject to the foregoing, taking into consideration the nature of Tenant shall pay as Additional Rent, forthwith upon demand, direct costs incurred by the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with the examination by professionals of such workapplication, insuranceplans, specifications and copies designs. The Tenant shall incorporate the reasonable changes required by the Landlord into such plans, specifications and designs and resubmit them for approval. The Tenant shall not apply for a building permit prior to receiving the Landlord’s prior written approval of the plans, specifications and permits necessary designs. Management and supervision fees – If, under circumstances other than those contemplated under Section 10.4, the Tenant wishes to make alterations, additions, repairs, improvements or replacements to the Premises at any time after the completion of the initial Leasehold Improvements, the Tenant may, at its discretion, either request the Landlord to act as project manager to coordinate and supervise all work performed, or the Tenant may itself carry out, or mandate a third party to carry out, said work in accordance with the provisions of this Section 11.3, Should the Landlord be requested to act as project manager, the Tenant shall pay the Landlord a fee for performing such duties in accordance with the following:
11.3.1.1 where the total cost of the work is ONE HUNDRED THOUSAND DOLLARS ($100,000.00) or less, fifteen percent (15%) of the cost;
11.3.1.2 where the total cost of the work is more than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) and less than TWO HUNDRED THOUSAND DOLLARS ($200,000.00), ten percent (10%) of said cost; and
11.3.1.3 where the total cost of the work is TWO HUNDRED THOUSAND DOLLARS ($200,000.00) or more, seven and one half percent (7 1/2%) of said cost. Should the Tenant elect to carry out its own alterations and/or improvements, the Tenant shall pay the Landlord a fee equal to seven and one half percent (7 1/2%) of the cost of said work. Nothing herein.
11.3.2 All the Tenant’s alterations, howeveradditions, improvements, repairs and replacements after the completion of the Tenant’s Leasehold Improvements shall be construed to obligate Tenant to construct performed;
11.3.2.1 at the sole cost of the Tenant;
11.3.2.2 by contractors and workmen approved by the Landlord, provided that if the alterations, improvements, repairs or replacements would affect any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact of the structural integrity components of the Building or of the systems serving Development, exterior walls or roofs of the Building or their operation, (ii) are not visible from any of the Building exterior and (iii) qualify under Systems or the following:
(A) The Tenant Alteration is to be made to portions status of any warranties on such systems or the aesthetics of the Leased Building or are installed outside of the Premises other than or are within the laboratory areas Premises but are part of the Common Areas and Facilities, such work shall, at the option of the Landlord, be performed at the Tenant’s cost by the Landlord or by contractors and workmen designated by the Landlord in its sole discretion provided the cost thereof quoted by such contractors is $10,000 or less competitive;
11.3.2.3 in a good and workmanlike manner;
11.3.2.4 in accordance with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to plans, specifications and designs approved by the laboratory areas Landlord at the cost of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less Tenant;
11.3.2.5 in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together accordance with all attachments thereto), Applicable Laws and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of the Landlord’s insurers;
11.3.2.6 subject to the regulation, supervision, control and inspection of the Landlord; and
11.3.2.7 subject to such indemnification against legal hypothecs and expenses as the Landlord imposed as a condition of such consentmay require.
(d) If11.3.3 If the Tenant contravenes the provisions of Article 11 hereof, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, the Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 liable to the contraryLandlord for any damages or injury caused to the Development or any part thereof or for the voiding of any warranties affecting systems or components of the Development or any work required to remedy such act.
Appears in 2 contracts
Samples: Sub Sublease Agreement, Sub Sublease Agreement (Clementia Pharmaceuticals Inc.)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall covenants and agrees not to make no alterations, any alterations in or additions or improvements (“Tenant Alterations”) to the Leased Space Premises (all such alterations are referred to herein collectively as "Alterations") without in each such instance first obtaining the Written consent of Landlord, which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed. At the time of Landlord’s consent, Landlord shall designate whether 's consent to any Alterations by Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in or Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies 's approval of the plans, specifications and permits necessary working drawings for such workTenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities now in effect or which may hereafter be in effect. Nothing hereinTenant, howeverat its expense, shall be construed pay all engineering and design costs incurred by Landlord attributable to obligate Tenant the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to construct any Tenant Alteration for which Landlord has given its consent.
(b) consented and shall cause such alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord’s consent shall not be required for Tenant 's insurance carriers. All Alterations which (i) do not adversely impact Tenant is permitted to make shall be performed in a good and workmanlike manner, using new or like new materials and equipment at least equal in quality to the structural integrity of original installations in the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior Premises. All repair and (iii) qualify under the following:
(A) The Tenant Alteration is maintenance work required to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any performed by Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made pursuant to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination provisions of this Lease unless an Event of Default has occurred which is then continuing Section 6 and any Alterations permitted by Landlord so requires such removal.
(c) All Tenant Alterations pursuant to the provisions hereof, shall be done at Tenant’s 's expense by contractors approved persons requested by Tenant and authorized in Writing by. Landlord. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Kansas, evidencing that workmen's compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, which approval are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord and any Mortgagee as an additional insured, and any Mortgagee as a loss payee. Each such certificate shall provide that the same may not be unreasonably withheld, delayed cancelled or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within modified without ten (10) business days after delivery days' prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises, including, but not limited to, notice of Tenant’s request Landlord's nonresponsibility for approvalconstruction of, alteration or repair to, the Premises, in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. With respect to Tenant Upon the expiration or earlier termination of this Lease, except for Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenantin writing, Landlord shall have the right to require that Tenant remove all or any of the Alterations, and in such event, Tenant shall promptly remove at Tenant's expense the Alterations specified by Landlord and restore the Premises to their condition prior to the making of the same, reasonable wear and tear and casualty excepted. Notwithstanding the foregoing, Tenant shall be reimbursed by Tenant allowed to make interior, nonstructural changes to the Premises without Landlord's prior written consent; however, for Landlord’s cost all Alterations costing in reviewing such plans at the rate excess of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants 250,000.00 in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterationsconsecutive twelve (12) month period, Tenant shall provide Landlord with a copy fourteen (14) days' advance written notice of said changes. Tenant's schedule for completing the same, and any information relating to the Alterations reasonably requested by Landlord.
6. 1.1 Tenant shall keep the Development in as good order, condition, and repair and in an orderly state, as when they were entered upon loss by fire or other casualty and at the end of the term, reasonable wear and tear excepted. Subject to Landlord's obligation to make repairs in the event of certain casualties as set forth in Section 14 below, and Landlord's obligation to perform certain repairs pursuant to Sections 8.1,15.1 and 15.2, Landlord shall have no obligation for the repair or replacement of any portion of the Development which is damaged or wears out during the term "hereof regardless of the cause therefore, including but not limited to, the roof, parking lot, and heating, ventilating, air conditioning systems or any of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord 's property or betterments in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentDevelopment.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Assignment and Assumption of Lease and Guaranty (AEI Income & Growth Fund 26 LLC), Assignment and Assumption of Lease and Guaranty (Aei Income & Growth Fund 25 LLC)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alterationmake any Alterations, including, without limitation, requiring Tenant Tenant’s installation and construction of the Premises to furnish Landlord with security prepare the Premises for the payment of all costs to be incurred Tenant’s occupancy as well as fixturing, cabling and computer installations in connection with such worktherewith (collectively, insurance“Tenant’s Initial Installations”), and copies of the plans, specifications and permits necessary for such work. Nothing hereinwithout Landlord’s prior written consent in each instance; provided, however, that Tenant may make the following Alterations to the Premises without Landlord’s prior written consent (collectively, “Permitted Alterations”), (x) decorations consisting of furniture, painting, wall coverings and floor coverings in the Premises subject to the terms and conditions of the Lease (“Decorative Alterations”), and (y) other Alterations that satisfy the Alterations Criteria (as hereinafter defined), and which (together with any other Alterations performed by Tenant during the calendar year in which such other Alterations were performed) cost, in the aggregate, less than $30.000.00; provided, further, that Tenant shall be construed provide Landlord with at least ten (10) (Business Days’ prior written notice prior to obligate Tenant to construct making any Tenant Alteration Permitted Alterations, which notice shall include (except in the case of Decorative Alterations) a set of plans and specifications for which Landlord has given its consent.
(bsuch Permitted Alterations, as described in Section 4.2(a) below. Landlord’s consent to Tenant’s Alterations shall be granted or denied in Landlord’s sole discretion; provided, however, that Landlord shall not be required unreasonably withhold or delay its consent to Tenant’s Initial Alterations to adapt the Premises for Tenant the Permitted Use provided that such Alterations which (i) are non-structural and do not affect the Building Systems or services, or violate the design or engineering standards or criteria of Landlord for the Building, (ii) are performed only by contractors or mechanics approved in writing by Landlord, (iii) affect only the Premises and are not visible from outside of the Premises, (iv) do not adversely impact the structural integrity affect any service furnished by Landlord to Tenant or to any other tenant of the Building or the systems serving 000 Xxxx Xxxxxxxx, (v) do not reduce the value or utility of the Building or their operationthe 000 Xxxx Xxxxxxxx, (iivi) are do not visible from violate any Legal Requirements or the Building exterior Rules and Regulations, or cause the Premises or the Building or the 000 Xxxx Xxxxxxxx to be non-compliant with any Legal Requirements, (vii) do not adversely affect any Common Areas or other tenant of the Building or the 000 Xxxx Xxxxxxxx, or the premises of any such other tenant, and (iiiviii) qualify under do not conflict with or violate any rules and regulations of Landlord’s insurance carrier (collectively, the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period“Alterations Criteria”). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy final complete set of Tenant’s application Plans (defined below) for Tenant’s Initial Alterations, which Tenant shall cause to be prepared at Tenant’s sole cost and expense, within forty-five (45) days after the Effective Date. Landlord shall notify Tenant within five (5) Business Days after Tenant’s delivery of Tenant’s Plans, (i) whether Landlord consents or withholds its consent thereto, and (ii) if Landlord withholds its consent, the reason or reasons therefor. If Landlord fails to notify Tenant of its consent or withholding of consent within such five (5) Business Day period, and (x) Landlord further fails to notify Tenant of its consent or withholding of consent within five (5) Business Days after delivery (or attempted delivery) of a building permit thereforsecond written request by Tenant to Landlord, if applicable (together with all attachments theretoy) Tenant has evidence that Landlord received or refused delivery of such second notice (in the form of a return receipt or proof of refusal of delivery), and no review fee (z) such second notice stated on its face that refusal to timely respond constitutes a “deemed consent”, then Landlord shall be charged deemed to Tenant by Landlord in connection therewith nor shall have consented to Tenant’s Plans as submitted. If Landlord’s approval of a contractor is required, Landlord shall notify Tenant within five (5) Business Days after Tenant’s written request whether Landlord consents or withholds its consent to any contractor proposed by Tenant to perform Tenant’s Initial Alterations. If Landlord fails to notify Tenant of its consent or withholding of consent within such application be required. five (5) Business Day period, and Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to has evidence that Landlord within a reasonable time of completion of received the Tenant Alteration. All Tenant Alterations shall be done notice requesting such consent (in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal the form of a Tenant Alteration is required at termination return receipt or proof of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterationsrefusal of delivery), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, then Landlord shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to have consented to the contrarycontractor proposed by Tenant to perform such Tenant’s Alteration.
Appears in 2 contracts
Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alterationmake any Alterations, including, without limitation, requiring Tenant Tenant’s installation and construction of the Premises to furnish Landlord with security prepare the Premises for the payment of all costs to be incurred Tenant’s occupancy as well as fixturing, cabling and computer installations in connection with such worktherewith (collectively, insurance, and copies of the plans, specifications and permits necessary for such work“Tenant’s initial Installations”). Nothing hereinwithout Landlord’s prior written consent in each instance; provided, however, that Tenant may make the following Alterations to the Premises without Landlord’s prior written consent (collectively, “Permitted Alterations”), (x) decorations consisting of furniture, painting, wall coverings and floor coverings in the Premises subject to the terms and conditions of the Lease (“Decorative Alterations”), and (y) other Alterations that satisfy the Alterations Criteria (as hereinafter defined), and which (together with any other Alterations performed by Tenant during the calendar year in which such other Alterations were performed) cost, in the aggregate, less than $30,000.00; provided, further, that Tenant shall be construed provide Landlord with at least ten (10) (Business Days’ prior written notice prior to obligate Tenant to construct making any Tenant Alteration Permitted Alterations, which notice shall include (except in the case of Decorative Alterations) a set of plans and specifications for which Landlord has given its consent.
(bsuch Permitted Alterations, as described in Section 4.2(a) below. Landlord’s consent to Tenant’s Alterations shall be granted or denied in Landlord’s sole discretion; provided, however, that Landlord shall not be required unreasonably withhold or delay its consent to Tenant’s Initial Alterations to adapt the Premises for Tenant the Permitted Use provided that such Alterations which (i) are non-structural and do not affect the Building Systems or services, or violate the design or engineering standards or criteria of Landlord for the Building, (ii) are performed only by contractors or mechanics approved in writing by Landlord, (iii) affect only the Premises and are not visible from outside of the Premises, (iv) do not adversely impact the structural integrity affect any service furnished by Landlord to Tenant or to any other tenant of the Building or the systems serving 000 Xxxxx Xxxxxxxx, (v) do not reduce the value or utility of the Building or their operationthe 000 Xxxxx Xxxxxxxx, (iivi) are do not visible from violate any Legal Requirements or the Building exterior Rules and Regulations, or cause the Premises or the Building or the 000 Xxxxx Xxxxxxxx to be non-compliant with any Legal Requirements, (vii) do not adversely affect any Common Areas or other tenant of the Building or the 900 North Building, or the premises of any such other tenant, and (iiiviii) qualify under do not conflict with or violate any rules and regulations of Landlord’s insurance carrier (collectively, the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period“Alterations Criteria”). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy final complete set of Tenant’s application Plans (defined below) for Tenant’s Initial Alterations, which Tenant shall cause to be prepared at Tenant’s sole cost and expense, within forty-five (45) days after the Effective Date. Landlord shall notify Tenant within five (5) Business Days after Tenant’s delivery of Tenant’s Plans, (i) whether Landlord consents or withholds its consent thereto, and (ii) if Landlord withholds its consent, the reason or reasons therefor. If Landlord fails to notify Tenant of its consent or withholding of consent within such five (5) Business Day period, and (x) Landlord further fails to notify Tenant of its consent or withholding of consent within five (5) Business Days after delivery (or attempted delivery) of a building permit thereforsecond written request by Tenant to Landlord, if applicable (together with all attachments theretoy) Tenant has evidence that Landlord received or refused delivery of such second notice (in the form of a return receipt or proof of refusal of delivery), and no review fee (z) such second notice stated on its face that refusal to timely respond constitutes a “deemed consent”, then Landlord shall be charged deemed to Tenant by Landlord in connection therewith nor shall have consented to Tenant’s Plans as submitted. If Landlord’s approval of a contractor is required, Landlord shall notify Tenant within five (5) Business Days after Tenant’s written request whether Landlord consents or withholds its consent to any contractor proposed by Tenant to perform Tenant’s Initial Alterations. If Landlord fails to notify Tenant of its consent or withholding of consent within such application be required. five (5) Business Day period, and Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to has evidence that Landlord within a reasonable time of completion of received the Tenant Alteration. All Tenant Alterations shall be done notice requesting such consent (in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal the form of a Tenant Alteration is required at termination return receipt or proof of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterationsrefusal of delivery), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, then Landlord shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to have consented to the contrarycontractor proposed by Tenant to perform such Tenant’s Alteration.
Appears in 2 contracts
Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)
Tenant’s Alterations. (a) Except as hereafter providedConstruction by Tenant of Tenant’s Alterations shall be governed by the following:
A. Tenant shall not construct any Tenant’s Alterations or otherwise alter the Premises without Landlord’s prior written approval, which approval may be withheld and/or conditioned by Landlord in its sole and absolute discretion. Notwithstanding the foregoing, Tenant shall may make no alterations, additions or improvements (“Tenant Alterations”) non structural alterations to the Leased Space inside of the Premises (e.g., paint and carpet, communication systems, telephone and computer system wiring) without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, but upon at least ten (10) days prior written notice to Landlord, that do not (i) involve the expenditure of more than $10,000 in the aggregate in any calendar year or more than $40,000 over the Lease Term, (ii) affect the exterior appearance of the Building, (iii) affect the Building’s electrical, plumbing, HVAC, life, fire, safety or security systems, (iv) affect the structural elements of the Building or (v) adversely affect any other tenant of the Project. In the event Landlord’s approval for any Tenant’s Alterations is required, Tenant shall not construct the Tenant’s Alterations until Landlord has approved in writing the plans and specifications therefore, and such Tenant’s Alterations shall designate whether be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant’s Alterations constructed by Tenant shall be constructed by a reputable licensed contractor (approved in writing by Landlord) in accordance with all Laws using new materials of good quality.
B. Tenant shall not commence construction of any Tenant’s Alterations until, as applicable, (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five (5) days’ prior written notice of its intention to commence such construction, and (iv) if requested by Landlord, Tenant has obtained contingent liability and broad form builders* risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance earned pursuant to Article 9.
C. All Tenant’s Alterations shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Premises. At the expiration or sooner termination of the Lease Term, all Tenant’s Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, Landlord expressly reserves the right to require Tenant to remove any Tenant’s Alterations requiring Landlord’s consent hereunder, prior to the proposed expiration or sooner termination of the Lease Term by providing Tenant with written notice thereof prior to or upon such expiration or sooner termination. Notwithstanding the foregoing, if Tenant requests in writing a determination from Landlord at the time it requests Landlord’s consent to a Tenant Alteration upon termination of this Lease, and the absence whether or not Landlord will require removal of such designation Tenant Alteration, Landlord shall so notify Tenant in writing concurrently with its granting of consent to such Tenant Alteration (if Landlord so consents thereto). Landlord’s written consent failure to so notify Tenant shall be deemed Landlord’s agreement that election to require removal of such Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature Alteration and restoration of the proposed Tenant Alteration, including, without limitation, requiring Tenant Premises to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentprior condition.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Office Lease (Arteris, Inc.), Office Lease (Arteris, Inc.)
Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as hereafter providedotherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make no alterations, improvements, or physical additions or improvements of any kind to any part of the Premises (collectively, “Tenant Alterations”) to without first obtaining the Leased Space without the written consent of Landlord, which consent shall not be unreasonably withheld, delayed conditioned, or conditioneddelayed. At the time of If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s consentreceipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall designate whether be deemed to have elected to consent to the proposed Alteration, provided Tenant shall be required to remove the proposed Tenant Alteration upon termination otherwise have complied with all provisions of this LeaseLease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Tenant Agent” means any agent, employee, subtenant, assignee, contractor, client, family member, licensee, customer, invitee, or guest of Tenant. All Alterations shall be completed in compliance with all applicable Laws, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security rules and regulations for the payment of all costs to be incurred in connection with such work, insuranceconstruction, and copies of sustainable guidelines and procedures, using new or comparable materials only, by a contractor reasonably approved in writing by Landlord, and on days and at times reasonably approved in writing by Landlord. Notwithstanding the plansforegoing, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which any Alteration costing less than $50,000.00 in the aggregate per calendar year and that: (i) do is nonstructural; (ii) does not adversely impact the structural integrity any of the Building systems, involve electrical work, require a building permit, materially affect the air quality in the Building, or the systems serving the Building or their operation, (ii) are not visible from the Building exterior require Landlord to incur additional costs as a result thereof; and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions not visible from outside of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant AlterationsPremises.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.)
Tenant’s Alterations. (ai) Except as hereafter provided, The Tenant shall make no alterationsnot make, additions erect, or improvements install any partitions (“Tenant Alterations”including moveable partitions), leasehold improvements, alterations or fixtures (including trade fixtures) to in or about the Leased Space Premises without the prior written consent of the Landlord. All such work shall be performed in accordance with any reasonable conditions, regulations or design criteria set out by the Landlord and shall be completed in a good and xxxxxxx like manner, in accordance with the description of the work approved by the Landlord, which consent shall not be unreasonably withheldall applicable laws and the requirements of all governmental authorities. The Tenant shall, delayed or conditioned. At at the time of Landlord’s its application for such consent, Landlord shall designate whether Tenant shall be required to remove furnish the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for designs in such workdetail as the Landlord may require. Nothing herein, however, The Landlord shall be construed have the right to obligate Tenant supervise any work done and to construct any Tenant Alteration for which Landlord has given select or approve (at its consent.
(boption) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior contractors and (iii) qualify under the following:
(A) The Tenant Alteration is workmen to be made to portions employed by the Tenant. Any workmen performing the work shall have labour union affiliations compatible with others employed by the Landlord and its contractors. If the work proposed by the Tenant may affect the structure of the Leased Premises other than or any part of the laboratory areas Development or any of the electrical, mechanical or base building systems of the Development, the Landlord may elect that it be performed either by the Landlord or its contractors, in which case the Tenant shall pay to the Landlord as Additional Rent the costs of the Landlord relating to such work, including any consultants’ fees. If the Tenant performs any work without complying with the provisions of this Section and does not remove it upon notice, the Landlord shall have the right to do so and to restore the Leased Premises to their previous condition, in which case the Tenant shall pay to the Landlord as Additional Rent the costs of such work and a supervisory fee which is reasonable in all circumstances. All partitions, leasehold improvements, alterations or fixtures made, erected or installed in the Leased Premises, whether made pursuant to this Section 15.02 or otherwise, shall become the property of the Landlord upon installation or affixation subject to the rights and obligations of the Tenant respecting removal thereof as provided in this Section.
(ii) The Landlord may, by notice to the Tenant, require the removal prior to the end of the Term (on a floor-by-floor basis), at the expense of the Tenant, of all partitions, leasehold improvements, alterations or fixtures and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas restoration of the Leased Premises and to the cost thereof is $50,000 same condition that they were in prior to their making, erection or less with respect installation, such work to any Tenant Alteration project (be done by or $100,000 or less in at the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting direction of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentaforesaid.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Office Premises Lease (Pivotal Corp), Office Premises Lease (Pivotal Corp)
Tenant’s Alterations. The Tenant shall not make any alteration, repair, addition or improvement to the Leased Premises nor make, construct, erect or install any Leasehold Improvements in or to the Leased Premises, except with the prior written approval of the Landlord and in accordance with the procedures and provisions set out in this section. Before beginning any such work the Tenant shall deliver to the Landlord sufficient copies of its plans and specifications therefor and such other information as the Landlord may reasonably require with respect thereto. The Landlord may require revisions to such plans and specifications and payment of the cost to the Landlord of having its architects approve such plans and specifications as conditions of its approval for such work. Such approval shall not release the Tenant from its obligation to obtain a building permit if one is necessary. All such work shall be done by the Tenant:
(a) Except in accordance with the applicable Laws;
(b) as hereafter provided, Tenant shall make no alterations, additions expeditiously as possible in a good and workmanlike manner and with first-class new materials;
(c) in compliance with such reasonable rules and regulations as the Landlord or improvements its agents or contractors may make;
(“Tenant Alterations”d) in such manner as will not interfere unreasonably with any work being done by the Landlord upon the Leased Premises or any other portion of the Building;
(e) subject to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature supervision of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for or its agents or contractors and the payment of all costs to be incurred a reasonable fee in connection with such worksupervision;
(f) only by contractors approved by the Landlord, insuranceprovided that the Landlord may at its option require any mechanical or electrical work be done by the Landlord’s contractor;
(g) only by persons whose labour union affiliations are acceptable to the unions of which the employees of the Landlord, and copies its contractors or subcontractors are members, and
(h) at the risk of the Tenant. Any such work which is not done in accordance with the plans, specifications specifications, information and permits necessary for revisions delivered to and approved by the Landlord or is not otherwise in accordance with the requirements of this section, and which has not been removed or corrected forthwith after demand, may be removed or corrected by the Landlord at the expense of the Tenant. The Tenant shall also pay to the Landlord with respect to such work. Nothing herein, howeverthe reasonable cost to the Landlord of all utilities supplied to the Leased Premises with respect to such work and any special or additional services provided to the Tenant during the conduct of such work, shall be construed including special supervision, the cost of any necessary cutting or patching of or repairing any injury to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving Leased Premises, any cost to the Building Landlord of removing refuse or their operationmaterials and of cleaning as a result of such work, (ii) are not visible from any cost to the Building exterior and (iii) qualify under Landlord of changes required by the following:
(A) The Tenant Alteration is to be made to portions for the use of the Leased Premises Premises, and all other than costs incurred for the laboratory areas accommodation of such work (including delays caused by the conduct of such work) and any other cost of the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to Landlord which can reasonably be made allocated as a direct expense relating to the laboratory areas conduct of such work. Such costs of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed paid to the Landlord by the Tenant for as they are incurred by the Landlord and invoiced to the Tenant. Any such invoices may be based upon the Landlord’s reasonable estimate of any cost in reviewing wherever such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the cost cannot be exactly determined from information then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentthe Landlord.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Sublease Agreement (Intellon Corp), Office Lease (Intellon Corp)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant No repairs or alterations shall make no alterations, additions or improvements (“Tenant Alterations”) be made to the Leased Space Premises without the consent of Landlord's written approval, which consent shall such approval not to be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether The Tenant shall be required submit to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature details of the proposed Tenant Alteration, including, without limitation, requiring Tenant work including drawings and specifications prepared by qualified engineers conforming to furnish Landlord with security for good engineering practice. All such alterations shall be performed: (i) at the payment of all costs to be incurred in connection with such work, insurance, and copies sole cost of the plansTenant; (ii) by contractors and workmen approved by the Landlord; (iii) in a good and workmanlike manner; (iv) in accordance with drawings and specifications approved by the Landlord; (v) in accordance with all applicable legal and insurance requirements; (vi) subject to the reasonable regulations, specifications supervision, control and permits necessary for inspection of the Landlord; (vii) subject to such workindemnification against liens and expenses as the Landlord reasonably requires; and (viii) in accordance with all applicable laws, by-laws and government orders. Nothing hereinThe Landlord's reasonable cost incurred with respect to the Tenant's repairs and alterations including without limitation the cost of approving, however, supervising and inspecting all such work shall be construed to obligate paid by the Tenant to construct if any Tenant Alteration for which Landlord has given its consentalterations are completed after the Commencement Date.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas shall promptly pay for all materials supplied and the cost thereof is $10,000 or less work done with respect to repairs and alterations of the Premises so as to ensure that no lien is registered against any portion of the Lands. If a lien is registered, the Tenant Alteration project (or $20,000 or less in shall discharge it at its expense forthwith, failing which the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is Landlord may at its option discharge the lien by paying the amount claimed to be made due into court or directly to the laboratory areas lien claimant and the amount so paid and all expenses of the Leased Premises Landlord including reasonable legal fees (on a solicitor and client basis) shall be paid by the cost thereof is $50,000 or less with respect Tenant to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All The Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlordentitled to erect signage in the Premises. All signage must meet City of Vancouver by-laws, which approval shall not and be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than in keeping with the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set stature of the plans thereforBuilding. In connection with the review of plans submitted by Tenant, The Landlord shall be reimbursed by Tenant for Landlord’s cost have the sole determination whether any signage is in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord keeping with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentsaid stature.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Lease Agreement (Fortune Entertainment Corp /De/), Lease Agreement (Bingo Com Inc)
Tenant’s Alterations. (a) Except as hereafter providedTenant will not cut or drill into or secure any fixture, Tenant shall apparatus or equipment or make no alterations, improvements or physical additions or improvements (collectively, “Tenant Alterations”) of any kind to any part of the Leased Space Premises without first obtaining the written consent of Landlord, which such consent shall not to be unreasonably withheld. Landlord shall provide written notice either granting or withholding its consent within fifteen (15) days of a written request by Tenant containing all necessary information for Landlord to make an informed decision. Alterations shall, delayed or conditioned. At the time of at Landlord’s consentoption, be done by Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, at Tenant’s sole cost and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Leaseexpense. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) the installation of any office equipment or fixtures including internal partitions which do not adversely impact the require disturbance of any structural integrity of elements or systems (other than attachment thereto) within the Building or the systems serving the Building or their operation, (ii) are minor work, including decorations, which does not visible from require disturbance of any structural elements or systems (other than attachment thereto) within the Building exterior and which costs in the aggregate less than $50,000. If no approval is required or if Landlord approves Tenant’s Alterations and agrees to permit Tenant’s contractors to do the work, Tenant, prior to the commencement of labor or supply of any materials, must furnish to Landlord (i) a duplicate or original policy or certificates of insurance evidencing (a) general public liability insurance for personal injury and property damage in the minimum amount of $1,000,000.00 combined single limit, (b) statutory wxxxxxx’x compensation insurance, and (c) employer’s liability insurance from each contractor to be employed (all such policies shall be non-cancelable without thirty (30) days prior written notice to Landlord and shall be in amounts and with companies satisfactory to Landlord); (ii) construction documents prepared and sealed by a registered Pennsylvania architect if such alteration causes the aggregate of all Alterations to be in excess of $50,000; (iii) qualify under the following:
all applicable building permits required by law; and (Aiv) The Tenant Alteration is to be made to portions an executed, effective Waiver of the Leased Premises other than the laboratory areas Mechanics Liens from such contractors and all sub-contractors in states allowing for such waivers or the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to of such alteration must be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at bonded by Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with all Alterations requiring Landlord’s approval, Landlord shall be entitled to collect a construction management fee equal to three (3%) of the cost of the Alteration in connection with Landlord’s services in supervising and review of plans submitted such Alterations. Any approval by Landlord permitting Tenant to do any or cause any work to be done in or about the Premises shall be and hereby is conditioned upon Tenant’s work being performed by workmen and mechanics working in harmony and not interfering with labor employed by Landlord, Landlord’s mechanics or their contractors or by any other tenant or their contractors. If at any time any of the workmen or mechanics performing any of Tenant’s work shall be unable to work in harmony or shall interfere with any labor employed by Landlord, other tenants or their respective mechanics and contractors, then the permission granted by Landlord to Tenant permitting Tenant to do or cause any work to be done in or about the Premises, may be withdrawn by Landlord upon forty-eight (48) hours written notice to Tenant. All Alterations (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property upon installation and shall remain on the Premises without compensation to Tenant unless at the time Landlord approved the Alteration Landlord provided written notice to Tenant to remove same at the expiration of the Lease, in which event Tenant shall promptly remove such Alterations and restore the Premises to good order and condition. At Lease termination, all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) shall, at Landlord’s option, be removed by Tenant and shall be accomplished in a good and workmanlike manner so as not to damage the Premises or Building and in such manner so as not to disturb other tenants in the Building. All such installations, removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the Premises or Building. If Tenant fails to remove any items required to be removed pursuant to this Article, Landlord may do so and the reasonable costs and expenses thereof shall be deemed Additional Rent hereunder and shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy within fifteen (15) business days of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall receipt of an invoice therefor from Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 2 contracts
Samples: Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.)
Tenant’s Alterations. (a) Except as hereafter provided, The Tenant shall not place any thing on, nor make no alterationsany opening in, additions the roof or improvements (“Tenant Alterations”) to exterior walls of the Leased Space Building, without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon On the termination of this Lease. Landlord also may impose lease, or at such reasonable conditions time as part the Tenant vacates the Premises, the Tenant shall repair any damage caused to the Building as a result of its consent as Landlord deems appropriatehaving placed any thing on, taking into consideration or having made openings in, the nature roof, and shall restore the roof and exterior walls to their former condition, all to the satisfaction of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentLandlord.
(b) Landlord’s consent The Tenant shall not have the right, at its sole costs, to erect such corporate signage on the Lands or Building as it may require to identify its business. All signs shall be required for Tenant Alterations which (i) do not adversely impact in conformity with applicable laws and by-laws, and shall be subject to the structural integrity prior written approval of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld. Prior to the expiration of the Term, delayed the Tenant shall, at its cost, remove all such signage on the Premises and any damage caused to the Building or conditioned and Lands as a result of erecting or removing signs shall be deemed given repaired by the Tenant, at its sole cost, to the reasonable satisfaction of the Landlord, prior to the expiration of the Term.
(c) Save and except for the Alterations pursuant to Section 1.03(b), the Tenant shall make no Alterations to the Building or on the Lands unless it has first delivered to the Landlord notifies Tenant plans showing such proposed alterations or additions in reasonable detail, and obtained the written consent of its objections within ten (10) business days after delivery of the Landlord to such plans and any Alterations. The Landlord shall not unreasonably withhold or delay such consent, but may give consent on such conditions as the Landlord considers proper in the circumstances. All work performed shall be performed at the Tenant’s request sole cost, in a good and workmanlike manner, free from defects and using new first class materials, and construction shall be subject to supervision by the Landlord. It shall not be considered unreasonable for approvalthe Landlord to withhold its consent to any Alterations if they in any way involve the structural elements of the Building or Premises. With respect to Tenant Alterations other than the Permitted Tenant AlterationsIn addition, no all work shall be performed until completed to the plans therefore have been approved by satisfaction of the Landlord, which approval shall not be unreasonably withheldacting reasonably. The Tenant shall, delayed or conditioned at its cost, obtain all required permits and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules by-laws and regulations of all governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentjurisdiction.
(d) IfThe Tenant shall pay the costs of installing and maintaining a sprinkler supervisory system in the Building, if such a system is required by any law or regulation of any governmental authority, or by The Insurers Advisory Organization or any body having similar functions, or any fire or liability insurance company by which either the Landlord or Tenant may be insured during the Term. Without limitation, a portion of the Building presently contains a sprinkler supervisory system (the “Present System”) and the Tenant shall pay the cost of maintaining such system. The Landlord warrants that, as a condition of Landlord’s consentthe Commencement Date, removal of a Tenant Alteration the Present System is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryin good working condition.
Appears in 1 contract
Samples: Lease Agreement (Patheon Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no any alterations, additions or improvements other physical changes in or about the Premises (collectively, “Tenant Alterations”) to the Leased Space (other than decorative Alterations such as painting, wall coverings and floor coverings (collectively, “Decorative Alterations”)) without the consent of Landlord, which consent ’s prior written consent. Landlord shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of withhold its consent as Landlord deems appropriatefor normal and customary alterations typically made by office tenants in Comparable Buildings, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which provided that (i) such Alterations are non-structural, do not adversely impact affect any Building Systems and do not tie into the structural integrity backup generator, supplemental cooling unit or uninterruptible power supply serving the Building, (ii) [Intentionally Omitted], (iii) such Alterations affect only the Premises and are not visible from outside of the Premises, (iv) such Alterations do not invalidate or violate the non-residential use permit issued for the Building or the systems serving the Building or their operationPremises, (iiv) are such Alterations do not visible from the Building exterior violate any Requirement, and (iiivi) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made prior to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to Expiration Date, Tenant shall, unless otherwise directed by Landlord, at Tenant’s expense, remove any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)such Alterations. Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting at the time Tenant requests Landlord’s consent for any such Alteration, Tenant may, by written notice to Landlord, request Landlord’s written decision as to whether Landlord shall require Tenant to remove such Alteration at the end of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred Term, which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations decision shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned irrevocable and shall be deemed given unless Landlord notifies promptly given. Subject to the provisions of Section 5.3, Tenant of its objections within ten (10) business days after delivery of shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant removal of any such Alterations, no work and upon default thereof, Tenant shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless reimburse Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s actual cost in reviewing of repairing and restoring such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentdamage.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Sublease (K12 Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, make alterations and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made additions to the laboratory areas of Premises, whether before or during the Leased Premises Lease Term, except in accordance with plans and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors specifications therefor first approved by Landlord, which approval shall not be unreasonably withheldwithheld unreasonably. Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions which (a) involve or might affect any structural or exterior element of the Building, delayed any area or conditioned element outside of the Premises, or any facility serving any area of the Building outside of the Premises, or (b) will require unusual expense to readapt the Premises to normal office use on Lease termination or increase the cost of construction or of insurance or taxes on the Building or the Centre or of the services called for by Section 5.3 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination without expense to Landlord. [All alterations and additions shall be deemed given part of the Building unless and until Landlord notifies Tenant of its objections within ten (10) business days after delivery shall specify the same for removal pursuant to Section 5.2] All of Tenant’s request 's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not damage the Property or interfere with construction or operation of the Property and the Centre, and except for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterationsinstallation of furnishings, no work shall be performed until the plans therefore have been by Landlord's general contractor or by contractors or workmen first approved by Landlord. Except for work by Landlord's general contractor, which approval Tenant, before its work is started, shall not be unreasonably withheld, delayed or conditioned secure all licenses and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery permits necessary therefor; deliver to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours names of all its contractors and subcontractors and the estimated cost of all labor and material to be dedicated furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such reviewlabor and material; and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractors' and subcontractors' employees and comprehensive general liability insurance in such limits as Landlord may require reasonably, but in no event less than $500,000/$1,000,000 and property damage insurance with limits of not less than $250,000. With respect (all such insurance to Permitted be written in companies approved reasonably by Landlord and insuring Landlord and Tenant Alterationsas well as the contractors); and to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit thereforits agents, if applicable (together with all attachments thereto)employees or independent contractors, and no review fee shall be charged not to Tenant by Landlord cause or permit any liens for labor or materials performed or furnished in connection therewith nor shall Landlord’s approval of to attach to the Premises or the Property or the Centre and immediately to discharge any such application be requiredliens which may so attach. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) Ifpay, as a condition additional rent, one hundred percent (100%) of Landlord’s consentany tax increase which shall at any time after the Commencement Date result from the alteration, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect addition or improvement to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned Premises made by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Modification and Extension of Leases (Information Holdings Inc)
Tenant’s Alterations. (a) Except as hereafter providedTenant may, Tenant shall from time to time, make no additions, alterations, additions or improvements modifications, replacements and changes to the Improvements and other portions of the Premises (collectively, “Tenant Alterations”) ), subject to the Leased Space without the consent of Landlord's approval, which consent (A) shall not be unreasonably withheld, conditioned, or delayed in the case of any Alteration that is not Sole Discretion Alteration; and (B) may, in the case of any Sole Discretion Alteration, be granted or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation withheld in Landlord’s written consent shall be deemed sole and absolute discretion; provided that Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent 's approval shall not be required for Tenant any Alterations which so long as such Alterations do not affect the structural elements of any portion of the roof, foundation, floor slab or load-bearing or exterior walls of any Building, (b) do not require a building permit, (c) do not include demolition of any Building, and (d) when completed do not result in a diminution of the market value of the Premises or the utility or functionality of any Building. As used herein, the term “Sole Discretion Alterations” means (i) do not any Alteration that materially and adversely impact affects the structural integrity elements of any portion of the Building roof, foundation, floor slab or the systems serving the Building or their operationload bearing walls of any Building, (ii) are not visible from the includes demolition of any Building exterior and or (iii) qualify when completed would result in a diminution of the market value of the Premises or the utility or functionality of any Building; provided, that Alterations required by any automobile manufacturer with whom Tenant has a franchise agreement to operate at the Premises shall not be considered Sole Discretion Alterations. For purposes hereof, the term “Alterations” shall not be deemed to include the installation, relocation, reconfiguration or replacement of any movable trade equipment notwithstanding that the same may be anchored to a Building. Tenant shall not do, or permit others under its control to do, any work on the following:
(A) The Premises related to Alterations unless Tenant Alteration is shall have first procured and paid, or caused to be made to portions procured and paid, all requisite municipal and other governmental permits and authorizations. All Alterations shall comply with all requirements of all insurers that, at the Leased Premises other than time in question, are insuring the laboratory areas Improvements under property damage insurance policies (collectively, “Insurance Requirements”) and with Laws and shall be constructed in a good and workmanlike manner using good grades of materials. If by the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described provisions above in this subsection (b) for which paragraph Landlord’s consent is required for an Alteration, Tenant shall submit the proposed plans and specifications therefor to Landlord for review prior to commencement of such Alteration. Landlord shall have ten (10) Business Days in which to review and approve the same. If Landlord fails to provide its approval or disapproval of any submitted plans and specifications within said ten (10) Business Day period and such failure is not required hereinafter are called cured within five (5) Business Days after a second written request from Tenant (conspicuously marked “Permitted Tenant Alterations.” Notwithstanding SECOND NOTICE – FAILURE TO RESPOND WITHIN 5 BUSINESS DAYS SHALL RESULT IN DEEMED APPROVAL”), then the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements same shall not be deemed approved by Landlord. Landlord’s right to review plans and specifications shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with Laws or Insurance Requirements. Landlord may post or give notices of non-responsibility in compliance with applicable law. Tenant shall deliver to Landlord a diskette on which Tenant has recorded in the most recent version of AutoCAD or compatible format (or such other format then in common use by commercial architects) the “as-built” drawings for all Alterations regardless (which, in any single instance, cost $50,000.00 or more, and actually affect the structural elements or mechanical, electrical and plumbing facilities) that Tenant made subsequent to its previous submission of drawings to Landlord in accordance with the cost thereofterms hereof. Other than Alterations made by Tenant requiring Landlord’s approval and that with respect to which Tenant failed to obtain Landlord’s approval, Tenant shall not be obligated required to remove Permitted Tenant Alterations upon any of the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed Improvements or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approvalany Alterations. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections Subject to the proposed plans within ten (10) business days after delivery to Landlord of a complete set foregoing, and except as otherwise provided herein, at the expiration of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant AlterationsTerm, Tenant shall provide deliver the Premises to Landlord with a copy of Tenant’s application for a building permit thereforin good condition and repair, if applicable (together with all attachments thereto)subject to ordinary wear and tear, subject to the following: ordinary wear and tear, and no review fee shall be charged to Tenant casualty and Condemnation damage that, by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination other provisions of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon repair. Upon the termination of this Lease, such Improvements (including all Alterations but excluding the Removable Property and Equipment) that are not already the property of Landlord shall be deemed abandoned by Tenant, and deemed a part become the property of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Asset Purchase Agreement (Asbury Automotive Group Inc)
Tenant’s Alterations. (a) Except as hereafter provided9.01. Tenant may during the term of this Lease, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of with Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. At , make non-structural interior alterations, additions, installations, substitutions and improvements, other than normal office decorations which comply with the time of Landlord’s consentthen applicable Building Rules and Regulations, Landlord shall designate whether Tenant (collectively, "Alterations") in and to the Demised Premises, subject to the following conditions:
(a) any Alterations shall be required to remove the proposed made, at Tenant's expense, by contractors selected by Tenant Alteration upon termination of this Leasefrom a list furnished by Landlord, and the absence of such designation in or by contractors otherwise approved by Landlord’s written consent shall be deemed Landlord’s agreement that Tenant , which approval shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.unreasonably withheld or delayed;
(b) Landlord’s consent the Building's appearance, value, structural strength and mechanical and electrical systems shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.affected;
(c) All Tenant any Alterations shall be done made in accordance with plans and specifications prepared by Tenant at Tenant’s its expense by contractors and approved by Landlord, which approval shall not be unreasonably withheld, delayed conditioned or conditioned delayed;
(d) the proposed and completed Alterations shall be deemed given unless Landlord notifies Tenant subject, at Landlord's discretion and at Tenant's expense, to Landlord's HVAC, electrical, engineering and architectural review and to the imposition of reasonable conditions and requirements based on such review, including but not limited to Landlord's fee of 10% of construction costs for construction administration, and all Alterations shall be completed to the reasonable satisfaction of Landlord.
(e) prior to commencing any such work, Tenant, at its objections within ten expense, shall first obtain all necessary governmental permits and authorizations and upon completion of the Alterations shall procure a certificate of occupancy, if required;
(10f) business days after delivery of Tenant’s request for approval. With respect to Tenant all Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection in compliance with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules rules, regulations and regulations requirements of governmental authorities having jurisdiction thereoverover the Premises, andand all relevant insurance requirements, where applicableand in a workmanlike manner, using new materials and installations at least equal in quality to the original Building materials and installations;
(g) no Alterations shall interfere unreasonably with the construction, maintenance or operation of the Building, with the performance of any work by Landlord or with the business operations of any other tenant of the Building, or cause any labor discord in the Building;
(h) the cost of Alterations shall be so paid by Tenant that the Land and Building shall remain free of liens;
(i) Tenant, at its expense, shall cause its contractors to maintain builder's risk insurance and such other insurance as is then customarily maintained for such work, in commercially reasonable amounts, as well as workers compensation insurance, in statutory limits, all reasonable requirements with insurers licensed by the State of Connecticut;
(j) Tenant shall, promptly upon demand, furnish Landlord imposed with such proof of compliance with this Article 9 as a condition Landlord reasonably requests; and
(k) upon completion of such consentany material Alterations, Tenant shall, at its expense, furnish Landlord with complete as-built mylar drawings thereof. Tenant may not, in any case, make any Alterations in or to the Parking Area, or outside of the Premises.
(d) If9.02. If so requested in writing by Landlord when the Alterations are approved by Landlord, as a condition of Landlord’s consentTenant shall, removal of a Tenant Alteration is required at prior to the expiration or other termination of this Lease, remove any such specific Alterations made by or for Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect pursuant to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination terms of this Lease, shall be deemed abandoned by Tenant, Lease after the Commencement Date and deemed a part restore the Demised Premises to their same condition existing as of Landlord’s property, notwithstanding any provision of Section 16 to the contraryCommencement Date.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall will not make no structural alterations, structural improvements or structural physical additions of any kind to any part of the Premises, nor use or improvements (“Tenant Alterations”) to employ any contractor, architect. engineer or other professional without first obtaining the Leased Space without the written consent of Landlord, which consent shall not be unreasonably unreasonable withheld, delayed or conditionedconditioned or delayed. At the time As part of Landlord’s giving its consent, Landlord will, among other criteria, evaluate the proven track record for the respective contractor in the local market. If Landlord shall designate whether Tenant deny or condition its approval, the reasons therefor and nature thereof shall be required set forth with reasonable specificity. Landlord shall respond to remove the proposed each Tenant Alteration proposal within 10 business days of receipt of request. Any other improvements may be made by Tenant upon termination of this Leasenotice to Landlord subject to Landlord's consent, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall which may not be obligated unreasonably withheld. If Landlord approves Tenant's alterations and agrees to remove Tenant Alterations upon permit Tenant's contractor to do the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, Tenant, prior to the commencement of labor or supply of any materials, must furnish to Landlord (I) a policy or certificates of insurance evidencing
(a) general public liability insurance for personal injury and property damage in the minimum amount of $2,000,000.00 combined single limit, (b) statutory xxxxxxx'x compensation insurance, and copies of the plans, specifications and permits necessary for (c) employer's liability insurance from each contractor to be employed (all such work. Nothing herein, however, policies shall be construed non-cancelable without thirty (30) days prior written notice to obligate Landlord and shall be in reasonable amounts and with companies reasonably satisfactory to Landlord); (ii) construction documents prepared and sealed by a registered Connecticut architect or engineer; (iii) all applicable permits required by law; and (iv) appropriate mechanic's lien waivers signed by Tenant's contractor and all subcontractors. Any consent by Landlord permitting Tenant to construct do any Tenant Alteration for which Landlord has given its consentor cause any work to be done in or about the Premises shall be and hereby is conditioned upon Tenant's work being performed by workmen and mechanics working in harmony and not materially interfering with labor employed by Landlord, Landlord's mechanics or their contractors or by any other tenant or their contractors.
(b) All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises, excepting Tenant's trade fixtures, equipment and personal property, either by Landlord or Tenant, shall be Landlord’s consent 's property upon installation and shall not be required remain on the Premises without compensation to Tenant; and all furniture, trade fixtures, personal property and equipment installed by Tenant shall remain Tenant's property, free of any lien for the payment of rent by Tenant Alterations which (i) do not adversely impact or for the structural integrity performance of any other obligation of Tenant under the Lease; provided, however, that if at the time of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions installation of any of the Leased Premises other than foregoing the laboratory areas and the cost thereof is $10,000 or less with respect Parties shall identify in writing that a contrary election has been made as to any such installation, such election shall govern and control. Tenant's furniture, trade fixtures, personal property and equipment may be removed by Tenant Alteration project (at the end of the Term if Tenant so elects, and if not so removed shall, at the option of Landlord, become the property of Landlord. If Landlord declines to exercise such option, Tenant shall remove any and every item designated by Landlord. All installations shall be accomplished in a good and workmanlike manner so as not to damage the Premises or $20,000 or less Building and in such manner so as not to disturb other tenants in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereofBuilding. Tenant shall not be obligated to remove Permitted Tenant Alterations upon at its expense repair any and all damage caused by the termination removal of this Lease unless an Event any and all of Default has occurred which is then continuing and Landlord so requires such removalthe items or installations it removes.
(c) All Prior to Tenant Alterations performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Building, Tenant shall, to the extent lawful, have its contractor execute a Waiver of Mechanics' Lien, reasonably satisfactory to Landlord, and provide Landlord with the original copy of the same. Notwithstanding the foregoing, if any mechanics' or other lien shall be done filed against the Premises or the Building purporting to be for labor or material actually furnished or to be furnished at the request of Tenant’s , then Tenant shall at its expense cause such lien to be discharged by contractors approved by Landlordpayment, which approval shall not be unreasonably withheldbond or otherwise, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery receipt of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set notice of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be requiredfiling. Tenant shall provide copies of as-built plans have the right to contest any such lien as permitted by law. Tenant shall indemnify and specifications for all Tenant Alterations to hold Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant harmless against any and all applicable lawsclaims, ordinancescosts, rules damages, liabilities and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder expenses (including without limitation Permitted Tenant Alterations), reasonable attorney fees) which may be brought or imposed against or incurred by Landlord by reason of any such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrarylien or its discharge.
Appears in 1 contract
Samples: Lease (Homegrocer Com Inc)
Tenant’s Alterations. (a) Except as hereafter provided45.1 In accordance with the provisions of Article 3 hereof, Tenant shall not make, or permit the making of, any alterations, additions, installations or improvements in or to the Building or any part thereof except with the prior written consent of Owner. Owner acknowledges that Tenant may desire to make no certain interior alterations, additions, installations and improvements in and to the demised premises including Tenant's Work and Owner agrees not to unreasonably withhold or delay its consent provided that such changes do not affect the structural integrity of or utility systems in the Building and do not materially or adversely affect the value of the demised premises. Anything to the contrary contained in the two (2) immediately preceding sentences, Tenant shall not require the consent of Owner to make interior alterations, additions or and improvements (“Tenant Alterations”) in and to the Leased Space without demised premises except to the extent such consent is required under the terms of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination Article 42 of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated have the right to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing erect exterior signs subject to Owner's approval as to size, location and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, content which approval shall not be unreasonably withheldwithheld or delayed. All alterations, delayed or conditioned additions, installations and improvements made pursuant to Article 3 hereof and this Article 45 shall be deemed given unless Landlord notifies Tenant of its objections within ten made (10a) business days after delivery of at Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations's sole cost and expense, no work shall be performed until (b) in accordance with the plans therefore have been approved by Landlord, Owner which approval shall not be unreasonably withheld, delayed withheld or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections delayed; (c) by persons or firms reasonably acceptable to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generallyOwner, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) Ifmust comply in all material respects with all laws and ordinances with the Owner retaining the right to correct or remove such alterations, additions, installations, and improvements at the Tenant's expense if they not meet such criteria and (e) at such times and in such manner as Owner may reasonably designate, and shall otherwise be made in accordance with the terms and conditions set forth in Article 3 hereof and this Article 45. All materials and equipment incorporated in the demised premises pursuant to Article 3 hereof and this Article 45 shall be of first quality and shall not be subject to any lien, encumbrance, chattel mortgage, security agreement or title retention whatsoever. To the extent exterior signage is permitted for tenants of the Building, Tenant's right to exterior signage shall provide for surface coverage not less than Tenant's pro rata share based upon Tenant's leased space.
45.2 Anything to the contrary contained in Articles 3, 42 and 45 of this Lease notwithstanding, Owner's consent or approval, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect otherwise provided for in said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination Articles of this Lease, shall not be deemed abandoned required for any alterations by Tenant, and deemed Tenant costing a part cumulative amount of Landlord’s property, notwithstanding any provision of Section 16 to the contrary$100,000.00 or less.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space Premises not any repairs, replacements or restorations to the Premises in excess of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) without the prior written consent of Landlord. Landlord may impose, as a condition to such consent, such requirements as Landlord, in its sole discretion, may deem reasonable or desirable, including, but not limited to, a requirement that all work be covered by a surety bond in favor of Landlord, guaranteeing the completion of such work free and clear of all subcontractors', mechanics' and materialmen's liens (which bond shall be satisfactory to Landlord) and requirements as to the manner, time and contractor or contractors as to or by which such work shall be done. Notwithstanding the foregoing, no improvements may be made that would diminish the value of the Premises and, in addition, no improvements may be made to any mechanical or utility system, the exterior walls or the roof of the Premises, nor may any improvements of a structural nature be made without Landlord's approval, which approval may be withheld in Landlord's sole and absolute discretion. In no event shall Tenant make or cause to be made any penetration through the roof or the floor of the Premises without the prior written approval of Landlord, which consent approval may be withheld in Landlord's sole and absolute discretion. Any requirements of the Work Letter applicable to any initial construction work performed by or under Tenant shall not also be unreasonably withheldapplicable to any such alterations, delayed or conditionedadditions and/or improvements. At the time of Landlord’s consent, Landlord shall designate whether All alterations made by Tenant shall be required in accordance with all Governmental Requirements and to remove the proposed Tenant Alteration upon termination extent Tenant's alterations trigger alterations or other modifications within the Building or Project, such alterations or other modifications shall be performed by Landlord at the expense of this LeaseTenant. Any request for Landlord's consent to such work shall be made in writing and shall contain three (3) sets of architectural plans and specifications (with square footages) describing such work in detail reasonably satisfactory to Landlord. No such plans and specifications or any material change thereto shall be submitted for approval to any federal, state, county or local government or other governmental agency or association prior to Landlord's review and the absence approval of same. Failure of Landlord to respond to such designation in Landlord’s written consent request within thirty (30) days shall be deemed Landlord’s agreement that Tenant a denial of such request. Plans and specifications and governmental applications shall not be obligated to remove Tenant Alterations become the property of Landlord upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination expiration of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless turned over to Landlord notifies by Tenant upon Landlord's request therefor. Unless Landlord otherwise agrees in writing, all such alterations, additions or improvements affixed or built into the Premises (but excluding moveable trade fixtures and furniture) shall become the property of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant AlterationsLandlord as provided in Section 14.3 below, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection surrendered with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) IfPremises, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default part thereof, at the end of the Lease term, except that Landlord may effect said removal and repairs may, by written notice to Tenant given at Tenants expense. With respect least thirty (30) days prior to any the end of the Lease term, require Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations)all or any portion of any alterations, such Tenant Alterationsdecorations, if not removed by Tenant upon additions, improvements and the termination of this Lease, shall be deemed abandoned like installed by Tenant, and deemed a part of to repair, or at Landlord’s property's option, notwithstanding to pay all costs relating to any provision of Section 16 damage to the contraryPremises arising from such removal.
Appears in 1 contract
Samples: Office Space Lease (DVD Express Inc)
Tenant’s Alterations. (a) Except as hereafter providedotherwise set forth in this Lease, Tenant shall not cut or drill into or secure any fixture, apparatus or equipment or make no other invasive alterations, improvements or physical additions or improvements (collectively, “Tenant Alterations”) of any kind to any part of the Leased Space Premises (other than hanging of artwork or as otherwise set forth in the next succeeding sentence) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, delayed conditioned, or conditioneddelayed. At the time of All Alterations shall be completed in compliance with all applicable Laws and Landlord’s consentguidelines concerning Alterations, Landlord shall designate whether Tenant which shall be required substantially similar to remove the proposed Tenant Alteration upon termination of this Leaseguidelines attached as Exhibit C-2, and as the absence of such designation same may be reasonably updated from time to time to reflect reasonable practices in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant the industry (the “Alterations upon the termination of this LeaseGuidelines”). Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant any Alteration (regardless of the then applicable Alterations which Guidelines) costing less than $100,000.00 and that: (i) do is nonstructural; and (ii) does not adversely impact the structural integrity affect any of the Building MEP systems, involve electrical or drywall work, require a building permit, or materially affect the systems serving air quality in the Building in an adverse, continuing way. Tenant shall be solely responsible for the installation and maintenance of its data, telecommunication, and security systems and wiring at the Premises, which shall be done in compliance with all applicable Laws and Landlord’s guidelines with respect to such installations. With respect to all Alterations made after the Execution Date, other than those made by Landlord (or their operationauthorized or permitted by Landlord) pursuant to this Lease, (ii) are not visible from the Building exterior and (iii) qualify under the following:
Tenant acknowledges that: (A) The Tenant Alteration is to be made to portions not, under any circumstance, acting as the agent of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)Landlord; or
(B) The Tenant Alteration is Landlord did not cause or request such Alterations to be made made; (C) Landlord has not ratified such work; and (D) Landlord did not authorize such Alterations within the meaning of applicable state statutes. Nothing in this Lease or in any consent to the laboratory areas making of the Leased Premises and the cost thereof is $50,000 Alterations shall be deemed or less with respect construed in any way as constituting a request by Landlord, express or implied, to any Tenant Alteration project (contractor, subcontractor, or $100,000 supplier for the performance of any labor or less in the aggregate with respect furnishing of any materials for the use or benefit of Landlord. The Leasehold Improvements are not Alterations for any purpose under this Lease, and shall be governed by Exhibit C to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereofLease. Tenant shall not be obligated required to remove Permitted Tenant Alterations upon any Alteration at the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set expiration of the plans therefor. In connection with Term or sooner termination as to which (I) the review of plans submitted by Tenant, Landlord shall same is permitted to be reimbursed by Tenant for constructed or installed without Landlord’s cost consent in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated accordance with this Section 9 or (II) if Landlord’s consent to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of Alteration does not expressly require the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentsame.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease (Safeguard Scientifics Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not paint or decorate, or make no any alterations, additions or improvements (“Tenant Alterations”) to the Leased Space Building or to the Premises, or any part thereof, without the Landlord's prior written consent of Landlord, in each instance which consent shall not be unreasonably withheld, delayed or conditioned. At Tenant shall present plans and specifications for such work to Landlord at the time approval is sought. Before making any alterations, additions, installations, or improvements Tenant shall, at its expense, obtain all permits, approvals and certificates required by governmental authorities and, upon completion, certificates of Landlord’s consentfinal approval thereof, and shall deliver duplicates of all such permits, approvals and certificates to Landlord promptly thereafter. Tenant agrees to carry and will cause Tenant's contractors and subcontractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may require. Any alterations, additions or improvements made by Tenant constituting fixtures shall immediately become the property of Landlord and shall remain upon the Premises. Alternately, Landlord shall designate whether may elect to require Tenant to remove such alterations, additions and improvements and restore the Premises to their original condition, in which case Tenant shall be required comply with such requirement prior to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the expiration or other termination of this Lease. Landlord also may impose such reasonable conditions as Tenant shall not cut or drill into or secure any fixtures, apparatus or equipment of any kind in or to any part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, Premises without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its first obtaining Landlord's written consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not cause to be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections removed within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than notice thereof any lien, including any mechanic's lien asserted against work performed upon the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be requiredPremises. Tenant shall provide copies also defend on Landlord's behalf, at Tenant's sole cost and expense, any action, suit or proceeding for the enforcement of as-built plans any such lien, and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations pay any damages and repair satisfy and discharge any damage occasioned by such removal. In default thereofjudgment entered thereon and save Landlord harmless from any loss, Landlord may effect said removal and repairs at Tenants liability, expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (, including without limitation Permitted Tenant Alterations)reasonable counsel fees, such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryclaims or damages resulting therefrom.
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Tenant’s Alterations. (a) Except Tenant shall have the right, at its sole expense, from time to time, to redecorate the Premises and to make such interior, nonstructural alterations, additions, improvements and changes in such parts thereof as hereafter Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the Building. Anything contained in this Section 7.3 to the contrary notwithstanding, Tenant shall not make no alterations, additions or improvements (“Tenant Alterations”) changes to the Leased Space structural portions of the Premises without the consent of Landlord's prior written approval, which consent shall approval may not be unreasonably withheldwithheld or delayed. If Tenant shall desire to make any alterations, delayed additions, improvements, or conditioned. At the time changes for which Landlord's prior consent is required as provided herein, Tenant shall deliver written notice thereof to Landlord, and within twenty (20) days thereafter Landlord shall deliver written notice to Tenant of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence 's approval or disapproval of such designation in Landlord’s request. If Tenant does not receive such written consent notice within such twenty (20) day period, then Landlord shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon have approved such request. Upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination expiration of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereofmay, Landlord may effect said removal and repairs at Tenants expense. With respect its option, prior to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination expiration of this Lease, remove all such redecorations, alterations, additions, improvements and changes; provided that Tenant shall (a) repair any damage to the Premises caused by such removal and (b) restore the Premises to the condition existing prior to the performance of such redecorations, alterations, additions or improvements, reasonable wear and tear, damage and destruction (which shall be deemed abandoned governed by Article XV hereof), condemnation, repairs required by the acts or omissions of Landlord, its agents, employees, or independent contractors excepted. If the Landlord desires to have the Tenant remove any such redecorations, alterations, additions, improvements and changes, then the Landlord will so notify the Tenant within thirty days after the termination of possession of the Premises by the Tenant, in which event the Tenant shall remove the items specified by the Landlord, and deemed a part Tenant shall (a) repair any damage to the Premises caused by such removal and (b) restore the Premises to the condition existing prior to the performance of such redecorations, alterations, additions or improvements, reasonable wear and tear, condemnation, repairs required by the acts or omissions of Landlord’s property, notwithstanding its agents, employees, or independent contractors excepted. The Landlord will only have the right to require the Tenant to remove the following categories of items installed by the Tenant: (i) any provision items where the aggregate cost of Section 16 removal and restoration of the damage caused by such repair will exceed the sum of Fifty Thousand Dollars ($50,000.00), (ii) trade fixtures of the Tenant and (iii) equipment of the Tenant. All such alterations, additions, or improvements shall be done in accordance with all applicable laws, rules, regulations, and orders, including applicable building codes; provided, however, that if any such applicable laws, rules, regulations, orders, or building codes shall require any alterations, additions, or improvements to portions of the Premises as a result of (a) the failure of the Premises, as of the Date of Occupancy, to comply with such laws, rules, regulations, orders, or building codes or (b) Landlord's failure to perform its obligations related to the contraryPremises as set forth in this Lease or (c) any environmental condition existing in the Premises as of the Date of Occupancy, Landlord, at its sole cost and expense, shall perform such alterations, additions, or improvements. Landlord shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to or upon said Premises.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no any alterations, additions or improvements other physical changes in or about the Premises (“Tenant Alterations”collectively, "ALTERATIONS") to the Leased Space other than decorative Alterations such as painting, wall coverings and floor coverings (collectively, "DECORATIVE ALTERATIONS"), without the consent of Landlord's prior consent, which consent shall not be unreasonably withheldwithheld if such Alterations (i) are non-structural and do not affect any Building Systems, delayed (ii) affect only the Premises and are not visible from outside of the Premises, (iii) do not affect the certificate of occupancy issued for the Building or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this LeasePremises, and the absence of such designation in (iv) do not violate any Requirement. Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s 's consent shall not be required for Tenant any Alterations ("ACCEPTABLE ALTERATIONS") which are non-structural and (ia) do not adversely impact affect Building Systems, (b) affect only the structural integrity Premises and are not visible from outside of the Premises, (c) do not affect the certificate of occupancy issued for the Building or the systems serving the Building or their operationPremises, (ii) are not visible from the Building exterior and (iiid) qualify under do not violate any Requirement or cause the following:
(A) The Tenant Alteration is Premises or Building to be made to portions non-compliant with any Requirement, provided that the cost of the Leased Premises other than the laboratory areas such Alterations (and the cost thereof is of any Alterations which are part of a single unified project shall be aggregated for the purpose of determining cost) does not exceed $10,000 or less 100,000. If the performance of any Alterations requires access by Tenant to space occupied by any other party, then Landlord will cooperate with respect Tenant, at no cost to any Tenant Alteration project (or $20,000 or less in the aggregate with respect Landlord, to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made effectuate such access, subject to the laboratory areas lease of the Leased Premises occupant of such space and the cost thereof is $50,000 or less provisions of this Lease. In the event that the occupant of such space refuses to grant Tenant access to the space occupied by such party, then, at Tenant's request, Landlord shall exercise the rights, if any, that it may have under its lease with respect such occupant to any Tenant Alteration project (or $100,000 or less in enter the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant space and perform the Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting on behalf of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereofTenant. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by reimburse Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten thirty (1030) business days after delivery of Tenant’s request demand, for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to all reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant out-of-pocket costs actually incurred by Landlord in connection therewith nor shall Landlord’s approval with the performance of such application Alterations. Tenant further agrees to indemnify, defend, protect, and hold harmless each of the Indemnitees from any claims arising out of the performance of such Alterations by Landlord on behalf of Tenant, except to the extent the claim arises out of the negligence or willful misconduct of Landlord. However, the performance of all Acceptable Alterations shall be requiredsubject to all of the other provisions of this Lease including, without limitation, the obligation to furnish Landlord with plans and specifications therefor if the preparation of plans and specifications are required by any Requirements. Tenant shall provide also deliver to Landlord upon request copies of as-built plans and specifications for all Tenant contracts in order that Landlord can confirm that the Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first classquestion are, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable lawsin fact, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentAcceptable Alterations.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease (Franklin Resources Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make no alterations, improvements, or physical additions or improvements of any kind to any part of the Premises (collectively, “Tenant Alterations”) to without first obtaining the Leased Space without the written consent of Landlord, which consent shall not be unreasonably withheld, delayed conditioned, or conditioneddelayed. At the time of If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s consentreceipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof, Landlord shall designate whether be deemed to have elected to consent to the proposed Alteration, provided Tenant shall be required to remove the proposed Tenant Alteration upon termination otherwise have complied with all provisions of this LeaseLease relating to such Alterations. “Tenant Agent” means any agent, employee, subtenant, assignee, contractor, subcontractor, client, family member, licensee, customer, invitee, or guest of Tenant. All Alterations shall be completed in compliance with all applicable Laws, and the absence of such designation in Landlord’s written consent shall be deemed rules and regulations for construction, using new or comparable materials only, by a contractor reasonably approved in writing by Landlord’s agreement that , and on days and at times reasonably approved in writing by Landlord. Tenant shall not be obligated to remove Tenant Alterations mark xxx tag all wiring and cabling installed by it or on its behalf upon installation. Notwithstanding the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriateforegoing, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which any Alteration costing less than $50,000.00 and that: (i) do is nonstructural; (ii) does not adversely impact the structural integrity any of the Building systems, involve electrical or drywall work or locking hardware, require a building permit, materially affect the systems serving air quality in the Building Building, or their operation, (ii) are not visible from the Building exterior EXHIBIT 10.35 require Landlord to incur additional costs as a result thereof; and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions not visible from outside of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereofPremises. Tenant shall not be obligated cause all Alterations to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection comply with the review of plans submitted by Tenant405 Colorado Green Building Requirements, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed which is attached hereto as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.Exhibit F.
Appears in 1 contract
Samples: Lease Agreement (Asure Software Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no any additions, alterations, additions or improvements (the “Tenant Alterations”) to the Leased Space Premises without the prior consent of Landlord, which consent shall not be unreasonably withheldrequested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, delayed or conditioned. At (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of Landlordestimated construction costs, including fees for permits and architectural and engineering fees, (D) evidence satisfactory to Landlord of Tenant’s consentability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord shall may designate whether a list of approved contractors for any portions of the Alterations involving the Building’s structure or the Building Systems, from which Tenant shall be required to remove must select its contractors for such portions of the proposed Tenant Alteration upon termination of this LeaseAlterations (“Approved Contractors”), and the absence (F) certificates of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of evidencing the plans, specifications and permits necessary for such workinsurance required under this Article 11. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises Alterations (and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting approval of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval plans and specifications therefor) shall not be unreasonably withheld, conditioned or delayed and any changes or conditioned and modifications to the Alterations or such plans or specifications thereafter shall be deemed given unless Landlord notifies Tenant of its objections within ten require Landlord’s approval (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, delayed design sufficiency, or conditioned and compliance with all Laws. Notwithstanding the foregoing, Tenant shall be deemed approved unless Landlord notifies have the right during the Term to make cosmetic Alterations as Tenant may reasonably deem desirable or necessary (the “Cosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of objections the Premises; (ii) do not affect the Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to the proposed plans within Building or Project; (iv) do not, in the aggregate, exceed $5,000 (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) business days after delivery to Landlord prior written notice of a complete set of the plans therefor. In connection with the review of plans submitted by Tenantsuch Cosmetic Alterations, Landlord which notice shall be reimbursed accompanied by Tenant for Landlord’s cost in reviewing reasonably adequate evidence that such plans at changes meet the rate of $125.00 per hour; subject to reasonable increase to reflect foregoing criteria. Except as otherwise provided, the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord term “Alterations” shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant include Cosmetic Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Office Lease (HF Enterprises Inc.)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant Alterations contemplated by Tenant, the location, plans and specifications for which shall be subject to Landlord’s consent, not to be unreasonably withheld, delayed or conditioned, may include a generator and diesel fuel tank related thereto on the Land and connections to the Building and the equipment and systems therein and additional HVAC equipment. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications specification and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof of which is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval consent shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approvalconsent. The parties agree that it shall not be unreasonable for Landlord to require any connections to the Building of any Tenant Alterations, which may impact the Building’s HVAC, plumbing, mechanical or electrical systems, to be made by a contractor designated by Landlord, provided, however, that Landlord agrees that Tenant shall be permitted to use Penncat Corporation in connection with the installation of any generator in the Premises, and all other contractors shall charge market rates. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 100 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement (Viropharma Inc)
Tenant’s Alterations. Tenant shall not make, or suffer to be made, any alteration or addition to the Premises (a“Alterations”), or any part thereof, without obtaining Landlord’s prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) Except as hereafter provideddays prior to the start of construction. Notwithstanding the foregoing, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space be entitled without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of obtaining Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct make any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact affect the structural integrity structure of the Building or the systems serving the Building or their operationBuilding, and (ii) are cost does not visible from the Building exterior and exceed Fifty Thousand Dollars (iii$50,000.00) qualify under the following:
per alteration nor an aggregate of One Hundred Thousand Dollars (A$100,000.00) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to . If such Alterations affect the laboratory areas structure of the Leased Premises and Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans not to exceed $1,000 per alteration. Upon the cost thereof is $50,000 request of Tenant, Landlord shall, within the 15-day period, advise Tenant in writing as to whether Landlord shall require removal of an Alteration in question upon the expiration or less with respect to any Tenant Alteration project (or $100,000 or less in earlier termination of the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)Lease Term. Tenant Alterations described in this subsection (b) for which After obtaining Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoingconsent, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated proceed to remove Permitted make such Alterations until Tenant Alterations upon has obtained all required governmental approvals and permits, and in the termination event the total estimated cost of this Lease unless an Event of Default has occurred which is then continuing and the Alteration exceeds $100,000 provides Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors reasonable security, in form reasonably approved by Landlord, which approval shall not be unreasonably withheldto protect Landlord against mechanics’ lien claims. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10ii) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable half-size (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of 15” X 21”) vellum as-built plans drawings, and specifications (iii) a certificate of occupancy for all Tenant Alterations to Landlord within a reasonable time of the work upon completion of the Tenant AlterationAlterations. All Tenant Alterations shall be done constructed by a licensed general contractor in a first class, workmanlike manner and shall comply compliance with all insurance requirements then made available applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to Tenant and time. Upon the Expiration Date, all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Leaseexcept movable furniture and trade fixtures, shall be deemed abandoned by Tenant, and deemed become a part of Landlord’s propertythe realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, notwithstanding lighting, electrical systems, air conditioning, walls, carpeting, or any provision other installation which has become an integral part of Section 16 to the contraryPremises. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense.
Appears in 1 contract
Samples: Lease Agreement (Netflix Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Landlord's Approval. Tenant shall not make no any alterations, additions or improvements other physical changes in or about the Premises (“Tenant collectively, "Alterations”) "), other than Alterations such as painting, wall coverings, floor coverings, raised flooring, installation of any equipment relating to the Leased Space without the consent of Landlordvoice, which consent shall not be unreasonably withheldvideo, delayed data or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alterationsecurity, including, without limitation, requiring Tenant to furnish telephones and furniture, furniture systems or equipment (including electrical wiring into furniture systems or equipment), trade fixtures or decorative effects (such as pictures) or office equipment (collectively, "Decorative Alterations"), without Landlord's prior consent, which may be withheld in Landlord's sole discretion. Notwithstanding the foregoing, Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant unreasonably withhold its consent to Alterations which so long as such Alterations (i) do not adversely impact affect the structural integrity exterior of the Building building or the systems serving materially affect the Building Structure or their operationBuilding Systems, provided, that, Landlord may, in Landlord's sole discretion upon the Expiration Date or sooner termination of the Term, cause Tenant to restore the Premises to the condition of the Premises prior to any such Alteration, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 performed only by Landlord's designated contractors or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by LandlordLandlord to perform such Alterations, which such approval shall not to be unreasonably withheldwithheld or delayed, delayed (iii) affect only the Premises and are not visible from outside of the Premises or conditioned the Building, (iv) do not affect the Certificate of Occupancy issued for the Building or the Premises, (v) are consistent with the design, construction and shall be deemed given unless equipment of the Building, (vi) do not adversely affect or increase the cost of any service furnished by Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations or to any other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set tenant of the plans therefor. In connection Building, (vii) do not violate or adversely affect any landmark designation affecting the Building (including, without limitation, insuring conformance with the review Secretary of plans submitted Interior's Standards for Rehabilitation as interpreted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect State Historic Preservation Office and the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, National Park Service and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with and all attachments theretoNew York City landmark regulations), and no review fee shall (viii) do not violate any Requirement or cause the Premises or the Building to be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of asnon-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply compliant with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentany Requirement.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement (Thestreet Com)
Tenant’s Alterations. (a) Except as hereafter provided, The Tenant shall not make no alterationsany alteration, additions addition or improvements (“Tenant Alterations”) improvement to the Leased Space Premises, whether structural or nonstructural and including any signs or other items which may be visible from the exterior of the Premises (but not including any interior cosmetic or decorative alterations), without the consent of Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built such drawings, plans and specifications as are requested by Landlord in reviewing any such proposed improvements. Landlord agrees to respond to any request for approval within 15 days after receipt of all plans and information relevant thereto; however, Landlord shall have the right to place conditions upon the granting of its approval of any alteration or improvement, including but not limited to requirements that the work be performed only by bonded contractors or that Landlord itself perform the work with the Tenant Alterations to Landlord within a reasonable time of completion reimburse Landlord's out-of-pocket costs of the alteration or improvement. If the Landlord consents to any such proposed alteration, sign, addition or improvement, it shall be made at the Tenant's sole expense (and the Tenant Alterationshall hold the Landlord harmless from any cost incurred on account thereof), and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of the remainder of the Property by any other tenant (if any). If Landlord requires that Landlord itself perform the work, the requisite contract(s) shall be based on competitive bidding by contractors reasonably acceptable to Tenant. All Tenant Alterations shall be done in a first classsuch alterations, workmanlike manner signs and improvements shall comply in all respects with all insurance requirements then made available to Tenant any and all applicable federal, state and local laws, ordinancesordinances and regulations, rules including but not limited to the Americans With Disabilities Act and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) Ifpromulgated thereunder, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Leasewell as any applicable zoning laws and title covenants. Furthermore, Tenant shall promptly remove indemnify Landlord from all damages, losses or liability arising from such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed alterations or improvements or the construction thereof by Tenant upon the termination of this Lease, shall be deemed abandoned or by Tenant, and deemed a part of any other party other than Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Tenant’s Alterations. (a) Except Tenant shall be responsible for the interior improvements of the leased premises after occupancy by Tenant, and except for the installation and location of signs, equipment, counters, and other removable trade fixtures, and except as hereafter providedherein mentioned, Tenant shall neither make no alterations, additions or improvements (“Tenant Alterations”) any alteration nor addition to the Leased Space leased premises, nor make any agreement or contract therefore, without the consent of first obtaining Landlord’s prior written consent, which said consent shall not be unreasonably withheldwithheld or delayed, delayed and which consent may be conditioned upon the Tenant’s removal of such fixture and restoration of the leased premises to their original condition at Tenant’s sole expense at the termination of the tenancy. Tenant shall use a licensed contractor for all such work (unless excused from this requirement by Landlord in writing), which contractor must be approved in advance by Landlord in writing, with Landlord’s consent in this regard not to be unreasonably withheld or conditioneddelayed. Prior to undertaking any such alteration work, Tenant shall request in writing Landlord’s permission for such work, and such request must include a reasonably detailed written description of the scope of the desired work, plus plans and schematics if available. Tenant shall be responsible for obtaining and shall obtain all required building permits for such work, and shall provide a copy of same to Landlord. At the time conclusion of Landlord’s consentsuch work, Landlord shall designate whether have the right to inspect same, and Tenant shall provide “as-built” drawings and plans to Landlord reflecting the changes made. All alterations, additions, or improvements made by Tenant to or upon the leased premises, (except signs, equipment, counters, other removable trade fixtures, interior decorations and surveillance video equipment which shall remain the property of Tenant and are removable by them) shall at once, when made or installed, be required deemed to remove have attached to the proposed freehold as permanent fixtures and shall become Landlord’s property. Tenant Alteration upon shall not make any roof/wall holes or penetrations to the outside without written permission from the Landlord. Subsequent water damage to any part of the building caused by a roof or wall penetration (approved or not) will be the responsibility of the Tenant. At the termination of this Lease, and without notice, Tenant shall immediately remove all its personal property and removable trade fixtures. If Tenant fails to do so, Landlord may (upon notice) remove and store the absence same at Tenant’s expense. Tenant will promptly reimburse Landlord for the expense of such designation in removal and storage, upon receiving Landlord’s written consent shall be deemed statement. If Tenant fails to pay for such expense within thirty (30) days of receiving Landlord’s agreement statement therefore, Landlord may sell Tenant’s property to pay such expenses and any other amounts owing to Landlord by Tenant. It is further agreed that Tenant shall not be obligated to remove Tenant Alterations anything remaining upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible removed from the Building exterior and leased premises thirty (iii30) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon days after the termination of this Lease unless an Event shall become the property of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheldat Landlord’s option, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections subject to the proposed plans within ten (10) business days after delivery rights reserved to Landlord of a complete in this Lease hereinbefore set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentforth.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Commercial Lease Agreement
Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as hereafter providedotherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make no alterations, improvements, or physical additions or improvements of any kind to any part of the Premises (collectively, “Tenant Alterations”) to without first obtaining the Leased Space without the written consent of Landlord, which consent shall not be unreasonably withheld, delayed conditioned, or conditioneddelayed. At the time of If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s consentreceipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall designate whether be deemed to have elected to consent to the proposed Alteration, provided Tenant shall be required to remove the proposed Tenant Alteration upon termination otherwise have complied with all provisions of this LeaseLease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Tenant Agent” means any agent, employee, subtenant, assignee, contractor, subcontractor, client, family member, licensee, customer, invitee, or guest of Tenant. All Alterations shall be completed in compliance with all applicable Laws, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security rules and regulations for the payment of all costs to be incurred in connection with such work, insuranceconstruction, and copies of sustainable guidelines and procedures, using new or comparable materials only, by a contractor reasonably approved in writing by Landlord, and on days and at times reasonably approved in writing by Landlord. Notwithstanding the plansforegoing, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which any Alteration costing less than $50,000.00 in the aggregate per calendar year and that: (i) do is nonstructural; (ii) does not adversely impact the structural integrity any of the Building systems, involve electrical work, require a building permit, materially affect the air quality in the Building, or the systems serving the Building or their operation, (ii) are not visible from the Building exterior require Landlord to incur additional costs as a result thereof; and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions not visible from outside of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant AlterationsPremises.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement (Passage BIO, Inc.)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no any alterations, additions or improvements (“Tenant Alterations”) to the Leased Space Building or to the Premises, or any part thereof, or affix any object to the exterior, roof or structure of the Building, without Landlord's prior consent in each instance, and in the consent of Landlordevent Landlord so consents, which consent shall not be unreasonably withheldany alteration, delayed addition, or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant improvement shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon good quality as if the termination of this Lease. Landlord also may impose such reasonable conditions alteration, addition, or improvement was made as part of its consent the original Premises, or shall be as specified by Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing hereinLandlord's sole discretion; provided, however, shall be construed that Tenant may make minor interior changes to obligate Tenant to construct any Tenant Alteration for the Premises which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact impair the structural integrity strength of the Building or, in Landlord's sole opinion, do not reduce the value of the Building or Premises. Any alterations, additions or improvements made by Tenant shall (i) be in accordance with the systems serving the Building or their operation, specifications set forth in Exhibit B-2 and (ii) are not visible from immediately become the Building exterior property of Landlord and (iii) qualify under shall remain upon the following:
(A) The Premises or Landlord, at its election, may require Tenant Alteration is to remove same and restore the Premises to their original condition, in which event Tenant shall comply with such requirement prior to the expiration or other termination of this Lease provided, however, that Landlord agrees that the Tenant Improvements shown herein to be made to portions undertaken by Tenant at the commencement of this Lease shall remain on the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed removed by Tenant. Notwithstanding that any alterations by Tenant Alterations regardless to the Premises or Tenant's Improvements are, upon installation on the Premises, property of Landlord, Tenant shall have an insurable interest therein so that Tenant shall have the cost thereofright to insure such alterations and Tenant's Improvements against fire or other casualty. Tenant shall not be obligated cut or drill into or secure any fixtures, apparatus or equipment of any kind in or to remove Permitted Tenant Alterations upon any part of the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Premises without first obtaining Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and 's written consent. Nothing herein shall be deemed given unless to be a consent by Landlord notifies to the filing of any lien upon the Premises or the Building due to Tenant's work and Tenant of its objections shall cause to be removed within ten (10) business days after delivery notice thereof any lien, including any mechanic's lien asserted against work performed upon the Premises, and, upon the failure of Tenant to do so, Landlord may, at its option, bond, discharge or otherwise remove such lien, and hold Tenant responsible for all costs and expenses in connection therewith, including reasonable attorneys'; fees. Tenant shall indemnify, hold harmless, and at Landlord's option, defend against any injury of, loss by, claim from, or damage to, Tenant’s request for approval. With respect to , any employee of Tenant Alterations or any other than the Permitted Tenant Alterationsperson resulting from or arising out of, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant in connection of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted any alteration by Tenant, Landlord or any Tenant's Improvements to the Premises. This indemnification shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject addition to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants and not in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement limitation of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy provisions of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination Section 22 of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement (Universal Security Instruments Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall will not make no or allow to be made any alterations, additions or improvements (“Tenant "Alterations”") in or to the Leased Space Premises without the prior written consent of LandlordOwner. Alterations to the Premises shall be done by Owner or by contractors approved in writing by Owner, at Xxxxxx's sole cost and expense. If Owner approves Xxxxxx's proposed Alterations and agrees to permit Xxxxxx's contractor to do the work, Xxxxxx's contractor must first furnish to Owner insurance coverage against such risks and in such amounts as Owner may require, including but not limited to Xxxxxxx'x Compensation Insurance (as required under the Xxxxxxx'x Compensation Act of Colorado), issued by such companies as Owner may approve. All Alterations permitted by Owner must conform to all rules and regulations established from time to time by the Underwriters' Association (or comparable organization) of the local area in which consent the Land and Building are located, and conform to all requirements of all governmental entities having jurisdiction. Tenant's contractor shall not also furnish all applicable building and occupancy permits required by law. Owner shall have the right to have Xxxxxx's contractor's work inspected by architects and engineers, the cost of which shall be unreasonably withheldpaid by Xxxxxx to Owner on demand, delayed or conditionedwith interest thereon at the Reimbursement Interest Rate from the due date until paid. At any time Tenant either desires to, or is required to make repairs or Alterations in accordance with this Lease, Owner may, in addition to its other options, require Tenant at Tenant's sole cost and expense, to obtain and provide to Owner a lien and completion bond (or such other applicable bond as reasonably determined by Owner) in an amount equal to one and one-half (1.5) times the time estimated cost of Landlord’s such improvements to insure Owner against risk and liability, including but not limited to liability for mechanics and materialman's lien, and to insure the completion of the work.
(b) All Alterations (whether temporary or permanent in character and whether made with or without Owner's consent) made in or upon the Premises, Landlord shall designate whether Tenant either by Owner or Tenant, shall be required Owner's property upon installation and shall remain on the Premises without compensation to remove Tenant unless Owner shall, by written notice, elect to have the proposed Tenant Alteration alterations so made be removed upon expiration of the Term or termination of this Lease. Owner may give this notice of election to Tenant at any time during the Term of the Lease, and for a period of three (3) days after the absence expiration of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the Term or the termination of this Lease. Landlord also If Owner shall make such election that Alterations so made shall be removed, then Xxxxxx agrees to cause same to be removed and to restore the Premises to their former condition at Tenant's sole cost and expense, and should Tenant fail to remove the same and restore the Premises, then Owner may impose cause same to be removed and the Premises restored at Xxxxxx's expense, and Xxxxxx agrees to reimburse Owner on demand for the cost of such reasonable conditions as part of its consent as Landlord deems appropriateremoval and restoration, taking into consideration the nature together with any and all damages which Owner may suffer and sustain by reason of the proposed Tenant Alteration, including, without limitation, requiring failure of Tenant to furnish Landlord remove the same with security for interest thereon at the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible Reimbursement Interest Rate from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removaldue date until paid.
(c) All At the Ending Date of Term or other termination of this Lease, all furniture, movable trade fixtures and personal property of Tenant Alterations shall may be done at Tenant’s expense removed by contractors approved by LandlordTenant if Tenant so elects and no Event of Default then exists, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterationsso removed if required by Owner, no work shall be performed until the plans therefore have been approved by Landlordor if not so removed shall, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate option of $125.00 per hour; subject to reasonable increase to reflect Owner, become the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement property of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentOwner.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant All Alterations, if not removed by Tenant upon the termination of this Leaseinstallations, removals and restoration shall be deemed abandoned by Tenantaccomplished in a good and workmanlike manner so as not to damage the Premises or the Building, and deemed a part in such manner as not to disturb other tenants in their use and occupancy of Landlord’s property, notwithstanding any provision of Section 16 to the contraryBuilding.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter providedDuring the term of this Lease, Tenant shall not make no alterations, any alterations or additions or improvements (“Tenant Alterations”) to the Leased Space or the Building without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed. At All such work to be done or performed in or about the time of Landlord’s consent, Landlord shall designate whether Building by Tenant shall be required performed (i) at Tenant's sole cost and expense, (ii) in accordance with the plans and specifications prepared by and at the expense of Tenant and given to remove and, approved by Landlord, and (iii) in conformity with all applicable laws, codes and regulations. During the proposed course of performance of said work, Tenant Alteration upon termination will carry or cause to be carried Comprehensive General Liability insurance, in the minimum limit of $1,000,000.00, naming Landlord as an additional insured. For the purpose of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted "Minor Tenant Alterations.” Notwithstanding the foregoing, painting " shall mean alterations or carpeting of the interior of additions to the Leased Space and like cosmetic improvements shall the Building which are not be deemed Tenant Alterations regardless of structural in nature, do not affect Building systems, do not involve partitioning, and the cost thereoffor labor, tools, materials (other dm specialized laboratory equipment), and supplies does not exceed $10,000.00. Tenant shall not be obligated have the right to remove Permitted perform Minor Tenant Alterations upon Alterations, the termination of this Lease unless an Event of Default has occurred plans and specifications for which is then continuing and are approved by Landlord so requires such removal.
pursuant to clause (ciii) All Tenant Alterations shall be done at Tenant’s expense above, by contractors or Tenant's employees approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built drawings of such Minor Tenant Alterations, and shall reimburse Landlord for the cost of review of the plans and specifications for all and inspection of the Minor Tenant Alterations at a rate not to exceed $60 per hour for personnel employed by Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expenseor its affiliates. With respect to any Tenant Alterations which Tenant is not obligated alterations or additions to remove hereunder (including without limitation Permitted Tenant Alterations), such the Leased Space other than Minor Tenant Alterations, if not removed by Tenant upon the termination of this Lease, such work shall be deemed abandoned performed at Tenant's cost by TenantLandlord. Landlord shall provide Tenant with a fixed price bid to perform such work, and deemed a part if Tenant is dissatisfied with such bid, Landlord shall provide an alternative bid on the basis of Landlord’s property, notwithstanding any provision the cost of Section 16 to the contrarywork plus ten (10%) percent.
Appears in 1 contract
Samples: Lease Agreement (3 Dimensional Pharmaceuticals Inc)
Tenant’s Alterations. 11.1 The Tenant may, at any time, and from time to time, at its expense, paint or decorate the Premises and appurtenances, and make such changes, alterations, additions and improvements as will in the judgment of the Tenant better adapt the Premises for the purpose of its business provided that:
(a) Except as hereafter providedno water connections and no structural changes, Tenant shall make no alterations, additions or improvements shall be made without the written consent of the Landlord;
(“b) all changes, alterations, additions and improvements shall comply with all Laws;
(c) the Tenant Alterations”) shall pay to the Leased Space without the consent of Landlord, which consent upon demand, the amount of any increase in Realty Taxes or the cost of the insurance maintained by the Landlord over the Building, to the extent that such increases, are attributable to an action by the Tenant under this paragraph;
(d) nothing herein shall not be unreasonably withheldentitle the Tenant to make any changes to, delayed or conditioned. At installations upon, the time roof of Landlord’s consent, the Building; The Landlord shall designate whether be entitled, at any time and without notice to the Tenant, to remove or to rectify, at the expense of the Tenant, any item which was not erected in compliance with this section.
11.2 Leasehold Improvements and fixtures (including, without limitation, trade fixtures which are ''Tenant Property" within the meaning of this Lease) shall become the property of the Landlord upon installation without any compensation being payable by the Landlord to the Tenant therefor. Notwithstanding the foregoing:
(a) Provided that it is not in default upon the expiration or sooner termination of the Term, the Tenant shall be entitled to remove its trade fixtures which are Tenant Property, provided that it repairs any damage to the Premises or the Building which may be caused by installation or removal of same and restores the premises and the Building to the condition existing prior to their annexation and leaves the Premises in a neat and tidy condition, all of which the Tenant hereby covenants to do. Where Tenant Property which is a fixture is being removed at the request of the Tenant, the Landlord may require that the Tenant post security for the performance of its restoration obligations in this Section; and
(b) Prior to the expiration or sooner termination of the Term the Tenant shall remove all Leasehold Improvements as are designated by the Landlord (provided that, in no event shall the Tenant be required to remove any leasehold Improvements which form part of the proposed Tenant Alteration upon Base Standard) and, if so requested by the Landlord, restore the premises to the Base Standard not later than the expiration or sooner termination of the Term. For greater certainty the Tenant hereby irrevocably acknowledges and agrees that its obligations contained herein shall continue past the end of the current Term contemplated by this Lease and the Base Standard for this Lease shall remain the Base Standard during any extension of the Term or during any subsequent occupation of all or part of the Premises by the Tenant, whether effected pursuant to: (a) a right to extend contained in this Lease; (b) by subsequent agreement, or (c) a new Lease entered into subsequent to this lease by the Landlord and the Tenant (or a successor of the Tenant) respecting all or part of the Premises; in any of the foregoing scenarios it shall remain the Tenant's obligations to restore the Premises to the Base Standard specified in this Lease unless there is explicit language in the subsequent agreement or Lease to the contrary which language makes explicit reference to this Section 11.2.
11.3 The Tenant shall surrender to the Landlord at the end of the Term (whether the Term ends by expiry or other termination) the Premises and all Leasehold Improvements not permitted and not required to be removed, all in good and substantial repair and condition (subject to reasonable wear and tear) in accordance with this Lease, it being agreed by the parties hereto that under no circumstances may the Tenant's obligations hereunder be diminished by reason of the fact that any inability of the Tenant to return the Premises as required by this Lease is a result of wear and tear incidental to the absence Tenant's particular use of such designation the Premises whether or not same is an approved use pursuant to this Lease. The Tenant shall, prior to the end of the Term, at its cost, remove from the Premises any Hazardous Substances which are or have been located, stored or incorporated in Landlord’s written consent or on any part of the premises by the Tenant and leave the premises in a broomswept condition. This provision shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon survive the expiration or earlier termination of this Lease. Landlord also may impose such reasonable conditions In the event that the Tenant fails to surrender the Premises as part of its consent as Landlord deems appropriaterequired by this Section, taking into consideration the nature then all costs and expenses of the proposed Tenant AlterationLandlord in rectifying such default, including, without limitation, requiring lost Rent during any period of rectification, administrative fees and interest on amounts in default provided for in this Lease shall be payable without deduction, abatement, set-off or discount for betterment.
11.4 The Tenant to furnish Landlord with security for the payment of all costs shall not paint, fix, display, or cause to be incurred in connection with such workpainted, insurancefixed or displayed, and copies any sign, picture, advertisement, notice, lettering or decoration on any part of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity exterior of the Building or the systems serving Common Areas, without in each case, obtaining the prior written approval of the Landlord. All signs erected by the Tenant with the Landlord's approval shall comply with the uniform standards of the Landlord for the Building in respect of size, lettering and location. Any signs or their operation, (ii) are not visible from advertising material erected by the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations removed by it upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All the Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections pay to the proposed plans within ten (10) business days after delivery Landlord the costs required to Landlord repair any damage caused by the erection or removal of a complete set of such materials. Notwithstanding the plans therefor. In connection with foregoing, the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant entitled to establish a uniform sign policy for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generallybuilding which requires that the Landlord, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Leaseits option, shall be deemed abandoned entitled to erect all signs and other advertising material in or on the Building, and in the event that such a policy is put into effect by the Landlord, the Tenant agrees to pay the cost of purchasing and installing all signs erected by the Landlord on behalf of the Tenant, and deemed a part of which sums shall be payable upon invoice by the Landlord’s property, notwithstanding any provision of Section 16 . All signs erected by the Tenant from time to the contrarytime shall be erected in strict conformance with all Laws.
Appears in 1 contract
Tenant’s Alterations. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, improvements, additions or other physical changes in or about the Premises (specifically including the installation of wiring, cabling or conduit of any type or kind whatsoever), other than routine decorating or hanging of artwork, (referred to collectively as "Alterations") without Landlord's prior consent. Within thirty (30) days after Landlord receives Tenant's request for approval of an Alteration, together with the plans and the identity of the contractors to perform the Alterations, Landlord shall give Tenant a notice of its approval or disapproval of Tenant's request. Notwithstanding the foregoing provisions of this Section or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: (i) except as otherwise provided in Section 13.1, all alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may reasonably designate; (ii) Alterations shall be made only by contractors or mechanics reasonably approved by Landlord; (iii) no Alterations shall materially and adversely affect any part of the Building or materially and adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (iv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements submit to Landlord reasonably detailed plans and specifications for each proposed Alteration and (“Tenant Alterations”b) to the Leased Space not commence any such Alteration without the consent first obtaining Landlord's approval of Landlordsuch plans and specifications, which consent shall approval will not be unreasonably withheld, delayed conditioned or conditioned. At the time of delayed; (vii) notwithstanding Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s 's approval of such application be required. Tenant shall provide copies of as-built plans and specifications for any Alterations, all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done made and performed in a first class, workmanlike manner and shall comply full compliance with all insurance requirements then made available Legal Requirements and in accordance with the Rules and Regulations; (viii) all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be of reasonably good quality and the Alterations shall be performed in good and workmanlike manner; and (ix) Tenant shall require any contractor performing Alterations to carry and maintain at all applicable lawstimes during the performance of the work, ordinancesat no expense to Landlord, rules (A) a policy of comprehensive public liability insurance, including contractor's liability coverage, contractual liability coverage, completed operations coverage, contractor's protective liability coverage and regulations a broad form property damage endorsement, naming Landlord and (at Landlord's request) any Mortgagee of governmental authorities having jurisdiction thereover, and, where applicablethe Building and any management agent as additional insured(s), with all reasonable requirements such policy to afford protection to the limit of Landlord imposed as a condition of such consent.
not less than Two Million and 00/100 Dollars (d$2,000,000.00) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With with respect to bodily injury or death to any Tenant Alterations which Tenant is number of persons in any one accident and to the limit of not obligated less than One Million and 00/100 Dollars ($1,000,000.00) to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon damage to the termination property of this Lease, shall be deemed abandoned by Tenantany one owner from one occurrence, and deemed a part (B) workmen's compensation or similar insurance in the form and amounts required by the laws of Landlord’s property, notwithstanding any provision the Commonwealth of Section 16 to the contraryVirginia.
Appears in 1 contract
Samples: Deed of Lease (Proxicom Inc)
Tenant’s Alterations. (a) Except as hereafter providedotherwise provided in the Workletter with respect to the completion of Tenant Work undertaken by Tenant pursuant to the Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall make no alterationsnot, additions or improvements (“Tenant Alterations”) to the Leased Space except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed, delayed make or conditionedcause to be made any Tenant Alterations in or to the Premises or any Building systems serving the Premises. At the Prior to making any Tenant Alterations, Tenant shall give Landlord five (5) business days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent, Landlord shall designate whether . Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment names and addresses of all costs to be incurred in connection with such work, insurance, contractors and subcontractors and copies of the plans, specifications and permits necessary for such workall contracts. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done completed at Tenant’s expense such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics chosen by Tenant and approved by Landlord, which approval shall not be unreasonably withheldwithheld or delayed, delayed and whose work will not cause or conditioned threaten to cause disharmony or interference with Landlord or other tenants in the Building and shall be deemed given unless their respective agents and contractors performing work in or about the Building. Landlord notifies may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of its objections within ten (10) business days after any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s request ability to complete and pay for approvalthe completion of Tenant Alterations which in aggregate cost more than $250,000, such as a performance bond or letter of credit. With Landlord may also condition its consent on the agreement of Tenant to remove such Tenant Alterations upon the expiration or termination of this Lease with respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set affected portion of the plans thereforPremises. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement Upon completion of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide deliver to Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Building occasioned thereby. In connection with completion of any Tenant Alterations, Tenant shall pay Landlord all elevator and hoisting charges at Landlord’s then standard rates. In addition, Tenant shall reimburse Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first classtwenty (20) days after each request therefor, workmanlike manner and shall comply with for all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair out-of-pocket expenses incurred in connection with any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, including without limitation, fees of architects and engineers and the cost of additional security personnel, if not removed any. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the termination performance of this Leasesuch work.
(b) All Tenant Additions whether installed by Landlord or Tenant, shall be deemed abandoned by without compensation or credit to Tenant, and deemed a become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s property, notwithstanding any provision of Section 16 to the contraryrequest.
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Tenant’s Alterations. (a) Except Tenant shall have the right during the term of this Lease after completion of the initial construction of Improvements to make changes and alterations to the Improvements and to construct and maintain on the Premises such additional improvements, fixtures and facilities as hereafter providedTenant in its reasonable business judgment deems desirable for the operation of the Premises in accordance with this Lease, and to remove the same or any part thereof; provided that upon such removal, the same shall be replaced by Tenant with similar improvements, fixtures or facilities of at least equal utility, value and quality, excepting fixtures or facilities removed because of obsolescence. Prior to any such changes, alterations or additions, Tenant shall make no alterationsfirst obtain all required Permits and, if any such change, alteration, addition or removal is either: i) is structural in nature; ii) involves any modification in the appearance of the exterior of the premises; or iii) the estimated cost of any non-structural or interior change, alteration, addition or removal is Fifty Thousand Dollars ($50,000) or more, the written approval of Landlord shall be obtained. All exterior modifications and additions shall be architecturally harmonious with the Shopping Center buildings and, as to any addition to Tenant's main restaurant building, the existing building. All additions and improvements shall be at the approximate height of and construction of materials consistent with the Improvements as initially constructed. No exterior modification or improvements (“Tenant Alterations”) addition which will affect the visibility of or access to the Leased Space without the consent Shopping Center will be allowed. Landlord's approval of LandlordTenant's plans and specifications for any such changes, which consent alterations or additions shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that to have reasonably withheld consent to any addition, modification or improvement requested by Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such for any reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alterationjustification, including, without limitation, requiring any of the following: (a) if the proposed improvements are inconsistent with any of the requirements Landlord's design criteria in effect on the date of the improvement; (b) if the proposed addition or modification will result in the breach of the terms and conditions of any lease, reciprocal easement or operating agreement, mortgage, or other agreement to which Landlord is a party; (c) if Landlord is not able to obtain the consent of any party to any lease, reciprocal easement or operating agreement, mortgage, or other agreement required before the proposed addition can be constructed; (d) if the proposed construction will result in the violation of any covenant, term or condition of this agreement including all then existing parking requirements; (e) failure of Tenant to furnish Landlord with security provide adequate evidence of financing for the improvements; (f) if Tenant fails to provide adequate financial security, including a payment bond, if requested, assuring payment of all costs to be incurred in connection with such work, insurance, contractors and copies suppliers supplying labor or materials for the improvement; (g) if at the time of the plansrequest, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct is in violation of any Tenant Alteration for which Landlord has given its consent.
term or condition of this Agreement; or (bh) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (exterior addition or $20,000 modification to the Premises if, in Landlord's judgment, the proposed modification or less addition will either: i) impair the visibility of other Shopping Center buildings, signs, or properties adjacent to the Premises; ii) impede access in and around the Shopping Center or to properties adjacent to the Premises; iii) conflict with planned additions to the Shopping Center; iv) not be architecturally harmonious with and of the same quality as other buildings in the aggregate Shopping Center. All such changes, alterations, additions and removals permitted hereunder and/or approved by Landlord shall be performed by Tenant at Tenant's sole cost and expense and in compliance with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)all Governmental Requirements. Tenant Alterations described Nothing contained in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements Article shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies relieve Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete obligations elsewhere set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost forth in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
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Tenant’s Alterations. (a) Except as hereafter providedTenant will not cut or drill into or secure any fixture, Tenant shall apparatus or equipment or make no alterations, improvements or physical additions or improvements (collectively, “Tenant Alterations”) of any kind to any part of the Leased Space Premises without first obtaining the written consent of Landlord, which such consent shall not to be unreasonably withheld. Alterations shall, delayed or conditioned. At the time of at Landlord’s consentoption, be done by Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, at Tenant’s sole cost and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Leaseexpense. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) the installation of any office equipment or fixtures including internal partitions which do not adversely impact the require disturbance of any structural integrity of elements or systems (other than attachment thereto) within the Building or the systems serving the Building or their operation, (ii) are minor work, including decorations, which does not visible from require disturbance of any structural elements or systems (other than attachment thereto) within the Building exterior and which costs in the aggregate less than $50,000. If no approval is required or if Landlord approves Tenant’s Alterations and agrees to permit Tenant’s contractors to do the work, Tenant, prior to the commencement of labor or supply of any materials, must furnish to Landlord (i) a duplicate or original policy or certificates of insurance evidencing (a) general public liability insurance for personal injury and property damage in the minimum amount of $1,000,000.00 combined single limit, (b) statutory wxxxxxx’x compensation insurance, and (c) employer’s liability insurance from each contractor to be employed (all such policies shall be non-cancelable without thirty (30) days prior written notice to Landlord and shall be in amounts and with companies satisfactory to Landlord); (ii) construction documents prepared and sealed by a registered New Jersey architect if such alteration causes the aggregate of all Alterations to be in excess of $50,000; (iii) qualify under the following:
all applicable building permits required by law; and (Aiv) The Tenant Alteration is to be made to portions an executed, effective Waiver of the Leased Premises other than the laboratory areas Mechanics Liens from such contractors and all sub-contractors in states allowing for such waivers or the cost thereof is $10,000 or less of such alteration must be bonded by Tenant. In connection with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant all Alterations described in this subsection (b) for which involving Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoingapproval, painting or carpeting of the interior of the Leased Space and like cosmetic improvements Landlord shall not be deemed Tenant Alterations regardless entitled to collect a construction management fee equal to 3% of the cost thereofof the Alteration in connection with Landlord’s services in supervising and review of such Alternations. Any approval by Landlord permitting Tenant to do any or cause any work to be done in or about the Premises shall be and hereby is conditioned upon Tenant’s work being performed by workmen and mechanics working in harmony and not interfering with labor employed by Landlord, Landlord’s mechanics or their contractors or by any other tenant or their contractors. If at any time any of the workmen or mechanics performing any of Tenant’s work shall be unable to work in harmony or shall interfere with any labor employed by Landlord, other tenants or their respective mechanics and contractors, then the permission granted by Landlord to Tenant permitting Tenant to do or cause any work to be done in or about the Premises, may be withdrawn by Landlord upon forty-eight (48) hours written notice to Tenant. All Alterations (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property upon installation and shall remain on the Premises without compensation to Tenant unless Landlord provides written notice to Tenant to remove same at the expiration of the Lease, in which event Tenant shall not promptly remove such Alterations and restore the Premises to good order and condition. All furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) installed by Landlord at Tenant’s request, Tenant, its assignees and sublessees shall be obligated to remove Permitted removed by Tenant Alterations upon at the termination of this Lease unless an Event of Default has occurred which is then continuing Lease. All such installations, removals and Landlord so requires such removal.
(c) All Tenant Alterations restoration shall be done at Tenant’s expense by contractors approved by Landlordaccomplished in a good and workmanlike manner so as not to damage the Premises or Building and in such manner so as not to disturb other tenants in the Building. If Tenant fails to remove any items required to be removed pursuant to this Article, which approval shall not be unreasonably withheld, delayed or conditioned Landlord may do so and the reasonable costs and expenses thereof shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned Additional Rent hereunder and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy within fifteen (15) business days of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall receipt of an invoice therefor from Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
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Samples: Triple Net Lease (Qad Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Construction by Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of LandlordTenant’s consent, Landlord shall designate whether Tenant Alterations shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under governed by the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. 5.2.1 Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at construct any Tenant’s expense by contractors approved by Alterations or otherwise alter the Premises without Landlord’s prior written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned delayed, except that provided Tenant complies with each and every other term and condition applicable to Alterations, no approval by Landlord shall be deemed required for any Tenant’s Alterations in an amount not to exceed Twenty Five Thousand Dollars ($25,000.00) per Alteration and Seventy Five Thousand Dollars ($75,000.00) in the aggregate per calendar year, that are cosmetic or do not affect the structural integrity of the Building or any base-building system that is Landlord’s responsibility under this Lease to maintain, repair or replace. Except for any Tenant’s Alterations permitted under the preceding sentence without Landlord’s consent, Tenant shall not construct the Tenant’s Alterations until Landlord has approved in writing the plans and specifications therefor, and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord (who shall not unreasonably withhold, condition or delay its approval of any such contractor). All Tenant’s Alterations constructed by Tenant shall be constructed by a reputable licensed contractor in accordance with all Laws using materials of good quality.
5.2.2 Tenant shall not commence construction of any Tenant’s Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given unless Landlord notifies Tenant of its objections within at least ten (10) business days after delivery days’ prior written notice of Tenant’s request for approval. With respect its intention to commence such construction, and (iv) Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned has obtained contingent liability and shall be deemed approved unless broad form builders’ risk insurance in an amount reasonably satisfactory to Landlord notifies Tenant of objections if there are any perils relating to the proposed plans within ten (10) business days after delivery construction not covered by insurance carried pursuant to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentArticle 9.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter Tenant shall not make or permit any improvements, installations, alterations or additions ("Alterations") in or to the Premises, the Building or the Project; provided, however, Tenant shall make no alterationsmay, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of with Landlord's advance written consent, which consent shall not be unreasonably withheld, delayed make Alterations to the Premises that do not involve or conditionedaffect either structural portions of the Premises or the Building or any of the Building's HVAC, mechanical, electrical, plumbing or other systems or equipment (the "Building Systems"). At the time expiration of Landlord’s consentthe Term, Landlord shall designate whether Tenant shall be required to remove may require the proposed Tenant Alteration upon termination removal of this Lease, any or all of said Alterations and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature restoration of the proposed Tenant AlterationPremises and the Project to their prior condition, including, without limitation, requiring Tenant to furnish Landlord at Tenant's expense in accordance with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentSection 8.05.
(b) Landlord’s consent All Alterations permitted by Landlord and made by or on behalf of Tenant shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the performed: (a) at Tenant's cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less and expense and at such time and in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection such manner as Landlord may reasonably designate, (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors or mechanics approved by Landlord, which approval who shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord carry liability insurance of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, type and in such amounts as Landlord shall be reimbursed by reasonably require, naming Landlord and Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generallyas additional insureds, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done c) in a first classgood and workmanlike manner, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) Ifso that same shall be at least equal in quality, as a condition value, and utility to the original work or installation, (e) in accordance with the Rules and Regulations for the Building adopted by Landlord from time to time and in accordance with all applicable Laws, and (f) pursuant to plans, drawings and specifications ("Tenant's Plans") which have been reviewed and approved by Landlord prior to the commencement of Landlord’s consentthe repairs or replacements and approved by, removal of a Tenant Alteration is required at termination and filed with, all applicable governmental authorities, and subject to all other terms and conditions of this Lease, including, but not limited to, Section 7.05 (collectively the "Construction Standards"). All Alterations made by Tenant shall promptly remove become, upon installation, the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Lease term, unless Landlord requires their removal pursuant to Section 8.03(a). Landlord agrees not to unreasonably withhold any approvals requested under this Section 8.03(b). Landlord agrees to review all Tenant's Plans and provide written notice of its approval within 10 business days of receipt, or such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall Plans will be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryapproved.
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Tenant’s Alterations. (a) Except Tenant shall have the right, at its sole expense, from time to time, to redecorate the Premises and to make such alterations, additions, improvements and changes in such parts thereof as hereafter Tenant shall deem expedient or necessary for its purposes, subject to Landlord's prior approval; provided, Tenant shall make no however, that such alterations, additions or additions, improvements (“Tenant Alterations”) to and changes when completed shall neither impair the Leased Space without structural soundness nor diminish the consent value of Landlord, which consent shall not be unreasonably withheld, delayed or conditionedthe Premises. At Upon the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination expiration of this Lease, Tenant may, at its option, remove all such redecorations, alterations, additions, improvements and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that changes. Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Leaserepair all damage caused by such removal. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting all floor and wall coverings, sinks, vanities, light fixtures (other than special decorative lighting fixtures), and the complete electrical, plumbing, air conditioning and heating systems, including ducts, diffusers, grills, controls and all other equipment and parts related to such systems, shall be and remain in the Premises at all times for the benefit of Landlord. All such alterations, additions, or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed done in accordance with all applicable laws, rules regulations, and orders, including applicable building codes. Landlord shall execute and deliver upon request of Tenant Alterations regardless such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi public authority for the cost thereofpurpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to or upon said Premises and Tenant agrees to pay for such licenses or permits. Tenant will indemnify and hold Landlord harmless from and against all claims by reason of such alterations, additions, or improvements which may be made by Tenant on the Premises, and Tenant shall promptly repair any damage to the Premises caused by any such alterations, additions, improvements, or changes. Anything contained in this Section to the contrary notwithstanding, Tenant shall not be obligated make changes to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by exterior or structural portions for the Premises without Landlord's prior approval, which approval shall not be unreasonably withheld, withheld or delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentunreasonably.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
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Samples: Lease Agreement (Oragenics Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Construction by Tenant of Tenant’s Alterations shall be governed by the following:
A. Tenant shall make no alterations, additions not construct any Tenant’s Alterations or improvements (“Tenant Alterations”) to otherwise alter the Leased Space Premises without the consent of Landlord’s prior written approval, which consent approval shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required entitled, without Landlord’s prior approval, to remove make Tenant’s Alterations (i) which do not affect the proposed Tenant Alteration upon termination structural or exterior parts or water tight character of this Leasethe Building, and (ii) the absence reasonably estimated cost of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon which, plus the termination original cost of this Lease. Landlord also may impose such reasonable conditions as any part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred Premises removed or materially altered in connection with such workTenant’s Alterations, insurance, and copies together do not exceed the Permitted Tenant Alterations Limit specified in Section O of the plans, specifications and permits necessary for such workSummary per work of improvement. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) In the event Landlord’s consent shall not be required approval for Tenant any Tenant’s Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operationis required, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon construct the termination of this Lease unless an Event of Default Leasehold Improvement until Landlord has occurred which is then continuing approved in writing the plans and Landlord so requires specifications therefore, and such removal.
(c) All Tenant Tenant’s Alterations shall be done at Tenant’s expense constructed substantially in compliance with such approved plans and specifications by contractors a licensed contractor first approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and conditioned. All Tenant’s Alterations constructed by Tenant shall be deemed constructed by a licensed contractor in accordance with all Laws using new materials of good quality.
B. Tenant shall not commence construction of any Tenant’s Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given unless Landlord notifies Tenant at least five (5) days’ prior written notice of its objections within ten intention to commence such construction, and (10iv) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved if reasonably requested by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned Tenant has obtained contingent liability and shall be deemed approved unless broad form builders’ risk insurance in an amount reasonably satisfactory to Landlord notifies Tenant of objections if there are any perils relating to the proposed plans within ten (10) business days after delivery construction not covered by insurance carried pursuant to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentArticle 9.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
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Tenant’s Alterations. (a) Except as hereafter provided, Construction by Tenant of Tenant’s Alterations shall be governed by the following:
A. Tenant shall make no alterations, additions not construct any Tenant’s Alterations or improvements (“Tenant Alterations”) to otherwise alter the Leased Space Premises without the consent of Landlord, ’s prior written approval which consent approval shall not be unreasonably withheldwithheld conditioned or delayed. Tenant shall be entitled, delayed without Landlord’s prior approval, to make Tenant’s Alterations (i) which do not affect the structural or conditionedexterior parts or water tight character of the Building, and (ii) the reasonably estimated cost of which, plus the original cost of any part of the Premises removed or materially altered in connection with such Tenant’s Alterations, together do not exceed the Permitted Tenant Alterations Limit specified in Section O of the Summary per work of improvement. In the event Landlord’s approval for any Tenant’s Alterations is required, Tenant shall not construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications therefore, and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant’s Alterations constructed by Tenant shall be constructed by a licensed contractor in accordance with all Laws using new materials of good quality.
B. Tenant shall not commence construction of any Tenant’s Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five days’ prior written notice of its intention to commence such construction, and (iv) if reasonably requested by Landlord, Tenant has obtained contingent liability and broad form builders’ risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9.
C. All Tenant’s Alterations and all Tenant Improvements installed at Tenant’s expense and not paid for by Landlord through the Tenant Improvement Allowance shall remain the property of Tenant during the Lease Term and may be removed from the Premises prior to the expiration or earlier termination of the Lease Term by the Tenant if the Tenant paid the initial cost thereof and provided that the Tenant fully restores the area of such Tenant’s Alterations to its pre-installation condition immediately on removal. At the time expiration or sooner termination of the Lease Term, all Tenant’s Alterations and/or Tenant Improvements which remain and have not been removed per the above provisions shall be surrendered to Landlord as part of the realty and shall then become Landlord’s consentproperty, and Landlord shall designate whether have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that (i) notwithstanding anything to the contrary in this Lease, in no event shall Tenant be required to remove the proposed Tenant Alteration upon Improvements from the Premises, and (ii) if Landlord requires Tenant to remove any other Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of this Leasethe Lease Term. Notwithstanding the foregoing, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant any Tenant’s Alterations upon with respect to which the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which following is true: (i) do not adversely impact Tenant was required, or elected, to obtain the structural integrity approval of Landlord to the installation of the Building or the systems serving the Building or their operation, Leasehold Improvement in question; (ii) are at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not visible from Landlord would require Tenant to remove such Leasehold Improvement at the Building exterior expiration of the Lease Term; and (iii) qualify under at the following:
(A) The time Landlord granted its approval, it did not inform Tenant Alteration is that it would require Tenant to be made to portions remove such Leasehold Improvement at the expiration of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant AlterationsLease Term.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
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Tenant’s Alterations. (a) Except as hereafter providedTenant may, Tenant shall from time to time, make no additions, alterations, additions or improvements modifications, replacements and changes to the Improvements and other portions of the Premises (collectively, “Tenant Alterations”) ), subject to the Leased Space without the consent of Landlord’s approval, which consent (A) shall not be unreasonably withheld, conditioned, or delayed in the case of any Alteration that is not Sole Discretion Alteration; and (B) may, in the case of any Sole Discretion Alteration, be granted or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation withheld in Landlord’s written consent shall be deemed sole and absolute discretion; provided that Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent approval shall not be required for Tenant any Alterations which so long as such Alterations (a) do not affect the structural elements of any portion of the roof, foundation, floor slab or load-bearing or exterior walls of any Building, (b) do not require a building permit, (c) do not include demolition of any Building, and (d) when completed do not result in a diminution of the market value of the Premises or the utility or functionality of any Building. As used herein, the term “Sole Discretion Alterations” means (i) do not any Alteration that materially and adversely impact affects the structural integrity elements of any portion of the Building roof, foundation, floor slab or the systems serving the Building or their operationload bearing walls of any Building, (ii) are not visible from the includes demolition of any Building exterior and or (iii) qualify when completed would result in a diminution of the market value of the Premises or the utility or functionality of any Building; provided, that Alterations required by any automobile manufacturer with whom Tenant has a franchise agreement to operate at the Premises shall not be considered Sole Discretion Alterations. For purposes hereof, the term “Alterations” shall not be deemed to include the installation, relocation, reconfiguration or replacement of any movable trade equipment notwithstanding that the same may be anchored to a Building. Tenant shall not do, or permit others under its control to do, any work on the following:
(A) The Premises related to Alterations unless Tenant Alteration is shall have first procured and paid, or caused to be made to portions procured and paid, all requisite municipal and other governmental permits and authorizations. All Alterations shall comply with all requirements of all insurers that, at the Leased Premises other than time in question, are insuring the laboratory areas Improvements under property damage insurance policies (collectively, “Insurance Requirements”) and with Laws and shall be constructed in a good and workmanlike manner using good grades of materials. If by the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described provisions above in this subsection (b) for which paragraph Landlord’s consent is required for an Alteration, Tenant shall submit the proposed plans and specifications therefor to Landlord for review prior to commencement of such Alteration. Landlord shall have ten (10) Business Days in which to review and approve the same. If Landlord fails to provide its approval or disapproval of any submitted plans and specifications within said ten (10) Business Day period and such failure is not required hereinafter are called cured within five (5) Business Days after a second written request from Tenant (conspicuously marked “Permitted Tenant Alterations.” Notwithstanding SECOND NOTICE – FAILURE TO RESPOND WITHIN 5 BUSINESS DAYS SHALL RESULT IN DEEMED APPROVAL”), then the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements same shall not be deemed approved by Landlord. Landlord’s right to review plans and specifications shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with Laws or Insurance Requirements. Landlord may post or give notices of non-responsibility in compliance with applicable law. Tenant shall deliver to Landlord a diskette on which Tenant has recorded in the most recent version of AutoCAD or compatible format (or such other format then in common use by commercial architects) the “as-built” drawings for all Alterations regardless (which, in any single instance, cost $50,000.00 or more, and actually affect the structural elements or mechanical, electrical and plumbing facilities) that Tenant made subsequent to its previous submission of drawings to Landlord in accordance with the cost thereofterms hereof. Other than Alterations made by Tenant requiring Landlord’s approval and that with respect to which Tenant failed to obtain Landlord’s approval, Tenant shall not be obligated required to remove Permitted Tenant Alterations upon any of the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed Improvements or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approvalany Alterations. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections Subject to the proposed plans within ten (10) business days after delivery to Landlord of a complete set foregoing, and except as otherwise provided herein, at the expiration of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant AlterationsTerm, Tenant shall provide deliver the Premises to Landlord with a copy of Tenant’s application for a building permit thereforin good condition and repair, if applicable subject to ordinary wear and tear, subject to the following: (together with all attachments thereto)a) ordinary wear and tear, and no review fee shall be charged to Tenant (b) casualty and Condemnation damage that, by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination other provisions of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon repair. Upon the termination of this Lease, such Improvements (including all Alterations but excluding the Removable Property and Equipment) that are not already the property of Landlord shall be deemed abandoned by Tenant, and deemed a part become the property of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Asset Purchase Agreement (Asbury Automotive Group Inc)
Tenant’s Alterations. (a) Except as hereafter provided, The Tenant shall not place any thing on, nor make no alterationsany opening in, additions the roof or improvements (“Tenant Alterations”) to walls of the Leased Space Building, without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon On the termination of this Lease. Landlord also may impose lease, or at such reasonable conditions time as part the Tenant vacates the Premises, the Tenant shall repair any damage caused to the Building as a result of its consent as Landlord deems appropriatehaving placed any thing on, taking into consideration or having made openings in, the nature roof, and shall restore the roof and walls to the their condition at the Commencement Date, all to the satisfaction of the proposed Tenant AlterationLandlord, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentacting reasonably.
(b) Landlord’s consent The Tenant shall not have the right, at is sole cost, to erect such corporate signage on the Lands or Building as it may require to identify its business. All signs shall be required for Tenant Alterations which (i) do not adversely impact in conformity with applicable laws and by-laws, and shall be subject to the structural integrity prior written approval of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld. Prior to the expiration of the Term, delayed the Tenant shall, at its cost, remove all such signage on the Lands and Building and any damage caused to the Building or conditioned and Lands as a result of erecting or removing signs shall be deemed given repaired by the Tenant, at its sole cost, to the reasonable satisfaction of the Landlord, prior to the expiration of the Term.
(c) The Tenant shall make no Alterations to the Building or on the Lands unless it has first delivered to the Landlord notifies Tenant plans showing such proposed alterations or additions in reasonable detail, and obtained the written consent of the Landlord to such plans and any Alterations. The Landlord shall not unreasonably withhold or delay such consent, but may give consent on such conditions as the Landlord considers proper in the circumstances. All work performed shall be performed at the Tenant's sole cost, in a good and workmanlike manner, free from defects and using new first class materials, and construction shall be subject to supervision by the Landlord. It shall not be considered unreasonable for the Landlord to withhold its objections within ten (10) business days after delivery consent to any Alterations if they in any way involve the structural elements of Tenant’s request for approvalthe Building or the Premises. With respect to Tenant Alterations other than the Permitted Tenant AlterationsIn addition, no all work shall be performed until completed to the plans therefore have been approved by satisfaction of the Landlord, which approval shall not be unreasonably withheldacting reasonably. The Tenant shall, delayed or conditioned at its cost, obtain all required permits and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules by-laws and regulations of all governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentjurisdiction.
(d) If, The Tenant shall indemnify the Landlord from all actions and liabilities for which the Landlord may become liable as a condition result of Landlord’s consent, removal any breach by the Tenant of a Tenant Alteration is required at termination covenant of this Leaselease, or as a result of any personal injury, property damage or death occurring because of the wilful act or omission or negligence of the Tenant or those for whom it is in law responsible. This indemnification shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon survive the termination of this LeaseLease insofar as any such breach, personal injury, property damage or death occurring during the Term. The Landlord shall indemnify the Tenant from all actions and liabilities for which the Tenant may become liable as a result of any breach by the Landlord of a covenant of this lease, or as a result of any personal injury, property damage or death occurring because of the wilful act or omission or negligence of the Landlord or those for whom it is in law responsible. This indemnification shall survive the termination of this Lease insofar as any such breach, personal injury, property damage or death occurring during the Term.
(e) Except in the case of injury, death or property damage caused by any breach by the Landlord of a covenant in this lease, or by the wilful act or omission or negligence of the Landlord or those for whom it is in law responsible, the Landlord shall not be deemed abandoned liable for any personal injury, death or property damage sustained by the Tenant, or its employees, agents, sublessees, licensees, or those doing business with it in or on the Premises, no matter how caused; and deemed the Tenant shall indemnify the Landlord against all actions or liabilities arising out of such personal injury, death or property damage or loss. The Tenant releases the Landlord and its officers, agents and employees from all claims for damages or other expenses arising out of such personal injury, death or property loss or damage, except as aforesaid. Except in the case of injury, death or property damage caused by any breach by the Tenant of a part covenant in this lease, or by the wilful act or omission or negligence of the Tenant or those for whom it is in law responsible, the Tenant shall not be liable for any personal injury, death or property damage sustained by the Landlord’s property, notwithstanding or its employees, agents, sublessees, licensees, or those doing business with it in or on the Premises, no matter how caused; and the Landlord shall indemnify the Tenant against all actions or liabilities arising out of such personal injury, death or property damage or loss. The Landlord releases the Tenant and its officers, agents and employees from all claims for damages or other expenses arising out of such personal injury, death or property loss or damage, except as aforesaid.
(f) The Tenant shall pay the costs of installing, upgrading and maintaining a sprinkler supervisory system in the Building, if such a system is required by any provision law or regulation of Section 16 any governmental authority or any fire or liability insurance company by which either the Landlord or Tenant may be insured during the Term.
(g) Notwithstanding anything to the contrarycontrary contained in this lease, the Tenant shall not cut down any trees on the Lands.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no or suffer to be made any alterations, additions additions, changes or improvements (“Tenant collectively, "Alterations”") to or of the Leased Space Premises, or any part thereof without the consent of Landlord's prior Written consent, which consent shall not not, except as otherwise expressly provided in this Lease, be unreasonably withheld. Landlord may impose, delayed or conditioned. At as a condition to the time of Landlord’s aforesaid consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent requirements as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alterationmay deem necessary in its reasonable discretion, including, without limitation, requiring Tenant to furnish Landlord with security for : the payment manner in which the work is done; a right of all costs approval of the contractor by whom the work is to be performed; that all work be performed with union labor; the times during which such work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; the requirement that Tenant reimburse Landlord, as additional rent, for Landlord's reasonable costs incurred in connection with such workreviewing any proposed Alterations, insurancewhether or not Landlord's consent is granted; and the requirement that at Lease Termination, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which either (i) do Tenant, at its expense, will remove any and all such Alterations installed by Tenant and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Tenant shall remain with the Premises, be a part of the realty, and belong to Landlord. If Landlord consents to any Alterations to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense in accordance with plans and specifications approved by Landlord. Any such Alterations made by Tenant shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not adversely impact weaken or impair the structural integrity strength or lessen the value of the Building, shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Landlord and Landlord's agets and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Tenant shall, at Tenant's sole cost and expense:
(i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein;
(ii) Notify Landlord in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Landlord can post and record appropriate notices of nonresponsibility; and
(iii) Provide copies of all drawings and specifications prior to commencement of construction of any Alterations. In no event shall Tenant make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or to the structural portions of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost any part thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which without Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord's prior written consent, which approval shall not consent may be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by withheld in Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent's sole discretion.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Office Lease (QCS Net Corp)
Tenant’s Alterations. (a) Except as hereafter provided, A. Tenant shall make no alterationsprepare and shall submit to Owner for its approval complete, additions or improvements finished, detailed and fully dimensioned architectural, electric and engineering plans and drawings (“Tenant Alterations1/4” scale), and specifications (“Tenant’s Plans”) for all Tenant’s Changes. Tenant’s Plans shall conform to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditionedall applicable Requirements. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security reimburse Owner for the payment of all reasonable out-of-pocket costs to be and expenses incurred by Owner in connection with such work, insurance, the review and copies approval of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) LandlordTenant’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas Plans and the cost thereof is $10,000 or less supervision of compliance with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination requirements of this Lease unless in connection with Tenant’s Changes. In the event Owner refuses to approve Tenant’s Plans it shall advise Tenant of those revisions or corrections Owner requires, and Tenant shall promptly thereafter cause revised Tenant’s Plans to be submitted to Owner for its approval. Tenant acknowledges that Owner’s approval of Tenant’s Plans or of any revisions thereto shall not constitute an Event opinion or agreement by Owner that the same are adequate or sufficient or in compliance with any Requirements, nor shall such approval impose any present or future liability on Owner, waive any of Default has occurred which is then continuing Owner’s rights or release Tenant from any of its obligations hereunder. Tenant further acknowledges and Landlord so requires such removal.
(c) All Tenant Alterations agrees that Owner’s approval of Tenant’s Plans shall be done at conditioned upon Tenant employing licensed persons and firms (where required by law) and labor for the performance of Tenant’s expense by Work which will not cause any jurisdictional or other labor disputes in the Building. In any event, all contractors approved by Landlordor materialmen Tenant proposes to employ shall be subject to Owner’s prior approval, which with approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery .
B. Upon Owner’s approval of Tenant’s request Plans, Tenant shall cause Tenant’s Plans (including mechanical plans and specifications) to be filed with the governmental agencies having jurisdiction thereof, in order to obtain, and shall obtain, all governmental permits, approvals, licenses, authorizations, waivers, consents and certificates (collectively, “Permits”) which may be required in connection with the performance of the Tenant’s Changes. Owner shall with reasonable promptness sign the applications for approvalsuch Permits prepared by Tenant which require Owner’s signature and Tenant shall indemnify and hold Owner harmless against any claim, cost, liability or expense resulting from any error, omission or other impropriety or deficiency in any such application. With respect All Tenant’s Changes shall be governed by the provisions of Article 3 and Section 37C(3) as modified and supplemented by this Article. Tenant’s contractors and suppliers shall move construction materials, supplies and equipment for Tenant’s Changes to Tenant Alterations the demised premises and to remove construction waste and debris therefrom, by an elevator to be designated by Owner, at times appointed by Owner after normal business hours or on other than business days, giving effect to other previously made appointments. Tenant’s contractors and suppliers shall pay Owner’s actual cost basis for the Permitted Tenant Alterations, no work use of such elevator except for use during the hours of 8:00 a.m. and 6:00 p.m. Mondays through Fridays. Such elevator use shall be performed until subject to reasonable scheduling and supervision by Owner. Tenant shall, and shall cause its contractors and suppliers to, comply with Owner’s rules and regulations, and Owner’s directions for the plans therefore have been approved by Landlordcoordination and control of construction activities in the Building and the protection and security of the Building and its systems and occupants.
C. Throughout the performance of any Tenant’s Changes in or about the demised premises, Tenant shall maintain, or cause to be maintained:
i) Worker’s Compensation insurance coverage in statutory limits for all eligible workmen engaged in the Tenant’s Changes;
ii) Public Liability insurance, of which Owner shall be a named insured, in limits of $1,000,000/$1,000,000 for bodily injury and death, $500,000/$1,000,000 for property damage and $10,000,000 umbrella coverage for bodily injury, death and property damage, which approval shall also include automobile liability insurance and blanket contract liability coverage for Tenant’s indemnity obligations to Owner under this Lease; and
iii) Builder’s All-Risk insurance in an amount equal to the value of the Tenant’s Changes on the completion thereof. Tenant shall submit to Owner, before commencement of any Tenant’s Changes in or about the demised premises, certificates of such Worker’s Compensation, Public Liability and Builder’s All-Risk insurance.
D. Tenant shall indemnify and save harmless Owner and its agents (including, without limitation, Colliers ABR, Inc.) from and against any and all third-party claims, actions, liabilities and obligations arising from any work in connection with, or other matters related to, the Tenant Changes.
E. Tenant represents and warrants that its use of the demised premises and any Alterations made by or on behalf of Tenant to the demised premises will conform to the all Requirements, including (without limitation) the Americans With Disabilities Act (“ADA”) of July 26, 1990, Publ. L. Xx. 000-000, 000 Xxxx. 000, 00 X.X.X. § 00000, et seq., as amended from time to time, and the regulations promulgated pursuant thereto. Tenant hereby indemnifies and holds Owner harmless from and against any and all third-party claims, damages, suits, liabilities and attorneys’ fees (including, but not limited to appellate attorneys’ fees) asserted against or suffered by Owner in any way relating to or arising from, in whole or in part, an actual or asserted claim that the demised premises, or any portion thereof, is in violation of any Requirements, including (without limitation) the ADA, or any regulations promulgated pursuant thereto.
F. In the event at any time subsequent to the execution of this Lease Tenant shall make alterations in the demised premises or install therein devices, machinery and equipment or relocate any thereof in the demised premises, such alterations and/or installations shall be made in such a manner as fully to comply with Local Law No. 5/73 of the City of New York, at the sole cost and expense of Tenant, and the obligation for such compliance and the payment of the costs and expenses thereof shall not be unreasonably withheld, delayed or conditioned affected in any manner by the Tenant’s obtaining Owner’s consent and approval to any such alteration and/or installation. All such alterations and/or installations shall be deemed approved unless Landlord notifies Tenant of objections to made in such a manner as will not prevent the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans thereforentire Building from being fully in compliance with said Local Law No. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent5/73.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Office Lease (Bankrate, Inc.)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no any additions, alterations, additions or improvements (the “Tenant Alterations”) to the Leased Space Premises without the prior consent of Landlord, which consent shall not be unreasonably withheldrequested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, delayed or conditioned. At (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of Landlordestimated construction costs, including fees for permits and architectural and engineering fees, (D) for Alterations anticipated to cost in excess of $50,000, evidence satisfactory to Landlord of Tenant’s consentability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen providing specialty materials to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord shall may designate whether Tenant shall be required to remove a list of pre-approved contractors for any portions of the proposed Tenant Alteration upon termination of this LeaseAlterations involving any Building’s structure or the Building Systems, and the absence (F) certificates of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of evidencing the plans, specifications and permits necessary for such workinsurance required under this Article 11. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises Alterations (and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting approval of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval plans and specifications therefor) shall not be unreasonably withheld, conditioned or delayed and any changes or conditioned and modifications to the Alterations or such plans or specifications thereafter shall be deemed given unless Landlord notifies Tenant of its objections within ten require Landlord’s approval (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, delayed design sufficiency, or conditioned compliance with all Laws. Notwithstanding the foregoing, Tenant shall have the right during the Term to make cosmetic alterations as Tenant may reasonably deem desirable or necessary (the “Cosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not adversely affect any Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to any Building or Project; (iv) do not, in the aggregate, exceed $50,000 (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall be deemed approved unless give Landlord notifies Tenant of objections to the proposed plans within at least ten (10) business days after delivery to Landlord prior written notice of a complete set such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the foregoing criteria. Except as otherwise provided, the term “Alterations” shall include Cosmetic Alterations. In addition, Tenant’s repairs, modifications and replacement of the plans therefor. In connection HVAC systems in accordance with the review of plans submitted by Exhibit E and Exhibit E-1 with respect to Tenant, Landlord ’s initial Tenant Improvements shall be reimbursed by Tenant for not require Landlord’s cost consent except as otherwise provided in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, Exhibit E and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentExhibit E-1.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter providedA. During the Lease Term, Tenant shall will make no material alterations, additions or improvements (“Tenant Alterations”) in or to the Leased Space Premises, of any kind or nature, including, but not limited to, alterations, additions or improvements in, to, or on telephone or computer installations, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed delayed, or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required submit to remove the proposed Tenant Alteration upon termination of this Lease, Landlord detailed plans and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature drawings and specifications of the proposed Tenant Alterationalterations, including, without limitation, requiring Tenant to furnish Landlord with security for additions or improvements including the payment type of all costs materials to be incurred in connection used, at the time Landlord's consent is sought. Should Landlord consent to any proposed material alterations, additions or improvements by Tenant, such consent will be conditioned upon Tenant's agreement to comply with such workall reasonable requirements, insuranceincluding safety requirements, established by Landlord. As stated herein, all improvements made hereunder by Landlord (with the exception of Xxxxxx's trade fixtures) will become Landlord's property when incorporated into or affixed to the Building and copies if made by Tenant, upon expiration or termination of the plansLease, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate or upon default by Tenant to construct (unless promptly cured within any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month applicable cure period). Tenant Alterations described in this subsection (b) for which However, at Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding 's option, Landlord may, at the foregoing, painting expiration or carpeting termination of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated Lease Term, require Tenant, at Tenant's expense, to remove Permitted Tenant Alterations upon improvements and alterations made by Tenant, including wiring and cabling above the termination of this Lease unless an Event of Default has occurred which is then continuing ceiling grid and Landlord so requires such removalto restore the Premises to their original condition.
(c) All B. It is understood and agreed between the parties that any charges against Tenant Alterations shall be done at Tenant’s expense by contractors approved Landlord for alterations, additions or improvements in or to the Premises made by Landlord, which approval shall not be unreasonably withheldor its agents, delayed or conditioned and shall be deemed given unless Landlord notifies contractors by order or request of Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant except for Landlord’s cost 's additions and alterations as provided in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(dparagraph 13 hereof) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of or otherwise occurring under this Lease, shall be deemed abandoned payable as Additional Rent as billed by Tenant, Landlord and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryexcluded from Operat ing Expenses.
Appears in 1 contract
Samples: Standard Office Lease (Jacksonville Bancorp Inc /Fl/)
Tenant’s Alterations. (a) Except as hereafter provided, The Tenant shall not make no any interior alterations which affect the structure of the Leased Premises or the building, including alterations for the purpose of installing any interior or exterior lighting or plumbing fixtures, or exterior decorations or painting, without the previous consent of the Landlord, such consent not to be unreasonably withheld. The Landlord may require that prior to its issuing its consent that the Tenant submit complete plans for any proposed alterations. All fixtures, additions improvements, installations and alterations heretofore or improvements (“hereafter made, erected or installed by the Tenant Alterations”) or by the Landlord on behalf of the Tenant to the Leased Space without Premises shall, at the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, be and become the absence of such designation in Landlord’s written consent 's property without compensation therefor to the Tenant, and shall remain upon and be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon surrendered with the Leased Premises as part thereof without disturbance, manipulation or injury at the termination of the term. Notwithstanding anything contained in this Lease. Landlord also paragraph:
(a) The Tenant may impose install its usual trade fixtures in the usual manner, including freezers, provided such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration installation does not damage the nature structure of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for Leased Premises or the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentbuilding.
(b) Landlord’s consent shall not be required for Provided that the Tenant Alterations which (i) do not adversely impact has paid the structural integrity of rent hereby reserved and performed the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior covenants herein contained and (iii) qualify under the following:
(A) The Tenant Alteration is on its part to be made performed, the Tenant shall have the right, at the expiration of this Lease, to portions of remove what is commonly regarded as strictly trade fixtures, but the Tenant shall make good any damage or injury caused to the Leased Premises other than the laboratory areas that shall have resulted from such installation and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at The Tenant’s expense by contractors approved by , subject to Landlord, 's approval which approval shall not be unreasonably withheldwithheld or delayed, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant entitled to erect signs in or upon the Leased Premises as it may deem appropriate but provided that the locations, size and quantity or quality of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection same comply with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (all local municipal bylaws together with all attachments thereto)any other authority having jurisdiction over the Leased Premises, and no review fee such signs shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion remain the property of the Tenant Alteration. All Tenant Alterations shall and may be done in a first classremoved at its option, workmanlike manner and shall comply with provided all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned caused by such erection or removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Leaseany, shall be deemed abandoned by repaired properly at the Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary's expense.
Appears in 1 contract
Samples: Lease Agreement (International Menu Solutions Corp)
Tenant’s Alterations. (a) Except as hereafter providedfor completion of Tenant Work undertaken by Tenant pursuant to the Workletter in accordance with the provisions of Section 2.05, Article Twenty-Seven, Article Twenty-Eight and Article Twenty-Nine of this Lease, the following provisions shall apply to the completion of any Tenant Alterations:
(i) Tenant shall make no alterationsnot, additions or improvements (“Tenant Alterations”) to the Leased Space except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed make or conditionedcause to be made any Tenant Alterations in or to the Premises or any Building systems serving the Premises. At the time of Landlord’s consentPrior to making any Tenant Alterations, Landlord shall designate whether Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be required necessary pursuant to remove the proposed Tenant Alteration upon termination applicable Laws) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this LeaseArticle Nine, Tenant may undertake Decoration work and the absence of engage such designation in contractors and/or subcontractors as Tenant desires without Landlord’s 's prior written consent shall be deemed Landlord’s agreement that so long as such contractors and/ or subcontractors do not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment names and addresses of all costs to be incurred in connection with such work, insurance, contractors and subcontractors and copies of the plans, specifications and permits necessary for such workall contracts. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done completed at Tenant’s expense such time and in such manner as Landlord may from time to time reasonably designate in cooperation with Tenant in order to minimize the time it takes and the cost of such Tenant Alterations, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, delayed and whose work will not cause or conditioned and shall be deemed given unless threaten to cause disharmony or interference with Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations or other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generallyBuilding and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and prior the fire and life safety systems in the Building, necessary permits and licenses, including, but not limited to undertaking any the substitution of Tenant's self-certification in connection therewith as may be acceptable to the City of Chicago Building Department from time to time, certificates of insurance, and such review, Landlord shall provide a statement other documents in such form reasonably requested by Landlord. Upon completion of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide deliver to Landlord with final updated construction drawings and a copy digitized (if available) set of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for the Tenant Alterations in connection with any affected area.
(ii) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to Landlord within a reasonable time of the Building occasioned thereby. In connection with completion of the any Tenant Alteration. All Alterations, Landlord agrees it will not impose any fees of any nature upon Tenant for any Tenant Alterations performed pursuant to this section so long as Landlord is not supervising or acting in the capacity of general contractor or construction manager for such work. Upon completion of Tenant Alterations, Tenant shall be done furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in a first class, workmanlike manner connection therewith and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of such other documentation reasonably requested by Landlord imposed as a condition of such consentor Mortgagee.
(diii) IfTenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, as Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and (ii) in a condition good and workmanlike manner with the use of Landlord’s consent, removal good grades of a Tenant Alteration is required at termination of this Lease, materials. Tenant shall promptly remove such notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and repair any damage occasioned by shall immediately take such removalsteps as are necessary to remedy such violation. In default thereofno event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant remove them or is not obligated required to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of them at Landlord’s property, notwithstanding any provision of Section 16 to the contrary's request.
Appears in 1 contract
Samples: Office Lease (Northern Trust Corp)
Tenant’s Alterations. (aA) Except as hereafter provided, Tenant shall not make no or perform, or permit the making or performance of, any alterations, installations, improvements, additions or improvements other physical changes in or about the demised premises (collectively, “Tenant Alterations”) to the Leased Space without the consent of Landlord’s prior consent, which consent shall will not be unreasonably withheld provided that such Alterations are performed only by contractors or mechanics first approved by Landlord (which approval will not be unreasonably withheld), delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, do not materially and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as adversely affect any part of its consent as Landlord deems appropriate, taking into consideration the nature of Building other than the proposed Tenant Alteration, demised premises (including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs exterior thereof), do not materially and adversely affect any service required to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed furnished by Landlord to obligate Tenant or to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity other tenant or occupant of the Building and do not reduce the value or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions utility of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)Building. Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense and at such times and in such manner as Landlord may from time to time reasonably designate pursuant to the reasonable conditions for Alterations prescribed by Landlord for the Building (“Alteration Regulations”). Prior to making any Alterations, Tenant (i) shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker’s compensation insurance (covering all persons to be employed by Tenant and Tenant’s contractors approved and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon completion of such Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof and shall, within thirty (30) days of such completion, deliver a set of final “as built” drawings to Landlord reflecting the Alteration. All Alterations shall be made and performed in accordance with the requirements of this lease and the Alteration Regulations. All materials and equipment to be incorporated in the demised premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the demised premises, whether in connection with any Alteration or otherwise, if, in Landlord’s sole but good faith discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, which Tenant or others. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
(B) No approval of any plans or specifications by Landlord or consent by Landlord allowing Tenant to make any Alterations or any inspection of Alterations made by or for Landlord shall not be unreasonably withheld, delayed or conditioned and shall in any way be deemed given unless to be an agreement by Landlord notifies that the contemplated Alterations comply with any legal requirements or insurance requirements or the certificate of occupancy for the Building nor shall it be deemed to be a waiver by Landlord of the compliance by Tenant of its objections within ten any provision of this lease.
(10C) business days after delivery Tenant shall promptly reimburse Landlord for all actual fees, costs and expenses including, but not limited to, those of Tenant’s request for approval. With respect architects and engineers, incurred by Landlord to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In third parties in connection with the review of Tenant’s plans submitted by and specifications and inspecting the Alterations to determine whether the same are being or have been performed in accordance with the approved plans and specifications therefor and with all legal and insurance requirements. Copies of bills evidencing such fees, costs and expenses will be provided to Tenant in a timely manner upon Tenant’s request.
(D) Tenant covenants that (i) it will expend not less than $6,000,000.00 (including up to $300,000.00 in the aggregate for any fees paid to Landlord pursuant to Section 42(A) on account of additional electric capacity) in constructing and equipping the demised premises as a so-called “meet-me room” for the telecommunications industry (“Meet-Me Room”), Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; and (ii) subject to reasonable increase force majeure, at least fifty percent (50%) of such construction, as detailed in Exhibit F (“Phase 1”), will be complete, at least $4,000,000.00 will have been expended and the Meet-Me Room will be at least partially (and significantly) operational by September 30, 2001 (the “Phase 1 Date”). Tenant will certify to reflect Landlord that the then current hourly charge imposed for such review by foregoing conditions have been met not later than the Phase 1 Date (subject to force majeure) and will provide substantiation thereof reasonably acceptable to Landlord. Tenant acknowledges that these covenants are a material inducement to Landlord for its tenants in the Center generally, to enter into this lease and prior to undertaking that any breach of any such review, Landlord shall provide a statement of covenant that is not cured within thirty (30) days after notice thereof (subject to force majeure) will constitute an immediate and material default hereunder. Within two (2) months after the maximum review hours Phase 1 Date (subject to be dedicated to such review. With respect to Permitted Tenant Alterationsforce majeure), Tenant shall provide deliver to Landlord a schedule, certified by Tenant’s chief financial officer, setting forth in reasonable detail Tenant’s cost for the initial construction and equipping of the demised premises (the “Start-Up Cost”), together with substantiation thereof reasonably acceptable to Landlord. The Start-Up Cost shall not include any amounts paid to Landlord pursuant to Section 42(A), although such costs, up to $300,000.00, may be used to meet the $6,000,000.00 expenditure requirement set forth above. It is understood and agreed that construction of the Meet-Me Room may occur in two phases so that, after completion of Phase 1, as aforesaid, the remaining work will be completed as expeditiously as is feasible thereafter, using commercially reasonable and diligent efforts to complete such installation, so long as at least $6,000,000.00 has been expended and a copy Meet-Me Room business is fully operational within fourteen (14) months after the Phase 1 Date (subject to force majeure). (For the purposes of this lease, “force majeure” means events not within the reasonable control of the applicable party, excluding, however, lack or inadequacy of funds and including, without limitation, delays in obtaining necessary governmental approvals so long as Tenant is proceeding diligently to obtain same.)
(E) Landlord approves, in principle, subject to review and approval of detailed plans and specifications therefor and Tenant’s compliance with the applicable provisions of this lease, Alterations that are typical for a telecommunications installation, including, without limitation, HVAC, back-up power, fuel tank, dry-pipe fire suppression system and a mobile generator plug located inside the demised premises. Tenant may at its option cap any wet pipes within and solely serving the demised premises so long as it does so in compliance with the terms of this lease. Landlord agrees not to install any additional wet pipes within the demised premises and will not permit any other tenant to do so without Tenant’s approval, which will not be unreasonably withheld. Landlord will install drip pans under all such newly installed pipes at Landlord’s expense.
(F) Tenant acknowledges that no equipment that produces noise is to be used or installed in the premises until Tenant has provided to Landlord a statement from an acoustical engineer reasonably acceptable to Landlord to the effect that he or she has evaluated the totality of Tenant’s application for a building permit thereforinstallation (separately and in combination with the existing conditions in the demised premises, if applicable (together with all attachments thereto)the Building, and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval the neighborhood) and that, when installed and operational, such equipment will not exceed the noise limitations of such application be requiredapplicable Law. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this LeaseIn addition, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereofcovenants that, Landlord may effect said removal and repairs at Tenants expense. With respect throughout the Term, it will make all commercially reasonable efforts to any Tenant Alterations which Tenant is not obligated minimize the noise attributable to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryits operations.
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Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) Subject to the Leased Space without the consent of Landlord’s prior written approval, which consent shall not be unreasonably withheld, delayed Tenant may make, at its expense, additional improvements or conditionedalterations to the Premises which it may deem necessary or desirable (“Alterations”). At the time Provided that Tenant provides Landlord with notice prior to commencing such alterations and, provided further, that Tenant provides Landlord with as-built plans following completion of such alterations and reimburses Landlord for Landlord’s consentarchitect’s costs to update Landlord’s Building plans, Landlord shall designate whether Tenant shall have the right to make non-structural alterations that cost less than $25,000.00 as to each such alteration without Landlord’s prior written approval. Landlord’s approval to any Alterations may be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation withheld in Landlord’s written consent shall reasonable discretion if such Alterations require any other alteration, addition, or improvement to be deemed Landlord’s agreement that Tenant shall not be obligated performed or made to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature any structural portion of the proposed Tenant AlterationBuilding, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building systems, or the systems serving any portion of the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 Premises, or less with respect if such Alterations do not conform to any Tenant Alteration project Landlord’s Building Standard Specifications (or $20,000 or less in the aggregate with respect which will be provided to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month periodupon request). Any Alterations by Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s sole cost and expense by contractors and in compliance with all applicable laws, rules, and regulations (including, without limitation, the Americans with Disabilities Act of 1990 (the “ADA”) and Landlord’s construction rules and regulations) and in conformity with plans and specifications approved by Landlord. If Tenant and Landlord agree to have Landlord contract directly for the installation of the Alterations, which approval Tenant shall not be unreasonably withheldreimburse Landlord for the costs of installation, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections as Additional Rent, within ten (10) business days after delivery of Tenant’s request receipt of an invoice for approval. With respect such costs and/or, at Landlord’s election, Tenant shall deposit with Landlord prior to Tenant the commencement of installation of the Alterations other than up to 100% of the Permitted Tenant estimated costs of installation, which Landlord shall apply toward such costs upon completion of the Alterations, no work and (2) Tenant shall pay Landlord a reasonable construction management fee (not to exceed four percent (4%) of the total cost of designing and installing the Alterations, inclusive of taxes, permit fees, design fees, and construction fees). If Landlord does not elect to contract directly for the installation of the Alterations, such Alterations shall be performed until the plans therefore have been approved by a licensed contractor reasonably acceptable to Landlord; provided, which approval shall not be unreasonably withheldhowever, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject consent to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall or Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for such Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules, and regulations (including, without limitation, the ADA). If requested by Landlord, Tenant Alterations shall post a bond or other security satisfactory to Landlord within a reasonable time of completion of the Tenant Alterationto protect Landlord against liens arising from work performed for Tenant. All Tenant Alterations work performed shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant materials of the quality and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed appearance as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removalexist throughout the Building. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any require Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon and restore any Alterations on the termination of this LeaseLease in accordance with Section 13.2 below. Within thirty (30) calendar days following the completion of any Alterations, Tenant shall cause to be deemed abandoned by prepared and delivered to Landlord, at Tenant’s expense, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to updated “as-built” drawings showing the contraryPremises with the new Alterations.
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Tenant’s Alterations. 11.1 The Tenant may, at any time, and from time to time, at its expense, paint or decorate the Building and appurtenances, and make such changes, alterations, additions and improvements as will in the judgment of the Tenant better adapt the Building for the purpose of its business provided that:
(a) Except as hereafter providedno structural changes, Tenant shall make no alterations, additions or improvements shall be made without the written consent of the Landlord;
(“b) all changes, alterations, additions and improvements shall comply with all Laws;
(c) the Tenant Alterations”) shall pay to the Leased Space without the consent of Landlord, upon demand, the amount of any increase in Realty Taxes or the cost of the insurance maintained by the Landlord over the Building, to the extent that such increases are attributable to an action by the Tenant under this paragraph; Free-Standing, Industrial - May, 1994
(d) nothing herein shall entitle the Tenant to make any changes to, or installations upon, the roof of the Building; The Landlord shall be entitled, at any time and without notice to the Tenant, to remove or to rectify, at the expense of the Tenant, any item which consent was not erected in compliance with this section.
11.2 Leasehold Improvements shall become the property of the Landlord upon installation. The Tenant shall not be unreasonably withheldremove any Leasehold Improvements whether at the expiration or sooner termination of the Term, delayed or conditioned. At unless requested to do so by the time of Landlord’s consent, Landlord shall designate whether in which case the Tenant shall remove such Leasehold Improvements as are designated by the Landlord and, if so requested by the Landlord, restore the Premises to the Base Standard not later than the expiration or sooner termination of the Term. For greater certainty, it is hereby stipulated that the Tenant shall not be required to remove any Leasehold Improvements that existed prior to the proposed making of any modifications to the Premises by the Tenant Alteration upon or by the Landlord on behalf of the Tenant, or any Leasehold improvements made by the Landlord pursuant to its obligations contained in this Lease. If not in default, the Tenant may, on the expiration or sooner termination of the Term, remove from the Premises all Tenant Property provided that it repairs any damage to the Premises which may be caused by installation or removal of the Tenant Property and leave the Premises in a neat and tidy condition which the Tenant hereby covenants to do. The Tenant shall lose its right (but not the obligation) to remove and retain all Tenant Property, and all fixtures, furnishings or equipment affixed in any manner to the Premises not removed on the expiry or sooner termination of the Term.
11.3 The Tenant shall surrender to the Landlord at the end of the Term (whether the Term ends by expiry or other termination) the Premises and all Leasehold Improvements not permitted or required to be removed, all in good and substantial repair and condition in accordance with this Lease. The Tenant shall, prior to the end of the Term, at its cost, remove from the Premises any Hazardous Substances which are or have been located, stored or incorporated in or on any part of the Premises by the Tenant. This provision shall survive the expiration or earlier termination of this Lease.
11.4 The Tenant shall have the right to erect signs on the Building denoting its tenancy therein, provided that such signs conform with all municipal by-laws governing such signs, and the absence of such designation in Landlord’s Tenant has, prior to erecting the signs, received the written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature approval of the proposed Tenant Alteration, including, without limitation, requiring Tenant Landlord as to furnish Landlord with security for the payment type and placement of all costs the signs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consenterected.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter provided“Alterations” means all improvements any Tenant Party constructs in the Premises, all alterations and modifications any Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) Party makes to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this LeasePremises, and all equipment and personal property that becomes a fixture upon being installed in or attached to the absence of such designation Premises in any manner by any Tenant Party. Tenant has no right to make any Alterations without Landlord’s written consent shall be deemed consent, except that Tenant does not need Landlord’s agreement consent to make non-structural Alterations that do not affect building systems and cumulatively cost less than $75,000 per Alteration (“Minor Changes”). It is reasonable for Landlord to withhold or condition its consent to any Alteration that would affect the structure of any of the Buildings, any Alteration that would affect the structure of any of the Buildings and any alteration or improvement to the exterior of the Premises. Except for the Tenant shall not be obligated Improvements, Landlord also has the right, in its sole discretion, to remove Tenant condition its consent to any Alterations upon the right to require Tenant to remove some or all of those Alterations at the time the Term or Tenant’s right to possession ends and, as to Minor Changes, Landlord will elect within 10 business days after request from Tenant whether the Minor Changes have to be removed at the end of the Term. Tenant will construct and install all Alterations at its sole risk and expense, in a first-class, good, and workmanlike manner, in accordance with any plans and specifications that Landlord has approved in writing, and in accordance with all Laws. Landlord’s approval of any plans and specifications for any Alterations is not a representation by Landlord that such Alterations comply with any Law. Tenant will not make any Alterations that results or would result in a labor dispute or otherwise would materially interfere with Landlord’s operation of the Project. Subject to applicable Law, if any work results in a labor dispute, Tenant will stop the work immediately, remove the workers, contractors, or mechanics responsible for the dispute, and replace them with workers, contractors and mechanics whose work will not result in a labor dispute. The Tenant Improvements and any other Alterations are Tenant’s property until the earlier of the end of the Term or the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriateTenant’s right to possession, taking into consideration but upon the nature earlier of the proposed Tenant Alterationend of the Term or the termination of Tenant’s right to possession, including, all Alterations will automatically become Landlord’s sole property without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurancesigning or delivering any document or taking any action, and copies of the plans, specifications and permits necessary for such workwithout any additional payment or other consideration from Landlord. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting Landlord is entitled to depreciation with respect to the Tenant Improvements in the amount of the interior of Allowance and any other allowance Landlord pays. Except to the Leased Space and like cosmetic improvements shall extent Landlord obligates Tenant to do so in accordance with Section 30, Tenant will not be deemed remove any Alterations from the Premises except removable trade fixtures that Tenant Alterations regardless of the cost thereofinstalls at its own cost. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and will repair any damage occasioned by that results from removing any Alterations. Tenant will perform all such removal. In default thereof, Landlord may effect said removal removals and repairs at Tenants expensein a first-class, good, and workmanlike manner. With respect to any If Tenant Alterations which Tenant is not obligated fails to remove hereunder (including without limitation Permitted any Alterations that Landlord has required it to remove, Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon will reimburse Landlord for the termination cost of this Lease, shall be deemed abandoned by Tenant, removing them and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryrepairing all damage.
Appears in 1 contract
Samples: Lease Agreement (ServiceNow, Inc.)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to 16.1 During the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination Term of this Lease, and the absence of such designation in Landlord’s written consent Tenant shall be deemed Landlord’s agreement that Tenant shall not be obligated entitled to remove Tenant Alterations upon perform or undertake, at Tenant's sole cost and expense, any non-structural, interior alteration, addition, improvement or construction to the termination of this Lease. Landlord also may impose Premises (each an "Alteration" and collectively "Alterations"), in accordance with plans and specifications prepared by Tenant; provided such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (iiAlterations(s) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less approved in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved advance by Landlord, lender or any other party having the right of approval thereof, which approval shall not be unreasonably withheld, delayed withheld or conditioned delayed. Tenant shall send to Landlord a copy of its plans for any of the same at least thirty (30) days prior to its commencement of such work. The procedure of Article 11 shall be followed in this regard. Any such Alterations shall not materially diminish the size and shall be deemed given unless not alter the value or structural integrity of the Premises or alter its general use. Upon completion of any such Alterations Tenant shall promptly furnish Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of with a complete set of the "as-built" or "record" plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review work.
16.2 With respect to every Alteration:
(a) Tenant shall, as its own cost and expense, procure or cause to be procured all permits, approvals, consents, licenses and filings of any kind required by Landlord for its tenants applicable Laws or any Governmental Entity having approval thereover;
(b) Tenant shall prosecute such Alteration with reasonable diligence and in the Center generally, a good and prior to undertaking any such review, workmanlike manner and in accordance with applicable Laws; and
(c) Landlord shall provide a statement of to Tenant its reasonable cooperation to allow Tenant to complete any Alteration authorized herein and in all matters in connection therewith; provide the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit thereforpays all reasonable costs and expenses related thereto, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentany.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter provided, The Tenant shall not make no alterationsany alteration, additions repair, addition or improvements (“Tenant Alterations”) improvement to the Leased Space without Premises nor make, construct, erect or install any Leasehold Improvements in or to the consent Leased Premises, except with the prior written approval of the Landlord, which consent shall such approval not to be unreasonably withheld, delayed or conditionedand in accordance with the procedures and provisions set out in this section. At Before beginning any such work the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required deliver to remove the proposed Landlord sufficient copies of its plans and specifications therefor and such other information as the Landlord may reasonably require with respect thereto. The Landlord may require revisions to such plans and specifications and payment of the cost to the Landlord of having its architects approve such plans and specifications as conditions of its approval for such work. Such approval shall not release the Tenant Alteration upon termination of this Lease, and the absence of from its obligation to obtain a building permit if one is necessary. All such designation in Landlord’s written consent work shall be deemed Landlord’s agreement that Tenant shall done by Tenant:
(a) in accordance with the applicable requirements of all regulatory authorities having jurisdiction with respect thereto,
(b) as expeditiously as possible in a good and workmanlike manner and with first-class new materials,
(c) in compliance with such reasonable rules and regulations as the Landlord or its agents or contractors may make,
(d) in such manner as will not be obligated to remove Tenant Alterations interfere unreasonably with the work being done by the Landlord upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature Leased Premises or any other portion of the proposed Tenant Alteration, including, without limitation, requiring Tenant Building,
(e) subject to furnish the reasonable supervision of the Landlord with security for or its agents or contractors and the payment of all costs to be incurred a reasonable fee in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.supervision,
(bf) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense only by contractors approved by the Landlord; provided that the Landlord may at its option require any mechanical or electrical work be done by the Landlord’s contractor,
(g) only by persons whose labour union affiliations are acceptable to the unions of which the employees of the Landlord, its contractors or subcontractors are members, and
(h) at the risk of the Tenant. Any such work which approval is not done in accordance with the plans, specifications, information and revisions delivered to and approved by the Landlord or is not otherwise in accordance with the requirements of this section, and which has not been removed or corrected forthwith after demand, may be removed or corrected by the Landlord at the expense of the Tenant. The Tenant shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless also pay to the Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With with respect to Tenant Alterations other than such work, the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections reasonable cost to the proposed plans within ten (10) business days after delivery to Landlord of all utilities supplied to the Leased Premises with respect to such work and any special or additional services provided to the Tenant during the conduct of such work, including special supervision, the cost of any necessary cutting or patching of or repairing any injury to the Building or to 000 Xxxxx Xxxxxx West, or the Leased Premises, any cost to the Landlord of removing refuse or materials and of cleaning as a complete set result of such work, any cost to the Landlord of changes required by the Tenant for the use of the plans thereforLeased Premises, and all other costs incurred for the accommodation of such work (including delays caused by the conduct of such work) and any other cost of the Landlord which can reasonably be allocated as a direct expense relating to the conduct of such work. In connection with Such costs of the review of plans submitted by Tenant, Landlord shall be reimbursed paid to the Landlord by the Tenant for as they are incurred by the Landlord and invoiced to the Tenant. Any such invoices may be based upon the Landlord’s reasonable estimate of any cost in reviewing wherever such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the cost cannot be exactly determined from information then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentthe Landlord.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Office Lease (Intellon Corp)
Tenant’s Alterations. Tenant shall not make, or suffer to be made, any alteration or addition to the Premises (a“Alterations”), or any part thereof, without obtaining Landlord’s prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) Except as hereafter provideddays prior to the start of construction. If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans. Notwithstanding anything to the contrary contained in this lease, Tenant shall make no alterationsbe entitled to construct Alterations which cost Tenant less than One Hundred Thousand Dollars ($100,000,00) in the aggregate each year, additions or improvements (“Tenant Alterations”) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of obtaining Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove provided such Alterations do not affect the proposed Tenant Alteration upon termination exterior of this Lease, and the absence Premises or adversely affect the structural integrity or life safety systems of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that the Premises. Tenant shall not be obligated proceed to remove make such Alterations until Tenant Alterations upon the termination of this Leasehas obtained all required governmental approvals and permits, and provides Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics lien claims. Tenant agrees to provide Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature (i) written notice of the proposed Tenant Alterationanticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations if required by applicable law. All Alterations shall be constructed in compliance with all applicable building codes and laws including, without limitation, requiring Tenant to furnish Landlord the Americans with security for Disabilities Act of 1990. Upon the payment of Expiration Date, all costs to be incurred in connection with such workAlterations, insuranceexcept movable furniture and trade fixtures, and copies shall become a part of the plans, specifications realty and permits necessary for such workbelong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do are not adversely impact the structural integrity deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)Premises. Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlordmaintained, which approval shall not be unreasonably withheld, delayed replaced or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed repaired by Tenant for Landlord’s at its sole cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentexpense.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Sublease (NeurogesX Inc)
Tenant’s Alterations. (aA) Except as hereafter providedspecifically provided in Sections 5.03(B) and 5.03(C) below, Tenant shall not make no alterationsany alteration, additions addition or improvement to the Premises, whether structural or nonstructural and including any signs or other items which may be visible from the exterior of the Premises, without the Landlord’s prior written consent. Notwithstanding the immediately preceding sentence, Landlord shall not unreasonably withhold or delay its consent to alterations which are not: (i) structural; (ii) Building system-related; (iii) visible from the exterior of the Premises; or (iv) of a nature which, in Landlord’s sole judgment, would adversely impact the value of the Building. Tenant shall provide such drawings, plans and specifications as are requested by Landlord in reviewing any such proposed improvements. Likewise, Landlord shall have the right to place conditions upon the granting of its approval of any alteration or improvement, including but not limited to requirements that the work be performed only by bonded contractors or that Landlord itself perform the work at the Tenant’s expense. If the Landlord consents to any such proposed alteration, addition or improvement, it shall be made at the Tenant’s sole expense (and the Tenant shall hold the Landlord harmless from any cost incurred on account thereof), and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of the remainder of the Property by any other tenant or other person. All such alterations and improvements shall comply in all respects with any and all applicable federal, state and local laws, ordinances and regulations, including but not limited to the Americans With Disabilities Act and regulations promulgated thereunder. Furthermore, Tenant shall indemnify Landlord from all damages, losses or liability arising from such alterations or improvements or the construction thereof by Tenant or by any other party other than Landlord. Notwithstanding the foregoing, Tenant shall be permitted in accordance with local signage codes and ordinances, which shall be part of the Space Improvements, have the right to install appropriate signage, including Tenant’s corporate logo and name on the building directory and entry into the Premises.
(“B) Upon written request received by Landlord from Tenant, Landlord shall accommodate Tenant’s request, at no further rental charge, for Tenant Alterations”to place and operate (all at Tenant’s sole cost, liability and expense) up to five satellite dishes (which shall remain Tenant’s property and shall be removed at Tenant’s sole cost and expense at the termination or earlier expiration of the Term) on an area of the roof of the Building (the size of which shall not exceed [400?] square feet and the location of which area shall be pre-approved by Landlord prior to the Leased Space without parties’ execution of this Lease) during the consent Term of the Lease, subject however to (i) Landlord’s approval as to location, equipment size and specifications, aesthetics, the identity of Tenant’s installing contractor and other similar factors, which consent approval shall not be unreasonably withheldwithheld or delayed, delayed or conditioned. At (ii) the terms of Landlord’s form license agreement, a copy of which is attached hereto as Exhibit E, which shall be executed and delivered at the time of LandlordTenant’s consentelecting to install any such dish(es), Landlord shall designate whether Tenant shall be required to remove (iii) the proposed Tenant Alteration upon termination rights of this Leaseothers owning and/or operating dishes, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of antennae and/or other communications equipment on the Building or the systems serving the Building or their operationProperty, (iiiv) are not visible from the Building exterior all zoning, building code, communications, aviation and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions other laws and regulations and all covenants and restrictions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereofpublic record. Tenant shall not be obligated to remove Permitted Tenant Alterations upon indemnify, defend and hold Landlord harmless from and against liability resulting from the termination existence and operation of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires any such removalsatellite dish.
(cC) All Upon written request received by Landlord from Tenant, Landlord shall accommodate Tenant’s request, at no further rental charge, for Tenant Alterations shall be done to install and procure, at Tenant’s sole cost, liability and expense, a generator (which shall remain Tenant’s property and shall be removed at Tenant’s sole cost and expense by contractors approved by at the termination or earlier expiration of the Term) on Landlord’s property outside the Building. The location, installation, power source, fuel type, size and specifications of the generator shall comply with those shown on Exhibit F and attached hereto and the identity of Tenant’s installing contractor shall in all respects be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications be solely responsible for all Tenant Alterations to Landlord within a reasonable time of completion full legal compliance of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply generator with all insurance requirements then made available to Tenant zoning, building code, communications, aviation and other laws and regulations and all applicable laws, ordinances, rules covenants and regulations restrictions of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) Ifpublic record, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, well as any permitting and licensing requirements. Tenant shall promptly remove indemnify, defend and hold Landlord harmless from and against liability resulting from the existence and operation of any such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrarygenerator.
Appears in 1 contract
Samples: Office Lease Agreement (Republic Airways Holdings Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not cut, drill into or secure any fixture, apparatus or equipment or make no alterations, improvements or physical additions or improvements (collectively, “Tenant Alterations”) of any kind to any part of the Leased Space Premises without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. With respect to all improvements and Alterations made after the date hereof, delayed or conditioned. At other than those made by Landlord pursuant to the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination express provisions of this Lease, and the absence of such designation in Tenant acknowledges that: (i) Tenant is not acting as Landlord’s written consent agent; (ii) Landlord did not cause such Alterations to be made; and (iii) Landlord has not ratified such work. Landlord shall be deemed Landlord’s agreement that Tenant shall not be obligated entitled to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature collect a construction management fee equal to four percent (4%) of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for cost of the payment of all costs to be incurred Alterations in connection with such workLandlord’s services in the supervising and review of any Alteration. Any approval by Landlord permitting Tenant to do any or cause any work to be done in or about the Premises shall be arid hereby is conditioned upon Tenant’s work being performed by workmen and mechanics working in harmony and not interfering with labor employed by Landlord, insurance, and copies Landlord’s mechanics or their contractors or by any other tenant or their contractors. If at any time any of the plans, specifications and permits necessary for such work. Nothing herein, however, workmen mechanics performing any of Tenant’s work shall be construed unable to obligate work in harmony or shall interfere with any labor employed by Landlord, other tenants or their respective mechanics or contractors, then the permission granted by Landlord to Tenant permitting Tenant to construct do or cause any Tenant Alteration for which work to be done in or about the Premises, may be withdrawn by Landlord has given its consentupon forty eight (48) hours’ written notice to Tenant.
(b) Prior to the expiration or earlier termination of the Term, Tenant, at Tenant’s expense, shall remove from the Premises: (i) Tenant’s personal property and all telephone, security and communication equipment system wiring and cabling; (ii) all furniture, fixtures and equipment owned by Tenant except Tenant shall not be permitted to remove the FF&E (as defined in Exhibit D) which was purchased by Tenant with a portion of the Improvement Allowance described in Exhibit D; and (iii) all Specialty Alterations, and restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by such removal or replace the damaged component of the Premises and/or the Building if such component cannot be restored as aforesaid as reasonably determined by Landlord’s consent . The foregoing notwithstanding, Tenant shall not be required for to remove a Specialty Alteration or phone and data cabling if at the time Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which requests Landlord’s consent is not required hereinafter are called “Permitted to such Specialty Alteration or installation of cabling, Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall provides Landlord with written notification that Tenant desires to not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated required to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing such Specialty Alteration and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at consents in writing to Tenant’s expense by contractors approved by Landlordnon-removal request. A “Specialty Alteration” means Alterations that are not normal and customary leasehold improvements typically found in comparable office space at comparable class A office buildings in the market in which the Project is located, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten such as kitchens (10) business days after delivery other than a pantry installed for the use of Tenant’s request for approvalemployees only), executive restrooms, computer room installations, supplemental HVAC equipment and components, safes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, slab penetrations, non-Building standard life safety systems, security systems, specialty door locksets (such as cipher locks) or lighting. With respect If Tenant fails to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking so remove any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit thereforpersonal property and/or any Specialty Alterations as required herein, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, same shall be deemed abandoned by and Landlord, at Tenant’s expense, may remove and deemed a part dispose of same and repair and restore any damage caused thereby; or, at Landlord’s election, such Tenant’s personal property and/or Specialty Alterations shall become Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Tenant’s Alterations. (a1) Except as hereafter provided, The Tenant shall make no alterationsnot make, additions erect, or improvements install any partitions (“Tenant Alterations”including moveable partitions), leasehold improvements, alterations or fixtures (including trade fixtures) in or about the Leased Premises without the prior written consent of the Landlord acting reasonably. All such work shall be performed in accordance with and subject to the Landlord's construction procedures for the Development. If the Tenant performs any work without complying with the provisions of this Section and does not remove it upon notice, the Landlord shall have the right to do so and to restore the Leased Space Premises to their previous condition, in which case the Tenant shall pay to the Landlord as Additional Rent the costs of such work, together with an Administrative Charge in respect thereof. All partitions, leasehold improvements, alterations or fixtures made, erected or installed in the Leased Premises, whether made pursuant to this Section 15.2 or otherwise, shall become the property of the Landlord upon installation or affixation without compensation therefor but without the consent Landlord having or thereby accepting any responsibility with respect to the maintenance, repair, replacement or insurance thereof, all of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant is and shall be required the Tenant's responsibility, but subject to remove the proposed rights and obligations of the Tenant Alteration respecting removal thereof as provided in this Section.
(2) The Landlord may by notice to the Tenant, require the removal prior to the end of the Term, at the expense of the Tenant, of all partitions, leasehold improvements, alterations or fixtures and the restoration of the Leased Premises to the same condition that they were in prior to their making, erection or installation, such work to be done by or at the direction of the Landlord.
(3) Subject to Section 15.2(2), upon the expiration or other termination of this Lease, all partitions, leasehold improvements, alterations or fixtures made, erected or installed upon the Leased Premises (including carpeting and light fixtures) shall remain upon and be surrendered with the absence of such designation in Landlord’s written consent Leased Premises as a part thereof and any trade fixtures not removed by the Tenant shall be deemed Landlord’s agreement and become the property of the Landlord absolutely, provided that if the Tenant shall not be obligated has paid the Rent and performed the covenants and conditions herein contained, it shall, at the end of the Term, have the right to remove its trade fixtures but shall make good the damage caused to the Leased Premises by their installation or removal; if the Tenant Alterations upon fails to do so the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration shall have the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant right to furnish Landlord with security for the payment of all costs to be incurred in connection with perform such work, insurancein which case the Tenant shall pay the Landlord as Additional Rent the costs of such work, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentan Administrative Charge in respect thereof.
(b4) Landlord’s consent No trade fixtures, furniture or equipment shall not be required for removed by the Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than during the laboratory areas Term except that the Tenant may remove its furniture and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less equipment in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises usual and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant normal course of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterationsbusiness, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord if excess for its tenants in the Center generallypurposes, or if it is substituting new furniture and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentequipment.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Employment Agreement (Futurelink Distribution Corp)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no alterations, additions or improvements (“Tenant Alterations”) any structural changes to the Leased Space Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, and in no event shall such changes impair the structural soundness of the Building. At Tenant shall have the time of right, at its sole expense and without Landlord’s prior written consent, Landlord to make such non-structural changes and to redecorate the Premises and make such alterations, additions, improvements and changes in such parts thereof as Tenant shall designate whether deem expedient or necessary for its purposes; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the Building. All alterations, additions, or improvements by Tenant shall be done in accordance with all applicable laws, rules, regulations, and orders, including applicable building codes including any and all restrictions and covenants of the Xxxxxx-Xxxxxxxxxx Counties Industrial Development Agency governing property and its location in the Xxxxxx-Xxxxxxxxxx Counties Industrial Development Agency’s Industrial Park. Tenant shall indemnify, defend and hold harmless Landlord with respect to any and all damages, fees and costs, including reasonable attorneys and consultants fees, with respect to any and all omissions, errors or failures to obtain any and all applicable and necessary permits, approvals and consents with respect to any alterations, additions and improvements and changes to the Premises made by Tenant. Landlord shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to remove or upon said Premises. Upon the proposed Tenant Alteration upon expiration or termination of this Lease, as long as Tenant is not in default or otherwise obligated to Landlord for any reason, all such redecorations, alterations, additions, improvements and changes shall remain the absence property of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant and Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as same or any part of its consent as Landlord deems appropriate, taking into consideration thereof prior to the nature end of the proposed Tenant AlterationTerm and provided that Tenant, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, at its sole cost and copies of the plans, specifications and permits necessary for such work. Nothing herein, howeverexpense, shall be construed to obligate Tenant to construct make any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage repairs occasioned by such removal. In default thereofAny such redecorations, Landlord may effect said removal alterations, additions, improvements and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if changes not removed by Tenant upon shall, at Landlord’s option, become the termination property of this Lease, Landlord or may be removed from the Premises by Landlord and any reasonable costs incurred by Landlord in removing any of said property shall be deemed abandoned paid by Tenant, and deemed a part of Landlord’s Tenant as additional rent. Landlord shall have no obligation or liability for any such property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease With Option to Purchase (Delcath Systems Inc)
Tenant’s Alterations. (a) Except Tenant shall have the right, at its sole expense, from time to time, to redecorate the Premises and to make such alterations, additions, improvement and changes in such parts thereof as hereafter Tenant shall deem expedient or necessary for its purposes; provided, Tenant shall make no however, that such alterations, additions or additions, improvements (“Tenant Alterations”) to and changes when completed shall neither impair the Leased Space without structural soundness nor diminish the consent value of Landlord, which consent shall not be unreasonably withheld, delayed or conditionedthe Premises. At Upon the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination expiration of this Lease, Tenant may, at its option, remove all such redecorations, alterations, additions, improvements and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that changes. Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Leaserepair all damage caused by such removal. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting all floor and wall coverings, sinks, vanities, light fixtures (other than special decorative lighting fixtures), and the complete electrical, plumbing, air conditioning and heating systems, including ducts, diffusers, grills, controls and all other equipment and parts related to such systems, shall be and remain in the Premises at all times for the benefit of Landlord. All such alterations, additions, or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed done in accordance with all applicable laws, rules regulations, and orders, including applicable building codes. Landlord shall execute and deliver upon request of Tenant Alterations regardless such instrument or instruments embodying the approval of Landlord which may be required by an public or quasi public authority for the cost thereofpurpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to or upon said Premises and Tenant agrees to pay for such licenses or permits. Tenant will indemnify and hold Landlord harmless from and against all claims by reason of such alterations, additions, or improvements which may be made by Tenant on the Premises, and Tenant shall promptly repair any damage to the Premises caused by any such alterations, additions, improvements, or changes. Anything contained in this Section 5.3 to the contrary notwithstanding, Tenant shall not be obligated make changes to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by exterior or structural portions for the Premises without Landlord's prior approval, which approval shall not be unreasonably withheld, withheld or delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentunreasonably.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Tenant’s Alterations. (ai) Except as hereafter provided, Provided Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to has secured the Leased Space without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheldwithheld or delayed so long as they do not affect the Building systems or structure, delayed or conditioned. At Common Areas, Project exterior and may not be seen from outside of the time of Landlord’s consentDemised Premises, Landlord shall designate whether Tenant shall be required and subject to remove the proposed Tenant Alteration upon termination requirements of this LeaseSection 9.4 and Exhibits B and Exhibits B-1 hereto, Tenant may, at Tenant's sole cost and expense, make installations, alterations and other Improvements to the absence of such designation in Demised Premises by using contractors and subcontractors (if any) first approved by Landlord’s written consent . It shall be deemed Landlord’s agreement that reasonable for Landlord to withhold its approval of any contractor or subcontractor with whom Landlord has had unfavorable business dealings. All Improvements shall meet or exceed the standards specified in Exhibit B-1 hereto. Tenant shall, at its sole cost and expense, obtain all plans for such installations or alterations as well as all permits, approvals and certificates required by any governmental or quasi-governmental bodies, both before initiating and upon completing the installations and other alterations, as applicable, and Tenant shall not be obligated promptly deliver to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment duplicates of all costs to be incurred such plans, permits, approvals, and certificates. Tenant shall pay Landlord, as Additional Rent, a fee reasonably established by Landlord, as well as Landlord's attorneys' and consultants' fees for Landlord's review of such plans, permits, approvals, certificates or other applicable documents in connection with said installations or alterations and, where appropriate, Landlord's supervision of the making thereof. Such fee shall be determined under paragraph 8 (n) of Exhibit B hereto. Tenant agrees to carry and will cause Tenant's contractors and subcontractors to carry such workworkmen's compensation, insurancegeneral liability, and copies of the plans, specifications personal and permits necessary for property damage insurance as Landlord may require. Certificates evidencing such work. Nothing herein, however, insurance coverage shall be construed delivered to obligate Tenant Landlord prior to construct commencing any Tenant Alteration for which Landlord has given its consentsuch installations or alterations.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting Tenant may make minor alterations to the Demised Premises which cost, in the aggregate, less than $25,000 in any Lease Year to construct and which do not require the issuance of a building permit or carpeting certificate of occupancy and which do not affect the Building systems or structure, Common Areas, Project exterior and may not be seen from the outside of the interior of the Leased Space Demised Premises (hereafter collectively, called "minor alterations"), without obtaining Landlord's prior consent, using contractors and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
subcontractors (cif any) All Tenant Alterations shall be done at Tenant’s expense by contractors first approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies provided Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection nonetheless undertakes such minor alterations in full compliance with the review provisions of plans submitted by Tenantthis Section 9.4, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition Exhibit B and the standards of such consentExhibit B-1.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement (Memberworks Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall will not make no or allow to be made any alterations, additions or improvements (“Tenant "Alterations”") in or to the Leased Space Premises without the prior written consent of LandlordOwner. Alterations to the Premises shall be done by Owner or by contractors approved in writing by Owner, at Xxxxxx's sole cost and expense. If Owner approves Xxxxxx's proposed Alterations and agrees to permit Xxxxxx's contractor to do the work, Xxxxxx's contractor must first furnish to Owner insurance coverage against such risks and in such amounts as Owner may require, including but not limited to Xxxxxxx'x Compensation Insurance (as required under the Xxxxxxx'x Compensation Act of Colorado), issued by such companies as Owner may approve. All Alterations permitted by Owner must conform to all rules and regulations established form time to time by the Underwriter's Association (or comparable organization) of the local area in which consent the Land and Building are located, and conform to all requirements of all governmental entities having jurisdiction. Tenant's contractor shall not also furnish all applicable building and occupancy permits required by law. Owner shall have the right to have Xxxxxx's contractor's work inspected by architects and engineers, the cost of which shall be unreasonably withheldpaid by Xxxxxx to Owner on demand, delayed or conditionedwith interest thereon at the Reimbursement Interest Rate from the due date until paid. At any time Tenant either desires to, or is required to make repairs or Alterations in accordance with this Lease, Owner may, in addition to its other options, require tenant at Tenant's sole cost and expense, to obtain and provide to Owner a lien and completion bond (or such other applicable bond as reasonably determined by Owner) in an amount equal to one and one-half (1.5) times the time estimated cost of Landlord’s such improvements to insure Owner against risk and liability, including but not limited to liability for mechanics and materialman's lien, and to insure the completion of the work.
(b) All Alterations (whether temporary or permanent in character and whether made with or without Owner's consent) made in or upon the Premises, Landlord shall designate whether Tenant either by Owner or Tenant, shall be required Owner's property upon installation and shall remain on the Premises without compensation to remove Tenant unless Owner shall, by written notice, elect to have the proposed Tenant Alteration alterations so made be removed upon expiration of the Term or termination of this Lease. Owner may give this notice of election to Tenant at anytime during the Term of the Lease, and for a period of three (3) days after the absence expiration of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the Term or the termination of this Lease. Landlord also If Owner shall make such election that Alterations so made shall be removed, then tenant agrees to cause same to be removed and to restore the Premises to their former condition at Tenant's sole cost and expense, and should Tenant fail to remove the same and restore the Premises, then Owner may impose cause same to be removed and the Premises restored at Tenant's expense, and Xxxxxx agrees to reimburse Owner of demand for the cost of such reasonable conditions as part of its consent as Landlord deems appropriateremoval and restoration, taking into consideration the nature together with any and all damages which Owner may suffer and sustain by reason of the proposed failure of tenant to remove the same with interest thereon at the Reimbursement Interest Rate from the due date until paid. Upon acceptance of Tenant's alterations to the premises, Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall will not be required for Tenant Alterations which (i) do not adversely impact to remove such alterations from the structural integrity premises upon expiration of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)lease. Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal./s/ RA ------------------------ ------------------------- Owner's Initials Tenant's Initials
(c) All At the Ending Date of Term or other termination of this Lease, all furniture, movable trade fixtures and personal property of Tenant Alterations shall may be done at Tenant’s expense removed by contractors approved by LandlordTenant if Tenant so elects and no Event of Default then exists, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterationsso removed if required by Owner, no work shall be performed until the plans therefore have been approved by Landlordor if not so removed shall, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate option of $125.00 per hour; subject to reasonable increase to reflect Owner, become the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement property of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentOwner.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant All Alterations, if not removed by Tenant upon the termination of this Leaseinstallations, removals and restoration shall be deemed abandoned by Tenantaccomplished in a good and workmanlike manner so as not to damage the Premises or the Building, and deemed a part in such manner as not to distrub other tenants in their use and occupancy of Landlord’s property, notwithstanding any provision of Section 16 to the contraryBuilding.
Appears in 1 contract
Samples: Lease Agreement (Navidec Inc)
Tenant’s Alterations. Except for the Improvements (as defined in the Work Letter), the construction of which is governed by the Work Letter, Tenant shall not, without Landlord’s prior consent, make any alterations, improvements or additions in or about the Premises (collectively, “Alterations”), provided that Landlord agrees not to unreasonably withhold, condition or delay its consent to Alterations. As a condition to giving such consent to any Alterations (to the extent expressly provided in Section 1(c)), Landlord may require that Tenant remove (or leave in place and convey to Landlord) any such Alterations at the end of the term and restore the portions of the Premises affected by such removal to their condition existing prior to installation of the relevant Alterations, reasonable wear and damage by casualty excepted. Before commencing any work relating to Alterations (other than Decorative Changes), Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof. Tenant shall furnish complete drawings and specifications (which shall be in electronic form, if required by Landlord) describing such Alterations (“Plans”) (other than Decorative Changes, and other Permitted Alterations costing less than $25,000 and not requiring a building permit (collectively, “Minor Alterations”)), and all building permits for such Alterations (if such permits are required for such Alterations pursuant to applicable Laws). Tenant shall not commence any such Alterations until Landlord has reviewed and consented to the work as described in such Plans. Approval by Landlord of any of Tenant's Plans prepared in connection with any Alterations shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such Plans or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Tenant shall reimburse Landlord within thirty (30) days following its demand for any reasonable, third-party, out-of-pocket costs incurred by Landlord in having such Plans reviewed by its consultants, to the extent such costs do not exceed $7,500 per project. Tenant shall give Landlord at least five (5) business days’ notice prior to commencing any Alterations (other than Decorative Changes) and Landlord shall then have the right at any time and from time to time to post and maintain on the Premises such notices of non-responsibility as Landlord reasonably deems necessary to protect the Project, the Building and Landlord from mechanics’ liens or any other liens. In any event, Tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in the Project. Tenant shall not permit any mechanics’ liens to be levied against the Project for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant’s agents or contractors in connection with work performed or claimed to have been performed on the Project by or at the direction of Tenant. All Alterations performed by or on behalf of Tenant shall be done by contractors reasonably approved by Landlord, in a first‑class, workmanlike manner in compliance with all applicable Laws as well as the requirements of insurers of the Project and the Building that are communicated to Tenant in writing. Prior to commencing any Alterations, if required by Landlord, Tenant shall maintain builder’s risk insurance in an amount no less than the value of the completed work of alteration, addition or improvement on an all‑risk basis, covering all perils then customarily covered by such insurance. All contractors performing Alterations other than Minor Alterations to the portions of the Project that Landlord is required to maintain pursuant to Section 8(a) above are subject to Landlord’s reasonable prior approval. Further, all of Tenant's contractors performing Alterations other than Decorative Changes, regardless of whether such contractors require Landlord's approval must provide evidence that they have the insurance required under Section 6.3 of the Work Letter, or other insurance reasonably acceptable to Landlord, prior to entering the Premises to perform any work. Notwithstanding anything in this Section 9 to the contrary, upon Landlord’s request, Tenant shall promptly remove, or cause to be removed, any contractor, subcontractor or material supplier from the Project and the Building if the work or presence of such person or entity results in material damage to the Project or the Building. Tenant shall indemnify, hold harmless and defend Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. In the event that Tenant shall not, within thirty (30) days following Tenant’s actual notice of the imposition of any lien or stop notice, cause such lien or stop notice to be released of record by payment or posting of a proper bond, Landlord shall have, in addition to all other remedies provided herein or by law, the right, but not the obligation, to cause the same to be released by such means as it may deem proper, including payment of the claim giving rise to such lien, after providing five (5) days’ prior written notice to Tenant of Landlord’s intent to do so. All such sums paid by Landlord and expenses reasonably incurred in connection therewith, including attorneys’ fees and costs, shall be payable to Landlord by Tenant on demand. Upon completion of any work performed for Tenant costing in excess of $100,000, Tenant shall deliver to Landlord evidence of full payment for the Alterations and full and unconditional waivers and releases of liens for all labor, services and/or materials used, copies of any building permits that were required for such work pursuant to applicable Laws, and, if the work involves any significant physical alteration of the Premises, at least three (3) sets of “as built” drawings and specifications (as well as a set in PDF or CAD format, if requested by Landlord). Unless Landlord requires their removal, as set forth above, all Alterations shall become the property of Landlord and remain upon and be surrendered with the Premises at the termination or expiration of the term; provided that Tenant’s machinery, equipment and trade fixtures and other personal property, other than any which may be permanently affixed to the Premises so that they cannot be removed without material damage to the Premises, shall remain the property of Tenant and shall be removed by Tenant on or before such time. For the avoidance of doubt, the items set forth in Exhibit I shall be considered Tenant’s personal property and shall not become the property of Landlord. Notwithstanding the foregoing, after completion of the Improvements, Tenant shall not be required to obtain the consent or approval of Landlord in connection with the construction or installation of any of the following Alterations: (a) Except decorations, painting, plastering, carpeting or other floor coverings, or window coverings, within the Building that will not require Landlord to modify its then-current insurance coverage for Alterations and do not require a building permit (“Decorative Changes”); and (b) alterations or improvements wholly within the Building that do not affect in any material way the Building Systems or the structural components of the Building and which cost less than One Hundred Thousand Dollars ($100,000.00) in one single instance or series of related alterations performed within a calendar year period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as hereafter provideda means to subvert this provision) (collectively the “Permitted Alterations”). Tenant shall provide Landlord prior notice of any Permitted Alterations (other than Decorative Changes) and copies of Plans (if any), all building permits for such Permitted Alterations (if such permits are required for such Permitted Alterations pursuant to applicable Laws) and the contracts for any Permitted Alterations other than Decorative Changes prior to the commencement of such work. Following completion of any Permitted Alterations, Tenant shall make deliver to Landlord copies of any building permits that were required for such work pursuant to applicable Laws. Landlord shall respond to any request for consent to an Alteration by Tenant under this Section 9 no alterations, additions or improvements later than five (“Tenant Alterations”5) to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditionedbusiness days after Landlord receives such request. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required failure to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of respond to Tenant’s request for consent during such designation in Landlord’s written consent period shall be deemed Landlord’s agreement that consent to such request. Any rejection by Landlord of Plans submitted by Tenant shall include a description of Landlord’s specific objections and the parties shall thereafter work together in good faith to arrive at a mutually agreeable set of Plans. Notwithstanding anything to the contrary contained herein, Tenant shall not be obligated to remove Tenant Alterations upon penetrate the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity roof of the Building in any manner, nor install or construct any Alterations, additions or improvements thereon, nor otherwise use or occupy the systems serving roof at any time during the Building or their operationTerm hereof, (ii) are not visible from to the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions extent any of the Leased Premises other than foregoing would violate, void or reduce the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less roof warranty unless, in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoingeach instance, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by given prior written approval from Landlord, which approval shall not be unreasonably withheld, delayed conditioned or conditioned and shall be deemed given unless delayed. Notwithstanding the foregoing, Landlord notifies Tenant of its objections within ten (10) business days after delivery of hereby consents to Tenant’s request installation of (i) a backup generator and (ii) other building equipment that (A) is required for approval. With respect to Tenant Alterations other than the Permitted Tenant AlterationsUse, no work shall be performed until (B) serves the plans therefore have been Premises and (C) is approved by Landlord pursuant to the terms of Section 9 ((i) and (ii) collectively, the “Building Equipment”), either as a part of the Tenant's Work or a subsequent Alteration in a location approved by Landlord, which approval shall not be unreasonably withheldin its reasonable discretion, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Exclusive Outdoor Areas provided that Tenant Alterations shall be done in a first class, workmanlike manner and shall comply otherwise complies with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentthis Section 9.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement (Exelixis, Inc.)
Tenant’s Alterations. (a) Except as hereafter provided, The Tenant shall not make no any interior alterations which affect the structure of the Leased Premises or the building, including alterations for the purpose of installing any interior or exterior lighting or plumbing fixtures, or exterior decorations or painting, without the previous consent of the Landlord, such consent not to be unreasonably withheld. The Landlord may require that prior to its issuing its consent that the Tenant submit complete plans for any proposed alterations. All fixtures, additions improvements, installations and alterations heretofore or improvements (“hereafter made, erected or installed by the Tenant Alterations”) or by the Landlord on behalf of the Tenant to the Leased Space without Premises shall, at the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, be and become the absence of such designation in Landlord’s written consent 's property without compensation therefor to the Tenant, and shall remain upon and be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon surrendered with the Leased Premises as part thereof without disturbance, manipulation or injury at the termination of the term. Notwithstanding anything contained in this Lease. Landlord also paragraph:
(a) The Tenant may impose install its usual trade fixtures in the usual manner provided such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration installation does not damage the nature structure of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for Leased Premises or the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentbuilding.
(b) Landlord’s consent shall not be required for Provided that the Tenant Alterations which (i) do not adversely impact has paid the structural integrity of rent hereby reserved and performed the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior covenants herein contained and (iii) qualify under the following:
(A) The Tenant Alteration is on its part to be made performed, the Tenant shall have the right, at the expiration of this Lease, to portions of remove what is commonly regarded as strictly trade fixtures, but the Tenant shall make good any damage or injury caused to the Leased Premises other than the laboratory areas that shall have resulted from such installation and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at The Tenant’s expense by contractors approved by , subject to Landlord, 's approval which approval shall not be unreasonably withheldwithheld or delayed, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant entitled to erect signs in or upon the Leased Premises as it may deem appropriate but provided that the locations, size and quantity or quality of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection same comply with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (all local municipal bylaws together with all attachments thereto)any other authority having jurisdiction over the Leased Premises, and no review fee such signs shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion remain the property of the Tenant Alteration. All Tenant Alterations and may be removed at its option, provided all damage caused by such erection or removal, if any, shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentrepaired properly at the Tenant's expense.
(d) IfThe Landlord shall have the right at the expiration of the Lease to require the Tenant to remove all fixtures, as a condition improvements, installations and alterations heretofore or hereafter made, erected or installed by the Tenant or by the Landlord on behalf of Landlord’s consent, removal of a the Tenant Alteration is required to the Leased Premises all at termination of this Lease, the Tenant's cost and the Tenant shall promptly remove such Tenant Alterations and repair make good any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 or injury caused to the contraryLeased Premises that shall have resulted from such installation and removal.
Appears in 1 contract
Samples: Lease Agreement (International Menu Solutions Corp)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterationsImprovements, additions before or improvements during the Term, without Landlord's prior written approval in each instance, and without otherwise complying with all of the terms of this Lease (“Tenant Alterations”) to it being intended by the Leased Space without the consent of Landlordparties that, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consentin connection with any Improvements, Landlord shall designate whether Tenant shall be required afforded a period of at least thirty (30) days to remove the proposed Tenant Alteration upon termination of this Leasereview preliminary plans to be furnished by Tenant, and the absence a period of thirty (30) days to review final plans and specifications to be furnished by Tenant). Before making or requesting approval for any Improvements, Tenant must first submit to Landlord all accompanying plans and specifications for such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated work at least thirty (30) days before such work is due to remove Tenant Alterations upon the termination of this Leasebegin. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless to be unreasonable in withholding its approval to any proposed Improvements, which (without limitation as to other grounds for Landlord withholding approval) (i) affect the appearance of the cost thereofDemised Premises, Building or Complex when viewed from outside; (ii) may adversely affect either the structure or systems of any part of the Complex or the proper, safe and economical operation of any systems or equipment serving any portions of the Complex; (iii) may adversely affect the value, marketability or operations of any part of the Complex; (iv) may cause any delays of the completion of any fit-up or other construction work affecting the Demised Premises or the Complex; or (v) will require unusual expense to readapt the Demised Premises to normal and customary office use at the end of the Term. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of Any such construction work required or permitted by this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, good and workmanlike manner and shall comply in compliance with all insurance requirements then made available Applicable Law. Landlord shall have the right to require Tenant, at Tenant's sole expense, to remove any Improvements prior to the end of the Term, provided Landlord gives notice to Tenant of such removal requirement at least thirty (30) days before the end of the Term. Landlord, at Landlord's election, and upon at least ten (10) days' prior notice to Tenant, may require Tenant to remove, at the end of the Term or otherwise, and at Tenant's sole expense, any Improvements installed in violation of the terms of this Lease. Tenant shall not, in connection with making any Improvements, employ any labor if Tenant's doing so would cause so-called "labor troubles" within the Complex, and Tenant shall require all applicable lawsof the persons employed in connection with making any Improvements to consult Landlord with respect to such matters as the staging of work, ordinancesthe delivery and use of heavy equipment and the use of elevators and loading docks at the Complex. Any Improvements shall be made only by using Landlord's general contractor, rules provided such contractor charges competitive rates and regulations can perform in accordance with prevailing standards of commercial construction practice as to timing and quality. Tenant shall, at its sole cost and expense, obtain all plans for any Improvements, as well as all permits, approvals and certificates required by any governmental authorities having jurisdiction thereoveror quasi-governmental bodies, andboth before initiating, where and upon completing, such Improvements as applicable, and Tenant shall deliver promptly duplicates of all such plans (including final "as-built" plans), permits, approvals and certificates to Landlord. Any required zoning approvals obtained in connection therewith shall be coordinated through Landlord and/or the Managing Agent at Tenant's expense. Landlord shall use reasonable, good faith efforts to cooperate with Tenant in Tenant's efforts to obtain any such permits or approvals for any permitted Improvements. Tenant shall pay Landlord, as Additional Rent, Landlord's out-of-pocket expenses, if it is reasonably necessary for Landlord to engage unrelated third parties to review such plans, permits, approvals, certificates or other applicable documents in connection with any Improvements and/or to coordinate the activities of Tenant's contractors and/or to inspect their work. Tenant shall also provide Landlord, promptly after receipt, with copies of all reasonable requirements invoices relating to any Improvements. Tenant shall pay, promptly when due, the entire cost of any Improvements performed by Tenant, its agents, employees, or contractors. Tenant agrees to carry, and to cause Tenant's contractors and subcontractors to carry, such worker's compensation, general liability and personal and property damage insurance as Landlord imposed as a condition of may reasonably require. Certificates evidencing such consent.
insurance coverage shall be delivered to Landlord prior to commencing any Improvements. Any increase in any Real Estate Taxes, personal property taxes (d) Ifwhether charged to Landlord based on Tenant's Property or fixtures, or charged directly to Tenant), or insurance above those charges customarily expended in Fairfield County, Connecticut, as a condition result of Landlord’s consentImprovements above the levels which would customarily be found for normal and customary executive and general office use in Fairfield County, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this LeaseConnecticut, shall be deemed abandoned paid by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Tenant’s Alterations. (a) Except as hereafter provided, The Tenant shall not make no any interior alterations which affect the structure of the Leased Premises or the building, including alterations for the purpose of installing any interior or exterior lighting or plumbing fixtures, or exterior decorations or painting, without the previous consent of the Landlord, such consent not to be unreasonably withheld. The Landlord may require that prior to its issuing its consent that the Tenant submit complete plans for any proposed alterations. All fixtures, additions improvements, installations and alterations heretofore or improvements (“hereafter made, erected or installed by the Tenant Alterations”) or by the Landlord on behalf of the Tenant to the Leased Space without Premises shall, at the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, be and become the absence of such designation in Landlord’s written consent 's property without compensation therefor to the Tenant, and shall remain upon and be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon surrendered with the Leased Premises as part thereof without disturbance, manipulation or injury at the termination of the term. Notwithstanding anything contained in this Lease. Landlord also paragraph:
(a) The Tenant may impose install its usual trade fixtures in the usual manner provided such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration installation does not damage the nature structure of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for Leased Premises or the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentbuilding.
(b) Landlord’s consent shall not be required for Provided that the Tenant Alterations which (i) do not adversely impact has paid the structural integrity of rent hereby reserved and performed the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior covenants herein contained and (iii) qualify under the following:
(A) The Tenant Alteration is on its part to be made performed, the Tenant shall have the right, at the expiration of this Lease, to portions of remove what is commonly regarded as strictly trade fixtures, but the Tenant shall make good any damage or injury caused to the Leased Premises other than the laboratory areas that shall have resulted from such installation and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at The Tenant’s expense by contractors approved by , subject to Landlord, 's approval which approval shall not be unreasonably withheldwithheld or delayed, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant entitled to erect signs in or upon the Leased Premises as it may deem appropriate but provided that the locations, size and quantity or quality of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection same comply with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (all local municipal by-laws together with all attachments thereto)any other authority having jurisdiction over the Leased Premises, and no review fee such signs shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion remain the property of the Tenant Alteration. All Tenant Alterations and may be removed at its option, provided all damage caused by such erection or removal, if any, shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentrepaired properly at the Tenant's expense.
(d) IfThe Landlord shall have the right at the expiration of the Lease to require the Tenant to remove all fixtures, as a condition improvements, installations and alterations heretofore or hereafter made, erected or installed by the Tenant or by the Landlord on behalf of Landlord’s consent, removal of a the Tenant Alteration is required to the Leased Premises all at termination of this Lease, the Tenant's cost and the Tenant shall promptly remove such Tenant Alterations and repair make good any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 or injury caused to the contraryLeased Premises that shall have resulted from such installation and removal.
Appears in 1 contract
Samples: Lease Agreement (International Menu Solutions Corp)
Tenant’s Alterations. After completion of the initial construction of Improvements, Tenant shall have the right during the Lease term to make changes and alterations to the Improvements and to construct and maintain on the Premises such additional improvements, fixtures and facilities as Tenant, in its reasonable business judgment, deems desirable for the operation of the Premises in accordance with this Lease. Tenant shall have the right during the Lease term to remove the same or any part thereof; provided that upon such removal, the same shall be replaced by Tenant with similar improvements, fixtures or facilities of at least equal utility, value and quality, excepting fixtures or facilities removed because of obsolescence. Prior to any such changes, alterations or additions, Tenant shall first obtain all required Permits and, if any such change, alteration, addition or removal is either: (a) Except as hereafter providedstructural in nature; (b) involves any modification in the appearance of the exterior of the premises; or (c) the estimated cost of any non-structural or interior change, alteration, addition or removal exceeds Fifty Thousand ($50,000) dollars. Tenant shall make no alterationsobtain Landlord’s written approval. All exterior modifications and additions shall be architecturally harmonious with the buildings in Technology Park II, if any, and, as to any addition to Tenant’s main building, the existing building. All additions and improvements shall be at the approximate height of and construction of materials consistent with the Improvements as initially constructed. Landlord’s approval of Tenant’s plans and specifications for any such changes, alterations or improvements (“Tenant Alterations”) to the Leased Space without the consent of Landlord, which consent additions shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that to have reasonably withheld consent to any addition, modification or improvement requested by Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such for any reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alterationjustification, including, without limitation, requiring any of the following: (a) if the proposed improvements are inconsistent with any of the requirements of Landlord’s design criteria in effect on the date of the improvement; (b) if the proposed addition or modification will result in the breach of the terms and conditions of any lease, reciprocal easement or operating agreement, mortgage, or other agreement to which Landlord is a party; (c) if Landlord is not able to obtain the consent of any party to any lease, reciprocal easement or operating agreement, mortgage, or other agreement required before the proposed addition can be constructed; (d) if the proposed construction will result in the violation of any covenant, term or condition of this Lease including all then existing parking requirements; (e) if Tenant fails to furnish Landlord with security provide adequate evidence of financing for the Improvements; (f) if Tenant fails to provide adequate financial security, including a payment bond, if requested, assuring payment of all costs to be incurred in connection with such work, insurance, contractors and copies suppliers supplying labor or materials for the improvement; (g) if at the time of the plansrequest, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct is in violation of any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity term or condition of the Building this Lease; or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (exterior addition or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made modification to the laboratory areas Premises if, in Landlord’s judgment, the proposed modification or addition will either: (1) impede access in and around Technology Park II or to properties adjacent to the Premises; (2) conflict with planned additions to Technology Park II; (3) not be architecturally harmonious with and of the Leased Premises same quality as other buildings in Technology Park II. All such changes, alterations, additions and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and removals permitted hereunder and/or approved by Landlord so requires such removal.
(c) All Tenant Alterations shall be done performed by Tenant at Tenant’s sole cost and expense by contractors approved by Landlord, which approval and in compliance with all Governmental Requirements. Nothing contained in this Section shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies relieve Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete obligations elsewhere set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost forth in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Ground Lease (Alien Technology Corp)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterationsnot make, additions or improvements suffer to be made, any alteration or addition to the Premises (“Tenant Alterations”) to the Leased Space ), or any part thereof, without the consent of obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld, delayed conditioned or conditioneddelayed, and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. At If such Alterations affect the time structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans. After obtaining Landlord’s consent, which consent shall state whether or not Landlord shall designate whether will require Tenant shall be required to remove the proposed Tenant such Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at expiration or earlier termination of this Lease, Tenant shall promptly remove not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits, and provides Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics’ lien claims. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings (provided, however, that Landlord shall not require Tenant to update any of Landlord’s existing “as-built” drawings), and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be constructed by a licensed general contractor in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures (including Tenant’s phone switch and security systems), shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Premises. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. The parties acknowledge that Tenant intends to make certain improvements to the Premises (“Initial Alterations”) prior to initial occupancy of the Premises, as shown on the attached Exhibit “B”. Landlord hereby consents to such Initial Alterations and repair waives any damage occasioned by right to have such removal. In default thereof, Landlord may effect said removal and repairs Initial Alterations removed at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the expiration or sooner termination of this Lease, shall be deemed abandoned by Tenantprovided Tenant first obtains all necessary governmental approvals and permits associated with construction, and deemed a part thereafter complies with all provisions of Landlord’s propertythe items (i), notwithstanding any provision (ii) and (iii) of this Section 16 to the contrary.7.A.
Appears in 1 contract
Tenant’s Alterations. (a) Except Tenant shall be responsible for the interior improvements, after occupancy by Tenant, and except for the installation and location of signs, equipment, counters and other removable trade fixtures, and except as hereafter providedherein mentioned, Tenant shall neither make no alterations, any alteration on or additions or improvements (“Tenant Alterations”) to the Leased Space leased premises nor make any agreement or contract therefore without the consent of first obtaining Landlord's prior written consent, which said consent shall not be unreasonably withheld. All alterations, delayed additions or conditionedimprovements made by Tenant to or upon the leased premises, (except signs, equipment, counters, other removable trade fixtures and interior decorations which shall remain the property of Tenant and removable by them) shall at once, when made or installed, be deemed to have attached to the freehold and become Landlord's property. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and without notice, Tenant shall immediately remove all their property. If Tenant fails to do so, Landlord may (upon notice) remove and store the absence same at Tenant's expense. Tenant will promptly reimburse Landlord for the expense of such designation in removal and storage, upon receiving Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated 's statement. If tenant fails to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary pay for such workexpense within ten (10) days of receiving Landlord's statement therefore, Landlord may sell Tenant's said property to pay such expenses and any other amounts owing to Landlord by Tenant. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building It is further agreed that anything remaining upon or the systems serving the Building or their operation, (ii) are not visible removed from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon leased premises thirty days after the termination of this Lease unless an Event shall become the property of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheldat Landlord's option, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections subject to the proposed plans within ten (10) business days after delivery rights reserved to Landlord of a complete in this Lease hereinbefore set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentforth.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Commercial Lease Agreement (Insurance Management Solutions Group Inc)
Tenant’s Alterations. (a) Except as hereafter providedTenant, Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) to the Leased Space without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed, delayed shall not make or conditionedcause to be made any alterations, improvements, additions or installations in or to the Premises. At If Landlord so consents, before commencement of any such work or delivery of any materials into the time of Landlord’s consentPremises or the Building, Landlord shall designate whether Tenant shall be required furnish to remove Landlord for approval: architectural plans and specifications, names and addresses of all contractors and subcontractors, copies of all contracts, affidavits from engineers acceptable to Landlord stating that the proposed Tenant Alteration upon termination of this Leasealterations will not in any way adversely affect the mechanical, heating, ventilating, air conditioning, and the absence electrical systems in the Building, necessary permits and licenses, certificates of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination insurance and instruments of this Lease. Landlord also indemnification against any and all claims, costs, expenses, damages and liabilities which may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred arise in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved documents requested by Landlord, which approval shall not all in such form and amount as may be unreasonably withheldsatisfactory to Landlord. In addition, delayed prior to commencement of any such work or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than any materials into the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant AlterationsPremises, Tenant shall provide Landlord with a copy appropriate evidence of Tenant’s application 's ability to pay for a building permit thereforsuch work and materials in full, and, if applicable requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. Whether or not Tenant furnishes the foregoing, Tenant agrees to indemnify and hold Landlord, the Landlord's partners, the record title holder, any mortgagee of the Building, Landlord's Management Agent and their respective directors, officers, agents and employees (together hereinafter for convenience sometimes collectively referred to as the ("Indemnitees") forever harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. All such work shall be done only by contractors or mechanics approved by Landlord and at such time and in such manner as Landlord may from time to time designate which shall not be unreasonably withheld or delayed. Tenant shall pay the cost of all such work and the cost of decorating the Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith. All such work shall be in accordance with all attachments theretoapplicable legal, governmental and quasi-governmental requirements, ordinances and rules (including the Board of Fire Underwriters), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval all requirements of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alterationapplicable insurance companies. All Tenant Alterations such work shall be done in a first class, good and workmanlike manner and with the use of good grades of materials. In no event shall comply with all insurance requirements then made available any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant and all applicable lawsof the adequacy of the design, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition workmanship or quality of such consent.
(d) Ifwork or materials for Tenant's intended use or impose any liability upon Landlord in connection with the performance of such work. All alterations, as a condition improvements, temporary or permanent, additions and installations to or on the Premises, whether placed there by Landlord or Tenant, shall, unless Landlord requests their removal, become part of Landlord’s consent, removal the Premises at the time of a Tenant Alteration is required their installation and shall remain in the Premises at the expiration or termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the or termination of this LeaseTenant's right of possession of the Premises, shall be deemed abandoned by without compensation or credit to Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Tenant’s Alterations. (a) Except for completion of Tenant Work undertaken by Tenant pursuant to the Work Letter, attached hereto as hereafter providedExhibit B, the following provisions shall apply to the completion of any Tenant Improvements:
(1) Tenant shall make no alterationsnot, additions or improvements (“Tenant Alterations”) to the Leased Space except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed make or conditionedcause to be made any Tenant Improvements in or to the Premises or any Building systems serving the Premises. At the time of Landlord’s consentPrior to making any Tenant Improvements, Landlord shall designate whether Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be required necessary pursuant to remove the proposed applicable law) to permit Landlord sufficient time to post appropriate notices of non-responsibility or to otherwise object to such Tenant Alteration upon termination Improvements, as may be provided herein. Subject to all other requirements of this LeaseArticle Nine, and the absence of such designation in Tenant may undertake Decoration work without Landlord’s 's prior written consent shall be deemed Landlord’s agreement that consent. Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment names and addresses of all costs to be incurred in connection with such work, insurance, contractors and subcontractors and copies of the plans, specifications and permits necessary for such workall contracts. Nothing herein, however, All Tenant Improvements shall be construed completed at such time and in such manner as Landlord may from time to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operationtime designate, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, delayed and whose work will not cause or conditioned threaten to cause disharmony or interference with Landlord or other tenants in the Building and shall be deemed given unless their respective agents and contractors performing work in or about the Building. Landlord notifies may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of its objections within ten (10) business days after any work or delivery of Tenant’s request for approval. With respect materials to the Premises related to the Tenant Alterations other than Improvements such of the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved following as specified by Landlord: architectural plans and specifications, which approval opinions from engineers reasonably acceptable to Landlord stating that the Tenant Improvements will not in any way adversely affect the Building's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air- conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Improvements such as a performance bond or letter of credit. Upon completion of the Tenant Improvements, Tenant shall not be unreasonably withheld, delayed or conditioned deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Improvements.
(2) Tenant shall be deemed approved unless Landlord notifies pay the cost of all Tenant Improvements and the cost of objections decorating the Premises and any work to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans thereforBuilding occasioned thereby. In connection with the review completion of plans submitted by Tenant, Landlord shall be reimbursed by any Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant AlterationsImprovements, Tenant shall provide pay Landlord a construction fee and all elevator and hoisting charges at Landlord's then standard rate/1/. Upon completion of Tenant Improvements, Tenant shall furnish Landlord with a copy contractors' affidavits and full and final waivers of Tenant’s application for a building permit therefor, if applicable lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(together 3) Tenant agrees to complete all Tenant Improvements (i) in accordance with all attachments thereto)Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Improvements and shall immediately take such steps as are necessary to remedy such violation. In no review fee event shall be charged such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant by of the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use or of compliance with the requirements of Article 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection therewith nor shall Landlord’s approval with the performance of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consentwork.
(db) IfAll Tenant Additions whether installed by Landlord or Tenant, as a condition shall without compensation or credit to Tenant, become part of Landlord’s consentthe Premises and the property of Landlord at the time of their installation and shall remain in the Premises, removal of a unless pursuant to Article Twelve, Tenant Alteration may remove them or is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of them at Landlord’s property, notwithstanding any provision of Section 16 to the contrary's request.
Appears in 1 contract
Samples: Office Lease (Planvista Corp)
Tenant’s Alterations. (a) Except as hereafter provided, No Alterations shall be made to the Premises without the Landlord's written approval. The Tenant shall make no alterations, additions or improvements (“Tenant Alterations”) submit to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature details of the proposed Tenant Alteration, including, without limitation, requiring Tenant work including drawings and specifications prepared by qualified architects or engineers conforming to furnish Landlord with security for good engineering practice. All such Alterations shall be performed: (i) at the payment of all costs to be incurred in connection with such work, insurance, and copies sole cost of the plansTenant; (ii) by contractors and workmen approved by the Landlord; (iii) in a good and workmanlike manner; (iv) in accordance with drawings and specifications approved by the Landlord; (v) in accordance with all applicable legal and insurance requirements; (vi) subject to the reasonable regulations, specifications supervision, control and permits necessary for inspection of the Landlord; (vii) subject to such workindemnification against liens and expenses as the Landlord reasonably requires; and (viii) in accordance with all applicable laws, by-laws and government orders. Nothing hereinThe Landlord's reasonable cost incurred with respect to the Tenant's Alterations including without limitation the cost of approving, however, supervising and inspecting all such work shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consentpaid by the Tenant.
(b) Landlord’s consent shall not be required for Tenant If the Alterations which (i) do not adversely impact would affect the structural integrity structure of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions any of the Leased Premises electrical, plumbing, mechanical, heating, ventilating or air conditioning systems or other than base building systems, such work shall at the laboratory areas and option of the Landlord be performed by the Landlord at the Tenant's cost. If the Landlord performs such work, then on completion of such work, the cost thereof is $10,000 or less with respect of the work plus a sum equal to any 15% of said cost representing the Landlord's overhead shall be paid by the Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All If the Tenant installs Leasehold Improvements, or makes Alterations shall be done at Tenant’s expense which depart from the Building standard and which restrict access to any Building system or to any structural element of the Building by contractors approved the Landlord or by any person or corporation authorized by the Landlord, or which approval restrict the installation of the leasehold improvements of any other tenant in the Building, then the Tenant shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless at the request of the Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect remove any obstruction in a manner acceptable to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, failing which approval shall not be unreasonably withheldthe Landlord may remove the same; and the Tenant will pay, delayed or conditioned and shall be deemed approved unless reimburse the Landlord notifies Tenant of objections to for, the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans removal and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition any replacement or restoration of such consentLeasehold Improvements or Alterations.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Office Lease (Phon Net Com Inc)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterations, additions or improvements (“"Tenant Alterations”") to the Leased Space without the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s 's consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s 's written consent shall be deemed Landlord’s 's agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications specification and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s 's consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s 's consent is not required hereinafter are called “"Permitted Tenant Alterations.” " Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has not occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s 's expense by contractors approved by Landlord, which approval consent shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s 's request for approvalconsent. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s 's cost in reviewing such plans at the rate of $125.00 60 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s 's application for a building permit therefor, if applicable applicable, (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s 's approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s 's consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants Tenant's expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s 's property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement (Viropharma Inc)
Tenant’s Alterations. (a) Except as hereafter providedNotwithstanding the foregoing, Tenant shall be permitted to make no alterations, additions or improvements (“Tenant Alterations”) Tenant’s Alterations to the Leased Space without Premises throughout the consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations Lease Term which (i) do not adversely impact affect the Base Building (including, without limitation, any structural integrity elements of the Building) and (ii) do not affect any Base Building systems (including, without limitation, any mechanical, plumbing, electrical or the HVAC systems serving the Building or their operation, Building) and (iiiii) are not visible from the Building exterior of the Premises, and (iiiiv) qualify under do not require a building permit or other governmental approvals, without Landlord’s prior written approval, provided the followingfollowing provisions are met:
8.6.1 All such Tenant’s Alterations to the Premises shall be paid for solely by Tenant, and shall not exceed in cost, in the aggregate, Forty Thousand Dollars (A$40,000.00) over the Lease Term without Landlord’s prior written approval.
8.6.2 The general contractor to construct Tenant’s Alterations shall be selected by Tenant Alteration is and approved by Landlord, such approval not to be made unreasonably withheld or delayed; provided that such general contractor shall be a California licensed general contractor with experience in constructing improvements similar to portions the Tenant’s Alterations in office buildings similar to the Building, and shall carry the insurance specified in Section 8.4. Tenant shall provide Landlord with a certificate of insurance prior to commencing any such Tenant’s Alterations.
8.6.3 Tenant shall provide Landlord with not less than twenty (20) days prior written notice of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less commencement of such Tenant’s Alterations so that Landlord may post notices of non-responsibility with respect to such Tenant’s Alterations;
8.6.4 All such Tenant’s Alterations shall be constructed in accordance with the plans and specifications therefore and in conformance with all applicable building codes and other laws, rules, and regulations pertaining thereto. Tenant, its general contractor and all subcontractors shall comply with all reasonable rules and regulations imposed by Landlord in connection with any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which LandlordTenant’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall have the Tenant’s Alterations performed in such manner so as not be obligated to remove Permitted obstruct access to the Building or any portion thereof, or any other tenant of the Building, and so as not to obstruct the business of Landlord or other tenants in the Building.
8.6.5 Tenant shall send a Notice (the “Removal Notice”) in writing to Landlord, at least sixty (60) days prior to the expiration of the Lease Term, requesting that Landlord inform it whether or not Tenant will have the responsibility for removing any Tenant Alterations upon the expiration or earlier termination of this the Lease unless an Event Term and for restoring the Premise to the condition existing prior to the installation of Default has occurred which is then continuing any Tenant Alterations, normal wear and tear and damage from casualty excepted. In the event that Landlord so requires such removal.
(c) All responds to Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlordin writing in the affirmative, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies fails to respond to Tenant of its objections within ten (10) business days after delivery following Landlord’s receipt of Tenant’s request the Removal Notice, it shall be deemed that Tenant shall have the obligation at its sole cost and expense for approval. With respect to removing the Tenant Alterations other than upon the Permitted expiration or earlier termination of the Lease Term and for restoring the Premise to the condition existing prior to the installation of the Tenant Alterations, no work shall be performed until normal wear and tear and damage from casualty excepted. Once Tenant has determined whether or not it has the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections obligation to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking restore any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy shall, as soon as reasonably possible, but in no event less than thirty (30) days prior to expiration of the Lease Term, commence such removal of the Tenant’s Alterations and the restoration of the Premises to the condition existing prior to the making of Tenant’s application for Alterations, normal wear and tear and damage from casualty excepted.
8.6.6 In the event that Tenant shall fail to timely send Landlord a building permit thereforRemoval Notice, if applicable Landlord, at its option, may elect to require Tenant, at its sole cost and expense, to remove (together with all attachments thereto)i) those Alterations which Tenant failed to request that Landlord notify it at the time of approval whether or not Tenant would have the obligation to remove upon the expiration or earlier termination of the Lease Term, and no review fee shall be charged (iii) the Tenant Alterations, and to restore the Premises to the condition existing prior to the installation of the Alterations and/or Tenant Alterations, normal wear and tear and damage from casualty excepted. If Tenant fails to complete such removal obligations and/or to repair any damage caused by Landlord the removal of any Alterations and/or Tenant Alterations in connection therewith nor shall Landlord’s approval the Premises and return the affected portion of the Premises to their condition existing prior to the installment of such application be required. Tenant shall provide copies of as-built plans and specifications for all Alterations and/or Tenant Alterations prior to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at expiration or earlier termination of this Lease, Tenant then Rent shall promptly remove continue to accrue under this Lease in accordance with Article 16 below, after the end of the Lease Term until such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, work shall be deemed abandoned by completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant, and deemed a part of including Landlord’s property, notwithstanding standard fee for performing such work.
8.6.7 Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of San Mateo County in accordance with Section 3093 of the Civil Code of the State of California or any provision of Section 16 to the contrarysuccessor statute.
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Tenant’s Alterations. (a) Except as hereafter providedfor Minor Alterations which require no prior consent or approval from Landlord, Tenant shall not make no alterationsor perform, additions or improvements (“Tenant permit the making or performance of, any Alterations without Landlord's prior consent. Notwithstanding the foregoing provisions of this subsection or Landlord's consent to any Alterations”) , all Alterations made during the Term shall be made and performed in conformity with and subject to the following provisions: (i) all Alterations shall be made and performed at Tenant's sole cost and expense and, except for Minor Alterations, at such time and in such manner as Landlord may reasonably designate; (ii) all Alterations, except for Minor Alterations, shall be made only by contractors or mechanics approved by Landlord; (iii) no Alteration shall affect any part of the Building other than the Leased Space Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (iv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall submit to Landlord reasonably detailed plans and specifications for each proposed Alteration and shall not commence any such Alteration without the consent first obtaining Landlord's approval of Landlordsuch plans and specifications, which consent shall approval will not be unreasonably withheldwithheld or delayed, delayed or conditioned. At the time of Landlord’s consent, but Landlord shall designate whether Tenant shall be required have the right to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of withhold its consent as Landlord deems appropriate, taking into consideration to Alterations involving structural changes or changes affecting the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of Common Areas or the Building for any reason whatsoever; (vi) all Alterations in or to the systems electrical facilities in or serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than shall be subject to the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month periodprovisions of Section 5(b); or
(Bvii) The Tenant Alteration is notwithstanding Landlord's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and Insurance Requirements and in accordance with the Rules and Regulations; (viii) all materials and equipment to be made to the laboratory areas of incorporated in the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting as a result of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant all Alterations shall be done of good quality; (ix) Tenant shall require any contractor performing Alterations to carry and maintain at Tenant’s all times during the performance of the Alterations, at no expense by contractors approved by to Landlord, which approval shall not be unreasonably withheld(I) a policy of Commercial General Liability Insurance, delayed or conditioned including contractor's liability coverage, completed operations coverage and shall be deemed given unless contractor's protective liability coverage, naming Landlord notifies Tenant of its objections within ten and (10at Landlord's request) business days after delivery of Tenant’s request for approval. With respect the Additional Insureds, as additional insureds, with such policy to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections afford protection to the proposed plans within ten limit of not less than $5,000,000 combined single limit annual aggregate for bodily injury, death and property damage, and (10II) business days after delivery to Landlord of a complete set workmen's compensation or similar insurance in the form and amounts required by the laws of the plans therefor. In connection with Jurisdiction in which the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hourBuilding is located; subject (x) except as to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Minor Alterations, Tenant shall provide carry (or shall cause its contractor to carry) at all times during the performance of the Alterations, at no expense to Landlord, a policy of Builders Risk Insurance written on the Completed Value Form covering the Alterations in an amount equal to 100% of the replacement cost thereof; and (xi) if the estimated cost of an Alteration exceeds $100,000, Tenant shall, before commencement of work, at Tenant's sole cost and expense, furnish to Landlord a surety company performance and payment bond, issued by a surety company reasonably acceptable to Landlord, or other security satisfactory to Landlord, in an amount at least equal to the estimated cost of the Alteration, or a guaranty satisfactory to Landlord guaranteeing the completion thereof within a reasonable time, free and clear of all liens and in accordance with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built the plans and specifications for all Tenant Alterations approved by Landlord. In the event of any dispute between the parties as to whether or not Landlord within a reasonable time has acted reasonably in any case with respect to which Landlord is required, pursuant to the provisions of completion of the Tenant Alteration. All Tenant Alterations this subsection (a) to do so, Tenant's sole remedy shall be done to submit such dispute to arbitration pursuant to Section 28. If the determination in a first classany such arbitration shall be adverse to Landlord, workmanlike manner and Landlord nevertheless shall comply with all insurance requirements then made available not be liable to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition for breach of Landlord’s consent's covenant to act reasonably, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove and Tenant's sole remedy in such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, event shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to proceed with the contraryproposed Alterations.
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Tenant’s Alterations. (a) Except as hereafter providedotherwise set forth herein, Tenant shall not make no or permit to be made any material alterations, improvements or additions or improvements (“Tenant Alterations”) to the Leased Space Premises without the on each occasion first presenting to Landlord plans and specifications therefor and obtaining Landlord's prior written consent of Landlordthereto, which consent shall not be unreasonably withheldwithheld or delayed; except that Tenant may make alterations, delayed improvements or conditioned. At additions to those portions of the time Premises that Landlord is not obligated to maintain pursuant to Section 8.2 above, without the consent of Landlord’s consent, provided that: (i) Tenant supplies Landlord with plans and specifications and any necessary permits therefor at least ten (10) days in advance of commencing construction thereof; (ii) such alterations and improvements do not impair the structural strength of the Facility or any other improvements or reduce the value of the Premises; and (iii) Tenant shall designate whether take or cause to be taken all steps that are required by Section 14 hereof and that are required or permitted by law in order to avoid the imposition of any mechanic's lien upon the Premises. Any and all alterations, improvements and additions to the Premises which are constructed, installed or otherwise made by Tenant shall be required the property of Tenant until the expiration or earlier termination of this Lease. Subject to remove Tenant's exercise of and rights under the proposed Tenant Alteration Option, upon the expiration or earlier termination of this Lease, all alterations and additions shall remain on the absence Premises and become the property of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations Landlord without payment therefor by Landlord unless, upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building expiration or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at earlier termination of this Lease, Landlord shall give written notice to Tenant shall promptly to remove the same; in which event Tenant will remove such Tenant Alterations alterations, improvements and additions, and repair and restore any damage occasioned to the Premises caused by such removalthe installation or removal thereof. In default thereofPrior to the completion of any material alteration, improvement or addition, Landlord may effect said removal and repairs at Tenants expense. With respect Tenant agree to any Tenant Alterations which Tenant is execute a written statement as to whether or not obligated the alteration, improvement or addition shall be required to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not be removed by Tenant upon the expiration or earlier termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
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Samples: Lease Agreement (Biopure Corp)
Tenant’s Alterations. (aA) Except as hereafter provided, Tenant shall not make no or perform, or permit the making or performance of, any alterations, installations, improvements, additions or improvements other physical changes in or about the demised premises (“Tenant collectively, "Alterations”") to the Leased Space without the consent of Landlord's prior consent, which consent shall will not be unreasonably withheld provided that such Alterations are performed only by contractors or mechanics first approved by Landlord (which approval will not be unreasonably withheld), delayed do not materially and adversely affect any part of the Building other than the demised premises (including, without limitation, the exterior thereof), do not materially and adversely affect any service required to be furnished by Landlord to Tenant or conditionedto any other tenant or occupant of the Building and do not reduce the value or utility of the Building. At All Alterations shall be done at Tenant's expense and at such times and in such manner as Landlord may from time to time reasonably designate pursuant to the reasonable conditions for Alterations prescribed by Landlord for the Building ("Alteration Regulations"). Prior to making any Alterations, Tenant (i) shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof and shall, within thirty (30) days of such completion, deliver a set of final "as built" drawings to Landlord reflecting the Alteration. All Alterations shall be made and performed in accordance with the requirements of this lease and the Alteration Regulations. All materials and equipment to be incorporated in the demised premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the demised premises, whether in connection with any Alteration or otherwise, if, in Landlord's sole but good faith discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others. In the event of any such interference or conflict, Tenant, upon demand of Landlord’s consent, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
(B) No approval of any plans or specifications by Landlord or consent by Landlord allowing Tenant to make any Alterations or any inspection of Alterations made by or for Landlord shall designate whether in any way be deemed to be an agreement by Landlord that the contemplated Alterations comply with any legal requirements or insurance requirements or the certificate of occupancy for the Building nor shall it be deemed to be a waiver by Landlord of the compliance by Tenant of any provision of this lease.
(C) Tenant shall promptly reimburse Landlord for all actual fees, costs and expenses including, but not limited to, those of architects and engineers, incurred by Landlord to third parties in connection with the review of Tenant's plans and specifications and inspecting the Alterations to determine whether the same are being or have been performed in accordance with the approved plans and specifications therefor and with all legal and insurance requirements. Copies of bills evidencing such fees, costs and expenses will be required provided to remove Tenant in a timely manner upon Tenant's request.
(D) Tenant covenants that (i) it will expend not less than $6,000,000.00 (including up to $300,000.00 in the proposed aggregate for any fees paid to Landlord pursuant to Section 42(A) on account of additional electric capacity) in constructing and equipping the demised premises as a so-called "meet-me room" for the telecommunications industry ("Meet-Me Room"), and (ii) subject to force majeure, at least fifty percent (50%) of such construction, as detailed in Exhibit F ("Phase 1"), will be complete, at least $4,000,000.00 will have been expended and the Meet-Me Room will be at least partially (and significantly) operational by September 30, 2001 (the "Phase 1 Date"). Tenant Alteration upon termination will certify to Landlord that the foregoing conditions have been met not later than the Phase 1 Date (subject to force majeure) and will provide substantiation thereof reasonably acceptable to Landlord. Tenant acknowledges that these covenants are a material inducement to Landlord to enter into this lease and that any breach of any such covenant that is not cured within thirty (30) days after notice thereof (subject to force majeure) will constitute an immediate and material default hereunder. Within two (2) months after the Phase 1 Date (subject to force majeure), Tenant shall deliver to Landlord a schedule, certified by Tenant's chief financial officer, setting forth in reasonable detail Tenant's cost for the initial construction and equipping of the demised premises (the "Start-Up Cost"), together with substantiation thereof reasonably acceptable to Landlord. The Start-Up Cost shall not include any amounts paid to Landlord pursuant to Section 42(A), although such costs, up to $300,000.00, may be used to meet the $6,000,000.00 expenditure requirement set forth above. It is understood and agreed that construction of the Meet-Me Room may occur in two phases so that, after completion of Phase 1, as aforesaid, the remaining work will be completed as expeditiously as is feasible thereafter, using commercially reasonable and diligent efforts to complete such installation, so long as at least $6,000,000.00 has been expended and a Meet-Me Room business is fully operational within fourteen (14) months after the Phase 1 Date (subject to force majeure). (For the purposes of this Leaselease, "force majeure" means events not within the reasonable control of the applicable party, excluding, however, lack or inadequacy of funds and including, without limitation, delays in obtaining necessary governmental approvals so long as Tenant is proceeding diligently to obtain same.)
(E) Landlord approves, in principle, subject to review and approval of detailed plans and specifications therefor and Tenant's compliance with the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination applicable provisions of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriatelease, taking into consideration the nature of the proposed Tenant AlterationAlterations that are typical for a telecommunications installation, including, without limitation, requiring HVAC, back-up power, fuel tank, dry-pipe fire suppression system and a mobile generator plug located inside the demised premises. Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, may at its option cap any wet pipes within and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems solely serving the Building or their operation, (ii) are not visible from demised premises so long as it does so in compliance with the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination terms of this Lease unless an Event of Default has occurred which is then continuing lease. Landlord agrees not to install any additional wet pipes within the demised premises and Landlord will not permit any other tenant to do so requires such removal.
(c) All Tenant Alterations shall be done at without Tenant’s expense by contractors approved by Landlord's approval, which approval shall will not be unreasonably withheld, delayed or conditioned and shall be deemed given unless . Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by will install drip pans under all such newly installed pipes at Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent's expense.
(dF) IfTenant acknowledges that no equipment that produces noise is to be used or installed in the premises until Tenant has provided to Landlord a statement from an acoustical engineer reasonably acceptable to Landlord to the effect that he or she has evaluated the totality of Tenant's installation (separately and in combination with the existing conditions in the demised premises, as a condition the Building, and the neighborhood) and that, when installed and operational, such equipment will not exceed the noise limitations of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Leaseapplicable Law. In addition, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereofcovenants that, Landlord may effect said removal and repairs at Tenants expense. With respect throughout the Term, it will make all commercially reasonable efforts to any Tenant Alterations which Tenant is not obligated minimize the noise attributable to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contraryits operations.
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Tenant’s Alterations. Construction by Tenant of Tenant’s Alterations shall be governed by the following:
A. Tenant shall not construct any Tenant’s Alterations or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitled, without Landlord’s prior approval, to make Tenant’s Alterations (ai) Except as hereafter providedwhich do not affect the structural or exterior parts or water tight character of any building on the Premises, and (ii) the reasonably estimated cost of which, plus the original cost of any part of the Premises removed or materially altered in connection with such Tenant’s Alterations, together do not exceed the Permitted Tenant Alterations Limit specified in the Summary per work of improvement. In the event Landlord’s approval for any Tenant’s Alterations is required, Tenant shall make no alterationsnot construct the leasehold improvement until Landlord has approved in writing the plans and specifications therefore, additions or improvements and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant’s Alterations constructed by Tenant shall be constructed by a licensed contractor in accordance with all Laws using new materials of good quality.
B. Tenant shall not commence construction of any Tenant’s Alterations until (“i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant Alterations”has given Landlord at least five days’ prior written notice of its intention to commence such construction, and (iv) if reasonably requested by Landlord, Tenant has obtained contingent liability and broad form builders’ risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the Leased Space without proposed construction not covered by insurance carried pursuant to Article 9.
C. All Tenant’s Alterations shall remain the consent property of Landlord, which consent Tenant during the Lease Term but shall not be unreasonably withheld, delayed altered or conditionedremoved from the Premises. At the time expiration or sooner termination of the Lease Term, all Tenant’s Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord’s consentproperty, and Landlord shall designate whether have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall be required so remove such Tenant’s Alterations prior to remove the proposed Tenant Alteration upon expiration or sooner termination of this Leasethe Lease Term. Notwithstanding the foregoing, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant any Tenant’s Alterations upon with respect to which the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which following is true: (i) do not adversely impact Tenant was required, or elected, to obtain the structural integrity approval of Landlord to the installation of the Building or the systems serving the Building or their operation, leasehold improvement in question; (ii) are at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not visible from Landlord would require Tenant to remove such leasehold improvement at the Building exterior expiration of the Lease Term; and (iii) qualify under at the following:
(A) The time Landlord granted its approval, it did not inform Tenant Alteration is that it would require Tenant to be made to portions remove such leasehold improvement at the expiration of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant AlterationsLease Term.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no any additions, alterations, additions or improvements (the “Tenant Alterations”) to the Leased Space Premises without the prior consent of Landlord, which . Consent shall be requested by Tenant at least [***] days prior to the commencement of any work and such request for consent shall not be unreasonably withheld, delayed or conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
include (A) The Tenant Alteration is Tenant’s proposed plans and specifications for the Alterations, (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees, (D) evidence satisfactory to Landlord of Tenant’s ability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s licensed and reputable contractors (and said contractors’ subcontractors) and materialmen to be made to engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord may designate a list of approved contractors for any portions of the Leased Premises other than Alterations involving the laboratory areas and Building’s structure or the cost thereof is $10,000 or less with respect to any Building Systems, from which Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas must select its contractors for such portions of the Leased Premises Alterations (“Approved Contractors”), and (F) certificates of insurance, evidencing the cost thereof insurance required under this Article 11. If Tenant desires to contract with a contractor who is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which not on Landlord’s consent is not required hereinafter are called “Permitted list of approved contractors, Tenant Alterations.” Notwithstanding shall submit the foregoing, painting or carpeting name of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated contractor to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing Landlord and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlordhave the right to approve the contractor, which approval shall not be unreasonably withheld, delayed or conditioned denied. Landlord’s consent to the Alterations (and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery Landlord’s approval of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval and specifications therefor) shall not be unreasonably withheld, conditioned or delayed and any changes or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections modifications to the proposed Alterations or such plans within or specifications thereafter shall require Landlord’s approval (which shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all Laws. Landlord’s consent may be conditioned, among other things, on Tenant’s removing any such Alterations at the Expiration Date and restoring the Premises to the same condition as on the Possession Date, and, if requested by Tenant in writing at the time Tenant seeks Landlord’s consent for any Alteration, Landlord will specify which portion of the Alterations must be removed/restored at the Expiration Date. Notwithstanding the foregoing, Tenant shall have the right during the Term to make cosmetic Alterations as Tenant may reasonably deem desirable or necessary (the “Cosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not affect the Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to the Building or Project; (iv) do not, in the aggregate, exceed $[***] (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) business days after delivery to Landlord prior written notice of a complete set of the plans therefor. In connection with the review of plans submitted by Tenantsuch Cosmetic Alterations, Landlord which notice shall be reimbursed accompanied by Tenant for Landlord’s cost in reviewing reasonably adequate evidence that such plans at changes meet the rate of $125.00 per hour; subject to reasonable increase to reflect foregoing criteria. Except as otherwise provided, the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord term “Alterations” shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant include Cosmetic Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Office Lease (Biodesix Inc)
Tenant’s Alterations. (a) Except as hereafter provided, The Tenant shall not make no alterationsany alteration, additions -------------------- addition or improvements (“Tenant Alterations”) improvement to the Leased Space Premises, whether structural or nonstructural and including any signs or other items which may be visible from the exterior of the Premises, without the consent of Landlord's prior written consent, which consent shall not be unreasonably withheld. Tenant shall provide such drawings, delayed or conditionedplans and specifications as are requested by Landlord in reviewing any such proposed improvements. At the time of Landlord’s consentLikewise, Landlord shall designate whether have the right to place reasonable conditions upon the granting of its approval of any alteration or improvement, including but not limited to requirements that the work be performed only by bonded contractors or that Landlord itself perform the work at the Tenant's expense. If the Landlord consents to any such proposed alteration, addition or improvement, it shall be made at the Tenant's sole expense (and the Tenant shall be required hold the Landlord harmless from any cost incurred on account thereof), and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of the remainder of the Property by any other tenant or other person. All such alterations and improvements shall comply in all respects with any and all applicable federal, state and local laws, ordinances and regulations, including but not limited to the Americans With Disabilities Act and regulations promulgated thereunder. Furthermore, Tenant shall indemnify Landlord from all damages, losses or liability arising from such alterations or improvements or the construction thereof by Tenant or by any other party other -than Landlord. Each alteration, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises (excepting only Tenant's furniture, equipment and trade fixtures) shall become Landlord's property and shall remain upon the Premises at the expiration or termination of this Lease without compensation to Tenant; provided, however, that Landlord shall have the right to require Tenant to remove such alteration, unless such alteration has been approved or consented to by Landlord as an initial improvement, improvements which are merely cosmetic in nature or involve wiring or telecommunications, or pursuant to this Section, at Tenant's sole cost and expense in accordance with the proposed Tenant Alteration upon termination provisions of (S)1.03 of this Lease, and the absence of such designation in Landlord’s written consent which required removal shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review specified by Landlord for its tenants in the Center generally, and prior when Landlord consents to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent's requested alterations.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
Samples: Office Lease Agreement (American Pharmaceutical Partners Inc /Ca/)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall not make no or permit to be made any alterations, additions or improvements (singularly and collectively, “Tenant Alterations”) to the Leased Space premises (whether to the existing premises or the expansion premises), or any part thereof, without the prior written consent of Landlord in each instance. Landlord will not unreasonably withhold or delay its consent to any Alterations; provided, however, that all such Alterations shall satisfy and be subject to all of the following conditions: (i) the Alterations will be nonstructural and will not impair or otherwise materially affect the structural components of the building or any part thereof; (ii) the Alterations will be to the interior of the premises and will not materially affect any part of the building outside of the premises or affect the outside appearance of the building; (iii) the Alterations will not affect the proper functioning of the building’s mechanical, electrical, plumbing or life safety systems or any other utilities, systems and services of the building, or materially increase the usage thereof; provided, however, that this subpart (iii) shall not be construed to preclude Tenant, subject to Landlord, ’s prior written consent (which consent shall not be unreasonably withheldwithheld or delayed), delayed from upgrading or conditioned. At supplementing such systems, utilities and/or services; (iv) Landlord will have approved the time of Landlord’s consentfinal plans and specifications for the Alterations, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Leaseany subsequent changes thereto, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, contractors and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlordsubcontractors who will perform them, which approval shall not be unreasonably withheldwithheld or delayed; (v) except as hereinafter provided in subparagraph (e) below with respect to Landlord’s Tenant Improvement Funds, delayed or conditioned all costs and shall expenses incurred in connection with the Alterations, including the construction and installation thereof, the preparation of the plans and specifications therefor, and the obtaining of all necessary governmental approvals and permits, will be deemed given unless paid by Tenant; and (vi) Tenant will pay to Landlord notifies the reasonable out-of-pocket costs and expenses incurred by Landlord in reviewing Tenant’s plans and specifications and inspecting the Alterations to determine whether they are being performed in accordance with the approved plans and specifications and in compliance with all applicable laws, including the fees of any architect and/or engineer employed by Landlord for such purposes. Landlord agrees to respond to a request by Tenant of its objections for consent to any proposed Alterations within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved receipt by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of written request therefor, accompanied by detailed plans and specifications for the plans thereforproposed Alterations. In connection with the review of plans submitted by TenantThe foregoing notwithstanding, Landlord shall be reimbursed by Tenant for may, without Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; prior written consent (but nevertheless subject to reasonable increase the conditions specified in subparts (i), (ii), (iii) and (v) above), make “cosmetic” Alterations to reflect the then current hourly charge imposed premises; provided, however, that Tenant may not expend more than $25,000.00, in toto, in any one calendar year for such review by Landlord for its tenants in the Center generally“cosmetic” Alterations without first obtaining Landlord’s prior written consent as provided herein, and and, prior to undertaking commencing any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant “cosmetic” Alterations, Tenant shall provide give Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by written notice advising Landlord in connection therewith nor shall Landlord’s approval of such application be required“cosmetic” Alterations and generally describing them. Also, anything herein to the contrary notwithstanding, Tenant shall provide copies of as-built plans acknowledges and specifications for all Tenant Alterations agrees that in addition to any other reasonable conditions Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed may impose as a condition of approving proposed Alterations by Tenant, if such consent.
(d) If, as proposed Alterations include a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant computer room or other Alterations and repair any damage occasioned by such removal. In default thereofthat will have special electrical requirements, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by require that Tenant, and deemed at Tenant’s expense, install a part of Landlord’s property, notwithstanding separate meter to measure the electricity used by any provision of Section 16 to the contrarysuch computer room or other Alterations with special electrical requirements.
Appears in 1 contract
Samples: Sublease Agreement (PRN Corp)
Tenant’s Alterations. (a) Except as hereafter provided, Tenant shall make no alterationsalteration, additions or improvements improvement (“Tenant Alterations”) to the Leased Space without the consent of the Landlord, which such consent shall not to be unreasonably withheld, delayed conditioned or conditioneddelayed. At the time of Landlord’s consent, If Landlord shall designate whether Tenant shall be required consents to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also it may impose such reasonable conditions as part of its consent with respect thereto as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs cost to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, Alterations shall be construed done at Tenant’s expense by employees of or contractors hired by Landlord, except to obligate the extent that Landlord gives prior written consent (such consent not to be unreasonably withheld, conditioned or delayed) to the Tenant to construct any hire its own contractors. Upon execution of the construction contract(s) for the desired work, Tenant Alteration shall promptly pay Landlord, or to Tenant’s contractors, as the case may be, 50% of the cost of all such work, with the remainder to be paid upon substantial completion of such work. If Tenant’s contractor performs such work, Tenant shall pay to Landlord its then standard hourly rate for review and approval of plans and specifications relating thereto, which is currently $125 per hour. All Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and if performed by Tenant’s contractors hired with Landlord’s consent, with all reasonable requirements of Landlord has given its imposed as a condition of such consent.
(b) . Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof of which is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
, provided that Tenant shall provide Landlord with written notice thereof at least ten (B10) The Tenant Alteration is days prior to be made to commencement of work, accompanied by any plans and specifications required for the laboratory areas issuance of the Leased Premises any building permits required for such work, and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period)copies of such permits. Tenant Alterations described in this subsection (b) paragraph for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Notwithstanding anything herein to the contrary, Tenant shall not be obligated to remove Permitted Tenant Alterations upon have the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done right, at Tenant’s expense by contractors approved by option, to install a security system or other access control system for the Leased Space, subject to Landlord’s review and approval of the placement of such system and the method of installation, which approval shall not be unreasonably withheld, delayed or conditioned . All Alterations shall become a part of the Leased Space when made and shall remain upon and be deemed given unless Landlord notifies Tenant surrendered with the Leased Space at the end of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterationsterm, no work shall be performed until the plans therefore have been approved by Landlordprovided, which approval shall not be unreasonably withheldhowever, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections if prior to the proposed plans within ten (10) business days after delivery installation of an Alteration, Landlord so directs by written notice to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at upon termination of this Lease, Tenant shall promptly remove such said Alteration which was so designated by Landlord in said written notice to Tenant. Tenant Alterations and shall repair any damage occasioned by such removal. In , and, in default thereof, Landlord may effect said removal and repairs at Tenants Tenant’s expense. With respect to any Any property left in the Leased Space by the Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by to have been abandoned; Landlord may dispose of such property at Tenant, ’s expense and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 without notice to the contraryTenant.
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Samples: Lease (Idera Pharmaceuticals, Inc.)
Tenant’s Alterations. (a) Except as hereafter providedprovided below, Tenant shall will not make no any additions, alterations, additions or improvements (the “Tenant Alterations”) to the Leased Space Premises without the prior consent of Landlord, which consent shall not will be unreasonably withheldrequested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent will include: (A) Tenant’s proposed plans and specifications for the Alterations, delayed (B) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen to be engaged by Tenant for the Alterations, and (C) certificates of insurance, evidencing the insurance required under this Article 10. Landlord’s review and approval of the plans and specifications for the Alterations will create no responsibility or conditionedliability on the part of Landlord for their completeness, design sufficiency, or compliance with all Laws. At Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including requiring Tenant to utilize only contractors designated by Landlord for any portions of the time of Alterations involving the Project’s structure or any Building systems. Notwithstanding the foregoing, Tenant will have the right to make cosmetic Alterations as Tenant may reasonably deem desirable or necessary (the “Cosmetic Alterations”), without Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of provided that such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from outside of the Premises; (ii) do not affect the Project’s structure or any Building exterior and systems; (iii) qualify under do not trigger any legal requirement which would require any alteration or improvements to the following:
Project; (Aiv) The Tenant Alteration is to be made to portions of do not, in the Leased Premises aggregate, exceed $10,000 (for Alterations other than the laboratory areas floor and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less wall covering) in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
and (Bv) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises do not require any license, permit or approval under applicable Law and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less do not result in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition voiding of Landlord’s consentinsurance, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part increasing of Landlord’s propertyinsurance risk or the disallowance of sprinkler credits. Except as otherwise provided herein, notwithstanding any provision of Section 16 to the contraryterm “Alterations” will include Cosmetic Alterations.
Appears in 1 contract
Samples: Office Full Service Gross Lease (YanGuFang International Group Co., LTD)
Tenant’s Alterations. 11.1 The Tenant may, at any time, and from time to time, at its expense, paint or decorate the Premises and appurtenances, and make such changes, alterations, additions and improvements as will in the judgment of the Tenant better adapt the Premises for the purpose of its business provided that:
(a) Except as hereafter providedno structural changes, Tenant shall make no alterations, additions or improvements shall be made without the written consent of the Landlord;
(“b) all changes, alterations, additions and improvements shall Free-Standing-Campus, Industrial - May, 1994 comply with all Laws;
(c) the Tenant Alterations”) shall pay to the Leased Space without the consent of Landlord, upon demand, the amount of any increase in Realty Taxes or the cost of the insurance maintained by the Landlord over the Premises, to the extent that such increases are attributable to an action by the Tenant under this paragraph;
(d) nothing herein shall entitle the Tenant to make any changes to, or installations upon, the roof of the Premises; The Landlord shall be entitled, at any time and without notice to the Tenant, to remove or to rectify, at the expense of the Tenant, any item which consent was not erected in compliance with this section.
11.2 Leasehold Improvements shall become the property of the Landlord upon installation. The Tenant shall not be unreasonably withheldremove any Leasehold Improvements whether at the expiration or sooner termination of the Term, delayed or conditioned. At unless requested to do so by the time of Landlord’s consent, Landlord shall designate whether in which case the Tenant shall remove such Leasehold Improvements as are designated by the Landlord and, if so requested by the Landlord, restore the Premises to the Base Standard not later than the expiration or sooner termination of the Term. For greater certainty, it is hereby stipulated that the Tenant shall not be required to remove any Leasehold Improvements that existed prior to the proposed making of any modifications to the Premises by the Tenant Alteration upon or by the Landlord on behalf of the Tenant, or any Leasehold improvements made by the Landlord pursuant to its obligations contained in this Lease. If not in default, the Tenant may, on the expiration or sooner termination of the Term, remove from the Premises all Tenant Property provided that it repairs any damage to the Premises which may be caused by installation or removal of the Tenant Property and leave the Premises in a neat and tidy condition which the Tenant hereby covenants to do. The Tenant shall lose its right (but not the obligation) to remove and retain all Tenant Property, and all fixtures, furnishings or equipment affixed in any manner to the Premises not removed on the expiry or sooner termination of the Term.
11.3 The Tenant shall surrender to the Landlord at the end of the Term (whether the Term ends by expiry or other termination) the Premises and all Leasehold Improvements not permitted or required to be removed, all in good and substantial repair and condition in accordance with this Lease. The Tenant shall, prior to the end of the Term, at its cost, remove from the Premises any Hazardous Substances which are or have been located, stored or incorporated in or on any part of the Premises by the Tenant. This provision shall survive the expiration or earlier termination of this Lease.
11.4 The Tenant shall have the right to erect signs on the Premises denoting its tenancy therein, provided that such signs conform with all municipal by-laws governing such signs, and the absence of such designation in Landlord’s Tenant has, prior to erecting the signs, received the written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature approval of the proposed Tenant Alteration, including, without limitation, requiring Tenant Landlord as to furnish Landlord with security for the payment type and placement of all costs the signs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consenterected.
(b) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant Alterations described in this subsection (b) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal.
(c) All Tenant Alterations shall be done at Tenant’s expense by contractors approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed given unless Landlord notifies Tenant of its objections within ten (10) business days after delivery of Tenant’s request for approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations, no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor. In connection with the review of plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be dedicated to such review. With respect to Permitted Tenant Alterations, Tenant shall provide Landlord with a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all Tenant Alterations to Landlord within a reasonable time of completion of the Tenant Alteration. All Tenant Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord imposed as a condition of such consent.
(d) If, as a condition of Landlord’s consent, removal of a Tenant Alteration is required at termination of this Lease, Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenants expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
Appears in 1 contract
