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 (i) which 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 not construct the Leasehold Improvement 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. 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term.
Appears in 1 contract
Sources: Lease (Tegal Corp /De/)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. (A) Tenant shall not construct make or perform, or permit the making or performance of, any Tenant’s Alterations alterations, installations, improvements, additions or otherwise alter other physical changes in or about the Premises demised premises (collectively, "Alterations") without Landlord’s 's prior written approvalconsent. Tenant shall be entitled, without Landlord’s prior approval, Landlord agrees not unreasonably to make Tenant’s withhold its consent to any Alterations (i) which are nonstructural and which do not affect the structural Building's systems and facilities, provided that such Alterations are performed only by contractors or exterior parts or water tight character of the Buildingmechanics first approved by Landlord (which approval shall not be unreasonably withheld), and (ii) the reasonably estimated cost of which, plus the original cost of do not affect any part of the Premises removed Building other than the demised premises (including, without limitation, the exterior thereof), do not adversely affect any service required to be furnished by Landlord to Tenant or materially altered to any other tenant or occupant of the Building and do not reduce the value or utility of the Building. Landlord agrees to respond to Tenant's request for approval of any such plans and specifications within ten (10) days after receipt thereof together with any other information that may be reasonably necessary or desirable in order to perform Landlord's review thereof. 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 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 30 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’s Alterations, together do not exceed 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 Permitted Alteration. All Alterations shall be made and performed in accordance with 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 Alterations Limit specified 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 Section O the demised premises, whether in connection with any Alteration or otherwise, if, in Landlord's sole discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Summary per work of improvementBuilding by Landlord, Tenant or others. In the event of any such interference or conflict, Tenant, upon demand of Landlord’s , 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 in any Tenant’s way be deemed to be an agreement by Landlord that the contemplated Alterations is required, 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, out-of-pocket fees, costs and expenses paid to third parties including, but not construct limited to, those of attorneys, architects and engineers, incurred by Landlord in connection with the Leasehold Improvement until Landlord has approved in writing the review of Tenant's plans and specifications therefor, and such Tenant’s inspecting the Alterations shall be constructed substantially to determine whether the same are being or have been performed in compliance accordance with such the 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 thereof and with all Laws using new materials of good qualitylegal and insurance requirements.
B. Tenant shall not commence construction of any Tenant’s Alterations until (iD) 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 Notwithstanding anything 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoingcontrary contained herein, Tenant shall not be obligated required to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration or earlier termination of the Lease Term; and (iii) Term unless Landlord so specified in its approval notification therefor, provided that in its request for such approval Tenant must refer to this lease provision in all capital bold-face type at least six points larger than the time Landlord granted type used in the rest of its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termletter.
Appears in 1 contract
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Tenant shall not construct cut, drill into, or secure any Tenant’s Alterations fixture, apparatus, or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitledequipment, without Landlord’s prior approvalor make alterations, improvements, or physical additions of any kind to make Tenant’s Alterations (i) which 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 (collectively, “Alterations”) without first obtaining the written consent of Landlord, 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 which consent shall not construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications thereforbe unreasonably withheld, and such Tenant’s conditioned, or delayed. All Alterations shall be constructed substantially completed in compliance with such approved plans all applicable Laws, the Declaration, and specifications by a licensed contractor first approved by Landlord’s rules and regulations for construction, and sustainable guidelines and procedures. All TenantNotwithstanding the foregoing, ▇▇▇▇▇▇▇▇’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 consent shall not commence construction of be required for any Tenant’s Alterations until Alteration costing less than $25,000.00 and that: (i) all required governmental approvals and permits have been obtained, is nonstructural; (ii) all requirements regarding insurance imposed by this Lease have been satisfieddoes not impact any of the Building systems, involve electrical or drywall work, require a building permit, or materially affect the air quality in the Building; and (iii) is not visible from outside of the Premises. Tenant has given shall provide to Landlord at least five days’ prior written notice of its intention to commence such constructionperform any Alteration, and (iv) if reasonably requested by Landlord, Tenant has obtained contingent liability and broad form builders’ risk together with a certificate of insurance from each contractor evidencing that insurance is in effect during all construction activities in an amount reasonably satisfactory to required by Landlord and naming Landlord, Landlord’s Property Manager, and Brandywine Realty Trust as additional insureds, and, if there are requested in writing by Landlord, shall also name 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 mortgagee or holder of Tenant during the Lease Term but shall not any mortgage that may 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 become a lien upon any part of the realty Premises as its interests may appear. Tenant shall provide Landlord with a release of liens from all contractors, subcontractors, and design professionals associated with all Alterations. Tenant shall then become 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, the Declaration, and Landlord’s propertyrules and regulations. With respect to all improvements and Alterations made after the date hereof, Tenant acknowledges that: (A) Tenant is not, under any circumstance, acting as the agent of Landlord; (B) Landlord did not cause or request such Alterations to be 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 making of Alterations or improvements shall be deemed or construed in any way as constituting a request by ▇▇▇▇▇▇▇▇, express or implied, to any contractor, subcontractor, or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord. Landlord shall be entitled to collect a construction management fee equal to 10% of the cost of the Alterations in connection with ▇▇▇▇▇▇▇▇’s services in the supervising and review of any Alteration. Tenant shall not overload any floor or part thereof in the Premises or the Building, including any public corridors or elevators, by bringing in, placing, storing, installing or removing any large or heavy articles, and Landlord shall have no obligation to reimburse Tenant for may prohibit, or may direct and control the location and size of, safes and all or any portion of the value or cost thereof; providedother heavy articles, howeverand may require, that if Landlord requires Tenant to remove any at Tenant’s Alterationssole cost and expense, Tenant shall so remove supplementary supports of such Tenant’s Alterations prior material and dimensions as Landlord may deem necessary to properly distribute the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termweight.
Appears in 1 contract
Sources: Lease (Ambiq Micro, Inc.)
Tenant’s Alterations. Construction by Tenant of Tenant's ’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 shall not be unreasonably withheld, delayed or conditioned. Tenant shall be entitled, without Landlord’s prior approval, to make Tenant’s Alterations (i) which 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 not construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications therefortherefore, 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 approval shall not be unreasonably withheld, delayed or conditioned. 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 (5) 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term.
Appears in 1 contract
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. (a) Tenant shall not construct make or permit any Tenant’s Alterations improvements, installations, 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 additions (i"Alterations") which do not affect the structural in 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 not construct the Leasehold Improvement 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. 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 shall remain Premises, the property of Tenant during Building or 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 thereofProject; provided, however, Tenant may, with Landlord's advance written consent, which consent shall not be unreasonably withheld, make Alterations to the Premises that if do not involve or affect 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 expiration of the Term, Landlord requires Tenant may require the removal of any or all of said Alterations and the restoration of the Premises and the Project to remove any their prior condition, at Tenant’s Alterations, 's expense.
(b) All Alterations permitted by Landlord and made by or on behalf of Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, who shall carry liability insurance of a type and in such amounts as Landlord shall reasonably require, naming Landlord and Tenant as additional insureds, (c) in a good and workmanlike manner, (d) so remove such that same shall be at least equal in quality, 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 Alterations 's Plans") which have been reviewed and approved by Landlord prior to the expiration or sooner termination commencement of the Lease Termrepairs or replacements and approved by, 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"). Notwithstanding the foregoing, All Alterations made by Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which become, upon installation, the following is true: (i) Tenant was required, or elected, to obtain the approval property of Landlord to and remain upon and be surrendered with the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement Premises at the expiration of the Lease Term; and (iii) at the time term, unless Landlord granted its approval, it did requires their removal pursuant to Section 7.02(a). Landlord agrees not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termunreasonably withhold any approvals requested under this Section 7.02(b).
Appears in 1 contract
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Tenant shall not construct make, or suffer to be made, any Tenant’s Alterations alteration or otherwise alter addition to the Premises (“Alterations”), or any part thereof, without obtaining Landlord’s prior written approvalconsent (which consent shall not be unreasonably withheld) 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. Tenant shall be entitled, without Landlord’s prior approval, to make Tenant’s If such Alterations (i) which do not affect the structural or exterior parts or water tight character structure 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 Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in connection with such reviewing Tenant’s Alterations, together do not exceed the Permitted Tenant Alterations Limit specified in Section O of the Summary per work of improvementplans. In the event After obtaining Landlord’s approval for any Tenant’s Alterations is requiredconsent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not construct proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the Leasehold Improvement until Landlord has approved in writing anticipated and actual start-date of the plans and specifications thereforwork, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by (iii) a licensed contractor first approved by Landlordcertificate of occupancy for the work upon completion of the Alterations. All Tenant’s Alterations constructed by Tenant shall be constructed by a licensed general contractor in accordance compliance with all Laws using new materials applicable building codes and laws including, without limitation, the Americans with Disabilities Act 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 1990 as amended from time 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 time. Upon 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 but shall not be altered or removed from the Premises. At the expiration or sooner termination of the Lease TermExpiration Date, all Tenant’s Alterations Alterations, except movable furniture and trade fixtures, shall be surrendered to Landlord as become a part of the realty and belong to Landlord but shall then become Landlord’s propertynevertheless be subject to removal by Tenant (excluding Initial Alterations as defined below) as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, and Landlord shall have no obligation to reimburse Tenant for all lighting, electrical systems, air conditioning, walls, carpeting, or any portion other installation which has become an integral part of the value Premises. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Termand expense. Notwithstanding the foregoing, Tenant shall be entitled, without obtaining Landlord’s consent, to make Alterations which do not be obligated to remove any Tenant’s Alterations with respect to affect the Building structure or mechanical systems and which the following is truedo not cost more than Seventy Five Thousand Dollars ($75,000.00) per Alteration (“Permitted Alterations”); provided, however, that: (i) Tenant was required, or elected, shall still be required to obtain the approval comply with all other provisions of Landlord to the installation of the Leasehold Improvement in questionthis paragraph; and (ii) Landlord may elect to have Tenant remove such Permitted Alterations at the time expiration or earlier termination of the Lease, unless Tenant requested Landlord’s approval, Tenant requested has notified Landlord of such Permitted Alterations prior to commencing construction and received approval from Landlord in writing that Landlord inform Tenant of whether or such Permitted Alterations will not Landlord would require Tenant be required to remove such Leasehold Improvement be removed at the expiration of the Lease Term; Lease. The parties acknowledge that Tenant will make certain improvements to the Premises (“Initial Alterations”) prior to August 31, 2008, such Initial Alterations generally described as (but not limited to) the addition and/or alteration of interior offices, labs, cosmetic improvements, and (iii) at installation of necessary equipment to service the time foregoing. Landlord granted its approval, it did not inform Tenant that it would require Tenant hereby consents to remove such Leasehold Improvement Initial Alterations and waives any right to have such Initial Alterations removed at the expiration or sooner termination of this Lease provided Tenant complies with all provisions of this Section 7.A. In addition to Landlord’s payment of the Lease TermWork Allowance as set forth in Section 7.B. below, Landlord agrees to pay for the cost charged to Tenant by an architect for two preliminary space planning meetings associated with Tenant’s Initial Alterations.
Appears in 1 contract
Sources: Lease Agreement (Data Domain, Inc.)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Except as otherwise set forth in this Lease, Tenant shall not construct cut or drill into or secure any Tenant’s Alterations fixture, apparatus or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitledequipment or make other invasive alterations, without Landlord’s prior approvalimprovements or physical additions (collectively, “Alterations”) of any kind to make Tenant’s Alterations (i) which 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 (other than hanging of artwork or materially altered as otherwise set forth in connection with such Tenant’s Alterationsthe next succeeding sentence) without first obtaining the written consent of Landlord, 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 which consent shall not construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications thereforbe unreasonably withheld, and such Tenant’s conditioned, or delayed. All Alterations shall be constructed substantially completed in compliance with such approved plans all applicable Laws and specifications by Landlord’s guidelines concerning Alterations, which shall be substantially similar to the guidelines attached as Exhibit C-2, as the same may be reasonably updated from time to time to reflect reasonable practices in the industry (the “Alterations Guidelines”). Landlord’s consent shall not be required for any Alteration (regardless of the then applicable Alterations Guidelines) costing less than $100,000.00 and that: (i) is nonstructural; and (ii) does not affect any of the Building MEP systems, involve electrical or drywall work, require a licensed contractor first approved by Landlordbuilding permit, or materially affect the air quality in the Building in an adverse, continuing way. All Tenant’s Alterations constructed by Tenant shall be constructed by a licensed contractor solely responsible for the installation and maintenance of its data, telecommunication, and security systems and wiring at the Premises, which shall be done in accordance compliance with all applicable Laws using new materials 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 authorized or permitted by Landlord) pursuant to this Lease, Tenant acknowledges that: (A) Tenant is not, under any circumstance, acting as the agent of good quality.
B. Tenant shall Landlord; (B) Landlord did not commence construction cause or request such Alterations to be made; (C) Landlord has not ratified such work; and (D) Landlord did not authorize such Alterations within the meaning of any Tenant’s Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by applicable state statutes. Nothing in this Lease have been satisfied, (iii) Tenant has given Landlord at least five days’ prior written notice or in any consent to the making of its intention to commence such construction, and (iv) if reasonably requested Alterations shall be deemed or construed in any way as constituting a request by Landlord, Tenant has obtained contingent liability express or implied, to any contractor, subcontractor, or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord. The Leasehold Improvements are not Alterations for any purpose under this Lease, 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 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 governed by Exhibit C 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Termthis Lease. Notwithstanding the foregoing, Tenant shall not be obligated required to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement Alteration at the expiration of the Lease Term; and Term or sooner termination as to which (iiiI) at the time Landlord granted its approval, it did same is permitted to be constructed or installed without Landlord’s consent in accordance with this Section 9 or (II) if Landlord’s consent to such Alteration does not inform Tenant that it would expressly require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termsame.
Appears in 1 contract
Sources: Lease (Safeguard Scientifics Inc)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Tenant shall not construct make or permit to be made any Tenant’s alterations, additions or improvements (singularly and collectively, “Alterations”) to the 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 alter materially affect the Premises without 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 approval. Tenant consent (which shall not be entitledunreasonably withheld or delayed), without from upgrading or supplementing such systems, utilities and/or services; (iv) Landlord will have approved the final plans and specifications for the Alterations, any subsequent changes thereto, and all contractors and subcontractors who will perform them, which approval shall not be unreasonably withheld or delayed; (v) except as hereinafter provided in subparagraph (e) below with respect to Landlord’s prior approvalTenant Improvement Funds, to make Tenant’s Alterations (i) which do not affect the structural or exterior parts or water tight character of the Building, all costs and (ii) the reasonably estimated cost of which, plus the original cost of any part of the Premises removed or materially altered expenses incurred in connection with such Tenant’s the Alterations, together do not exceed including the Permitted Tenant Alterations Limit specified in Section O construction and installation thereof, the preparation 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 therefor, and such the obtaining of all necessary governmental approvals and permits, will be paid by Tenant; and (vi) Tenant will pay to Landlord the reasonable out-of-pocket costs and expenses incurred by Landlord in reviewing Tenant’s plans and specifications and inspecting the Alterations shall be constructed substantially to determine whether they are being performed in compliance accordance with such 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 licensed contractor first approved by Landlord. All Tenant’s Alterations constructed request by Tenant shall be constructed for consent to any proposed Alterations within ten (10) business days after receipt by Landlord of a licensed contractor written request therefor, accompanied by detailed plans and specifications for the proposed Alterations. The foregoing notwithstanding, Tenant may, without Landlord’s prior written consent (but nevertheless subject to the conditions specified in accordance with all Laws using new materials of good quality.
B. Tenant shall not commence construction of any Tenant’s Alterations until subparts (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 (ivv) if reasonably requested by Landlordabove), Tenant has obtained contingent liability and broad form builders’ risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating make “cosmetic” Alterations 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 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 thereofpremises; provided, however, that if Landlord requires Tenant may not expend more than $25,000.00, in toto, in any one calendar year for such “cosmetic” Alterations without first obtaining Landlord’s prior written consent as provided herein, and, prior to remove commencing any Tenant’s such “cosmetic” Alterations, Tenant shall so remove give Landlord a written notice advising Landlord of such “cosmetic” Alterations and generally describing them. Also, anything herein to the contrary notwithstanding, Tenant acknowledges and agrees that in addition to any other reasonable conditions Landlord may impose as a condition of approving proposed Alterations by Tenant, if such proposed Alterations include a computer room or other Alterations that will have special electrical requirements, Landlord may require that Tenant, at Tenant’s Alterations prior expense, install a separate meter to measure the expiration electricity used by any such computer room or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s other Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termspecial electrical requirements.
Appears in 1 contract
Sources: Sublease Agreement (PRN Corp)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Tenant shall not construct make, or suffer to be made, any Tenant’s Alterations alteration or otherwise alter addition to the Premises (“Alterations”), or any part thereof, without obtaining Landlord’s prior written approvalconsent (which consent shall not be unreasonably withheld) 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. Tenant shall be entitled, without Landlord’s prior approval, to make Tenant’s If such Alterations (i) which do not affect the structural or exterior parts or water tight character structure 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 Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in connection with such reviewing Tenant’s Alterations, together do not exceed the Permitted Tenant Alterations Limit specified in Section O of the Summary per work of improvementplans. In the event After obtaining Landlord’s approval for any Tenant’s Alterations is requiredconsent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not construct proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the Leasehold Improvement until Landlord has approved in writing anticipated and actual start-date of the plans and specifications thereforwork, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by (iii) a licensed contractor first approved by Landlordcertificate of occupancy for the work upon completion of the Alterations. All Tenant’s Alterations constructed by Tenant shall be constructed by a licensed general contractor in accordance compliance with all Laws using new materials applicable building codes and laws including, without limitation, the Americans with Disabilities Act 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 1990 as amended from time 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 time. Upon 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 but shall not be altered or removed from the Premises. At the expiration or sooner termination of the Lease TermExpiration Date, all Tenant’s Alterations Alterations, except movable furniture and trade fixtures, shall be surrendered to Landlord as become a part of the realty and belong to Landlord but shall then become Landlord’s propertynevertheless be subject to removal by Tenant (excluding Initial Alterations as defined below) as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, and Landlord shall have no obligation to reimburse Tenant for all lighting, electrical systems, air conditioning, walls, carpeting, or any portion other installation which has become an integral part of the value Premises. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Termand expense. Notwithstanding the foregoing, Tenant shall be entitled, without obtaining Landlord’s consent, to make Alterations which do not be obligated to remove any Tenant’s Alterations with respect to affect the Building structure or mechanical systems and which the following is truedo not cost more than Seventy Five Thousand Dollars ($75,000.00) per Alteration (“Permitted Alterations”); provided, however, that: (i) Tenant was required, or elected, shall still be required to obtain the approval comply with all other provisions of Landlord to the installation of the Leasehold Improvement in questionthis paragraph; and (ii) Landlord may elect to have Tenant remove such Permitted Alterations at the time expiration or earlier termination of the Lease, unless Tenant requested Landlord’s approval, Tenant requested has notified Landlord of such Permitted Alterations prior to commencing construction and received approval from Landlord in writing that Landlord inform Tenant of whether or such Permitted Alterations will not Landlord would require Tenant be required to remove such Leasehold Improvement be removed at the expiration of the Lease Term; Lease. The parties acknowledge that Tenant will make certain improvements to the Premises (“Initial Alterations”) proposed and/or completed prior to January 1, 2009 such Initial Alterations generally described as (but not limited to) the addition and/or alteration of interior offices, cosmetic improvements, and (iii) at installation of necessary equipment to service the time foregoing. Landlord granted its approval, it did not inform Tenant that it would require Tenant hereby consents to remove such Leasehold Improvement Initial Alterations and waives any right to have such Initial Alterations removed at the expiration or sooner termination of this Lease provided Tenant complies with all provisions of this Section 7.A. Tenant shall pay all costs associated with the Lease TermInitial Alterations.
Appears in 1 contract
Sources: Lease Agreement (Data Domain, Inc.)
Tenant’s Alterations. Construction by (a) The Tenant of Tenant's Alterations shall be governed by the followingnot:
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 (i) make or cause to be made any alterations to the Lease Area;
(ii) make or cause to be made any alteration or addition to the Tenant Improvements; or
(iii) erect, construct or place, or cause to be erected, constructed or placed, on the Lease Area any building, structure or improvement, without first obtaining the Landlord's written consent, which do consent shall not affect be unreasonably withheld or unreasonably delayed. Such consent is separate and apart from any building or other permits or permissions the structural Tenant may require from the CCRD or exterior parts or water tight character pursuant to any applicable Enactment.
(b) When seeking the Landlord's consent as required by this Section 14.2, the Tenant shall present to the Landlord plans and specifications of the Buildingproposed alterations, additions or improvements, in a form acceptable to the Landlord, and may not commence work until the Tenant has received the Landlord's written consent.
(c) The Tenant shall promptly pay all contractors, material suppliers and workmen so as to minimize the possibility of a lien attaching to any part of the Airport and should any claim of lien be made or filed the Tenant shall discharge the same in accordance with Section 18.3.
(d) The Tenant shall post and keep posted all notices in connection with any work to be performed by or on behalf of the Tenant on the Lease Area in order to prevent any lien or claim of lien being noted or filed or otherwise constituting an encumbrance on any title of the Landlord, all in such form and locations as may be approved by the Landlord.
(e) The Tenant covenants and agrees that, as a condition of any consent granted by the Landlord pursuant to this Section 14.2, it will design, install, construct and use such Tenant Improvements on the Lease Area in accordance with the terms and provisions of this Agreement, at its own cost.
(f) Without limiting Section 14.2(e), all work to be performed by or on behalf of the Tenant on the Lease Area shall be performed in accordance with the requirements, terms and conditions specified in any consent given by the Landlord, by competent contractors and subcontractors.
(g) Before commencing any work on the Lease Area referred to in Section 14.2(a) the Tenant shall:
(i) furnish proof of self-insurance acceptable to the Landlord; and
(ii) provide copies of the contractor indemnity, liability insurance and performance bonds as issued to the Tenant.
(h) The Tenant shall perform and comply with the following covenants and requirements in the construction of any work referred to in Section 14.2(a):
(i) all necessary permits and Licenses shall be obtained and all legal requirements pertaining to the conduct of the work shall be complied with;
(ii) the reasonably estimated cost work shall be conducted expeditiously in a good and workmanlike manner and otherwise in accordance with the provisions of whichthis Agreement and all applicable Enactments;
(iii) the Tenant shall properly supervise the work;
(iv) the Tenant must require any contractor engaged on the work to furnish and maintain security, plus indemnity, liability insurance and performance bonds and copies must be provided to the original cost Landlord;
(v) the Landlord and its agents, Architect or Engineer and any other person designated, from time to time, by the Landlord, shall at all times have the right to inspect the work and to protest to the Tenant or to its Architect or Engineer any default or non- compliance with this Agreement, and the Tenant shall forthwith deal with the protest and remedy any default or noncompliance;
(vi) the Landlord may require the Tenant at its own expense to submit, at reasonable intervals, certificates of the Tenant’s Architect or Engineer of the standing of the work, the existence and extent of any part faults or defects, the value of the Premises removed work then done and remaining to be done under any contract, the amount owing to any contractor and the amounts paid or materially altered retained by the Tenant on any contract, and the Tenant shall also, whenever requested by the Landlord, furnish copies or certificates furnished to it by contractors or by the Tenant’s Architect or Engineer in connection with construction; and
(vii) the Tenant shall supply the Landlord with one complete and accurate copy in such Tenant’s Alterations, together do not exceed form as prescribed from time to time by the Permitted Tenant Alterations Limit specified in Section O Landlord (which may include computer diskette and/or pdf) 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 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. 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 as-built drawings of any Tenant’s Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed work performed 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 but shall not be altered or removed from the Premises. At the expiration or sooner termination on behalf of the Lease Term, all Tenant’s Alterations shall be surrendered to Landlord as part Tenant no later than SIXTY (60) days following the completion 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termwork.
Appears in 1 contract
Sources: Land Lease Agreement
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. The Tenant shall not construct make any Tenant’s Alterations alteration, -------------------- addition or otherwise alter improvement to the Premises 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 's prior written approvalconsent, which shall not be unreasonably withheld. 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 reasonable conditions upon the granting of its approval of any alteration or improvement, including but not limited to requirements that the work be entitledperformed 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, without Landlord’s prior approvaladdition 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 make Tenant’s Alterations (i) which do not affect unreasonably interfere with the structural or exterior parts or water tight character use and enjoyment of the Building, and (ii) the reasonably estimated cost of which, plus the original cost of any part remainder of the Premises removed Property by any other tenant or materially altered other person. All such alterations and improvements shall comply in connection all respects with such Tenant’s Alterationsany and all applicable federal, together do state and local laws, ordinances and regulations, including but not exceed limited to the Permitted Tenant Alterations Limit specified in Section O of the Summary per work of improvementAmericans With Disabilities Act and regulations promulgated thereunder. In the event Landlord’s approval for any Tenant’s Alterations is requiredFurthermore, Tenant shall not construct indemnify Landlord from all damages, losses or liability arising from such alterations or improvements or the Leasehold Improvement 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 construction thereof by a licensed contractor first approved Tenant or by any other party other -than Landlord. All Each alteration, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises (excepting only Tenant’s Alterations constructed by Tenant 's furniture, equipment and trade fixtures) 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 become Landlord's property 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 upon the property of Tenant during the Lease Term but shall not be altered or removed from the Premises. At Premises at the expiration or sooner termination of the this Lease Term, all without compensation to 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, that if Landlord requires Tenant shall have the right to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement 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 expiration provisions of the Lease Term; and (iii) at the time S)1.03 of this Lease, which required removal shall be specified by Landlord granted its approval, it did not inform Tenant that it would require Tenant when Landlord consents to remove such Leasehold Improvement at the expiration of the Lease TermTenant's requested alterations.
Appears in 1 contract
Sources: Office Lease Agreement (American Pharmaceutical Partners Inc /Ca/)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Tenant shall not construct cut, drill into or secure any Tenant’s Alterations fixture, apparatus or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitledequipment or make alterations, without Landlord’s prior approvalimprovements or physical additions (collectively, "Alterations") of any kind to make Tenant’s Alterations (i) which 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 without first obtaining the written consent of Landlord, such Tenant’s Alterationsconsent not to be unreasonably withheld, 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 therefor, and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans all Laws. With respect to all Alterations made after the date hereof, other than those expressly made by Landlord pursuant to this Lease, Tenant acknowledges 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.agrees that
B. Tenant shall not commence construction of any Tenant’s Alterations until (i) all required governmental approvals and permits have been obtainedTenant is not, under any circumstance, acting as the agent of Landlord; (ii) all requirements regarding insurance imposed by this Lease have been satisfied, Lru1d!ord did not cause or request such Alterations to be made; (iii) Tenant Landlord has given Landlord at least five days’ prior written notice of its intention to commence not ratified such construction, work; and (iv) if reasonably requested Landlord did not authorize such Alterations within the meaning of Section 43 3 of the Code of Virginia or any amendment thereof All Alterations (whether temporary or permanent in character) made in or upon the Premises, either by LandlordLandlord or Tenant, Tenant has obtained contingent liability shall be Landlo1'd's property upon installation 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 on the property of Premises without compensation to Tenant during the Lease Term but shall not be altered or removed from the Premises. At unless Landlord provides written notice to Tenant to remove same at the expiration or sooner termination of the Lease Termthis Lease, 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, in which event Tenant shall so promptly remove such Tenant’s Alterations prior and restore the Premises to the expiration or sooner termination of the Lease Termgood order and condition. Notwithstanding the foregoing, Tenant shall not be obligated Landlord has consented to remove any Tenant’s Alterations with respect 's initial up-fit of the Premises pursuant to which the plans attached hereto as Exhibit "D" ("Tenant's Initial Work"). Further, the following is true: (i) Tenant was required, items of Tenant's Initial Work shall at all times remain Tenant's property and may be removed on or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at before the expiration of the Lease Term; ▇▇▇▇▇ Tenant, at Tenant's sole cost and (iii) e:XJ>ense, and so long as Tenant repairs any damage occasioned by the removal of such item, s and restores_ the Premises to at least as good of a condition as existed as the time Landlord granted its approvaldate of this Lease, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration ordinary wear and tear excepted: All parts of the Lease TermTenant's laboratory space.
Appears in 1 contract
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 entitledresponsible for the interior improvements, without Landlord’s prior approval, to make after occupancy by Tenant’s Alterations (i) which do not affect the structural or exterior parts or water tight character of the Building, and (ii) except for the reasonably estimated cost installation and location of whichsigns, plus the original cost of any part of the Premises removed or materially altered in connection with such Tenant’s Alterationsequipment, 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 requiredcounters and other removable trade fixtures, and except as herein mentioned, Tenant shall neither make any alteration on or additions to the leased premises nor make any agreement or contract therefore without first obtaining Landlord's prior written consent, which said consent shall not construct the Leasehold Improvement 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 Landlordunreasonably withheld. All Tenant’s Alterations constructed alterations, additions or improvements made 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 obtainedto or upon the leased premises, (ii) all requirements regarding insurance imposed by this Lease have been satisfiedexcept signs, (iii) Tenant has given Landlord at least five days’ prior written notice of its intention to commence such constructionequipment, counters, other removable trade fixtures 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 interior decorations which shall remain the property of Tenant during and removable by them) shall at once, when made or installed, be deemed to have attached to the Lease Term but freehold and become Landlord's property. At the termination of this Lease, and without notice, Tenant shall not be altered immediately remove all their property. If Tenant fails to do so, Landlord may (upon notice) remove and store the same at Tenant's expense. Tenant will promptly reimburse Landlord for the expense of such removal and storage, upon receiving Landlord's statement. If tenant fails to pay for such expense 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. It is further agreed that anything remaining upon or removed from the Premises. At leased premises thirty days after the expiration or sooner termination of this Lease shall become the Lease Termproperty of Landlord, all Tenant’s Alterations shall be surrendered at Landlord's option, subject to the rights reserved 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the in this Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termhereinbefore set forth.
Appears in 1 contract
Sources: Commercial Lease Agreement (Insurance Management Solutions Group 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 (i) which do not affect Provided Tenant has secured the structural or exterior parts or water tight character of the Buildingprior written consent by Landlord, and (ii) subject to the reasonably estimated cost provisions 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 requiredParagraph 11(e), Tenant shall not construct may, at Tenant's expense, make installations and other alterations to the Leasehold Improvement until Landlord has approved in writing the plans and specifications thereforDemised Premises which are non-structural, and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor using contractors first approved by Landlord, such consents and approvals not to t be unreasonably withheld by Landlord. All Tenant shall, at its expense, obtain 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 deliver promptly duplicates of all such permits, approvals, and certificates to Landlord. Tenant agrees to carry or will cause Tenant’s Alterations constructed 's contractors and subcontractors to carry such workmen's compensation, general liability, and personal and property damage insurance as Landlord may reasonably require. Certificates evidencing such insurance coverage shall be delivered to Landlord prior to commencing any such installations or alterations. Any increase in any Real Estate Taxes as a result of such installations and other alterations by Tenant shall be constructed paid entirely by a licensed contractor in accordance with all Laws using new materials of good qualityTenant.
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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated permitted to remove make aesthetic, non-material alterations (such as painting, wall covering, floor covering, etc.) without the prior written consent of Landlord. All fixtures and all paneling, partitions, and like installations and other alterations made in the Demised Premises at any time, either by Tenant or by Landlord on Tenant’s Alterations with respect to which 's behalf, shall, upon installation, become the following is true: (i) Tenant was required, or elected, to obtain the approval property of Landlord and shall remain upon and be surrendered with the Demised Premises, except as provided in this subparagraph and subparagraph (iii) of this Paragraph 11(d). Upon the issuance of Landlord's consent to the installation of the Leasehold Improvement in question; (ii) at the time any proposed alteration, Landlord shall also advise Tenant requested Landlord’s approval, as to whether Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant will be required to remove such Leasehold Improvement at alteration upon the expiration of the Lease Lease. With respect to improvements made without Landlord's consent, Landlord shall have the right, by notice to Tenant no later than thirty (30) days prior to the end of the Term; , to elect to have the improvements removed by Tenant, and Tenant shall remove the improvements and repair and restore the Demised Premises prior to the end of the Term, at Tenant's expense.
(iii) Nothing in this Paragraph shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures or movable office furniture and equipment, but upon removal of any such equipment and fixtures from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the time Landlord granted its approvalDemised Premises to the condition existing prior to installation, it did not inform ordinary wear and tear excepted, and Tenant that it would require Tenant shall repair any damage to remove the Demised Premises or the Building due to such Leasehold Improvement at the expiration of the Lease Termremoval.
Appears in 1 contract
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. (a) Tenant shall not construct make any Tenant’s Alterations alterations, additions or otherwise alter other physical changes in or about the Premises without Landlord’s prior written approval. Tenant shall be entitled(collectively, "ALTERATIONS") other than decorative Alterations such as painting, wall coverings and floor coverings (collectively, "DECORATIVE ALTERATIONS"), without Landlord’s 's prior approvalconsent, to make Tenant’s which consent shall not be unreasonably withheld if such Alterations (i) which are non-structural and do not affect any Building Systems, (ii) affect only the Premises and are not visible from outside of the Premises, (iii) do not affect the structural certificate of occupancy issued for the Building 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 not construct the Leasehold Improvement 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. 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 constructionPremises, and (iv) if reasonably requested by do not violate any Requirement. 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 but 's consent shall not be altered or removed required for any Alterations ("ACCEPTABLE ALTERATIONS") which are non-structural and (a) do not affect Building Systems, (b) affect only the Premises and are not visible from outside of the Premises, (c) do not affect the certificate of occupancy issued for the Building or the Premises, and (d) do not violate any Requirement or cause the Premises or Building to be non-compliant with any Requirement, provided that the cost of such Alterations (and the cost of any Alterations which are part of a single unified project shall be aggregated for the purpose of determining cost) does not exceed $100,000. At If the expiration or sooner termination performance of any Alterations requires access by Tenant to space occupied by any other party, then Landlord will cooperate with Tenant, at no cost to Landlord, to effectuate such access, subject to the lease of the Lease Termoccupant of such space and the 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 such occupant to enter the space and perform the Alterations on behalf of Tenant. Tenant shall reimburse Landlord, within thirty (30) days after demand, for all reasonable out-of-pocket costs actually incurred by Landlord in connection with the performance of such 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’s , 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 surrendered subject 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 also deliver to Landlord as part upon request copies 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement contracts in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing order that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at can confirm that the expiration of the Lease Term; and (iii) at the time Landlord granted its approvalAlterations in question are, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termin fact, Acceptable Alterations.
Appears in 1 contract
Sources: Lease (Franklin Resources 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. (a) Tenant shall be entitledentitled to make alterations, additions or other physical changes in or about the Premises (collectively, "Alterations"), without Landlord’s 's prior approvalconsent (but where consent is required, to make Tenant’s Alterations the scope of same shall be defined in the next succeeding sentence), provided that such proposed Alterations: (i) which are decorative (such as painting, wall covering and carpeting) ("Decorative Alterations"), (ii) affect only the Building, (iii) do not adversely affect the structural or exterior parts or water tight character of non-residential use permit issued for the Building, and (iiiv) 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 improvementchange or alter any surface parking, except to a de minimis extent. In the event Landlord’s approval 's prior consent shall be required for any Tenant’s Alterations is requirednot meeting the foregoing criteria, Tenant which consent shall not construct be within Landlord's sole discretion for Alterations that are structural or affect the Leasehold Improvement until Landlord has approved in writing the plans and specifications thereforBuilding's facade, 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 shall remain the property of Tenant during the Lease Term but which consent shall not be altered unreasonably withheld, conditioned or removed from delayed for any other such Alterations (including those that affect the PremisesBuilding Systems, the Parking Garage and landscaping). At If Landlord fails to respond to any request to approve any plans or contractors within eleven (11) Business Days, then the request shall be deemed approved. The Initial Installations and each subsequent Alteration, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord's Property (excluding FF&E (which FF&E shall include trade fixtures and systems furniture, but shall exclude true real estate fixtures), any generator, any uninterrupted power source, and any free-standing computer HVAC equipment, and any other item so designated by Landlord at the time of Landlord's approval), and shall remain upon the Premises at the expiration or sooner termination of the this Lease Termwithout compensation to Tenant, all Tenant’s Alterations shall be surrendered subject 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease TermSection 5.3.
Appears in 1 contract
Sources: Deed of Lease (Verisign Inc/Ca)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations --------------------- shall be governed by the following:
A. Tenant shall not construct any Tenant’s 's Alterations or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitled, without Landlord’s 's prior approval, which shall not be unreasonably withheld or delayed to make Tenant’s 's Alterations (i) which 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 's Alterations, together do not exceed the Permitted Tenant Alterations Limit specified in Section O 0 of the Summary per work of improvement. In the event --------- Landlord’s 's approval for any Tenant’s 's Alterations is required, Tenant shall not construct the Leasehold Improvement Tenant's Alterations until Landlord has approved in writing the plans and specifications therefor, and such Tenant’s 's Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed licences contractor first approved reasonably approval by Landlord. All Tenant’s Tenants 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 '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 '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 's Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord’s 's property, and Landlord shall 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 's Alterations, Tenant shall so remove such Tenant’s 's Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s 's Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval avotaval of Landlord to the installation of the Leasehold Improvement Tenant Alterations in question; : (ii) at the time Tenant requested Landlord’s 's approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement Tenant Alterations at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement Tenant Alterations at the expiration of the Lease Term.
Appears in 1 contract
Sources: Lease (Quicklogic Corporation)
Tenant’s Alterations. Construction (a) Except for completion of TI Work undertaken by Tenant pursuant to the Work Letter, the following provisions shall apply to the completion of Tenant's Alterations shall be governed by the followingany Tenant Alterations:
A. (1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not construct be unreasonably withheld, conditioned, or delayed, make or cause to be made any Tenant’s Tenant Alterations in or otherwise alter to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) 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 or to otherwise object to such Tenant Alterations, as may be provided herein. Subject to all other requirements of this Article Nine, Tenant may undertake Permitted Alterations without Landlord’s prior written approvalconsent, but Tenant shall coordinate scheduling with Landlord’s property manager to avoid any disruption of other work being performed in or about the Building or the Project. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be entitledcompleted at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed, and whose work will not cause or threaten to cause material disharmony or interference with Landlord or other tenants in the Building or the Project and their respective agents and contractors performing work in or about the Building or the Project. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving (which approval will not be unreasonably withheld, conditioned, or delayed) 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 materially and 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’s prior approval. Upon completion of the Tenant Alterations, Tenant shall deliver to make Tenant’s Landlord 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 Property or Building occasioned thereby. 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) which do not affect the structural or exterior parts or water tight character in accordance with all Laws, Environmental Laws, all requirements of the Buildingapplicable insurance companies and in accordance with Landlord’s standard, commercially reasonable construction rules and regulations, and (ii) in a good and workmanlike manner with the reasonably estimated cost use of which, plus the original cost good grades of materials. Tenant shall notify Landlord promptly if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall promptly take such steps as are reasonably 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 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 removed or materially altered in connection with such Tenant’s Alterations, together do not exceed and the Permitted Tenant Alterations Limit specified in Section O property 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 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. 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 the time of its intention to commence such constructiontheir installation and shall remain in the Premises, 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 unless pursuant to Article 9.
C. All Tenant’s Alterations shall remain the property of Twelve, Tenant during the Lease Term but shall not be altered may remove them or removed from the Premises. At the expiration or sooner termination of the Lease Term, all Tenant’s Alterations shall be surrendered is required to Landlord as part of the realty and shall then become remove them at Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereofrequest; provided, however, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior notwithstanding anything in this Article Nine or in Article Twelve to the expiration or sooner termination contrary, subject to Section 6.04 with respect to removal of the Lease Term. Notwithstanding the foregoingelectronic, fiber, phone and data cabling, wiring and related equipment, Tenant shall not be obligated required to remove any Tenant’s Alterations or all of the TI Work or any Tenant Alterations, unless, with respect to which the following is true: (i) any Tenant was requiredAlterations, or elected, Landlord notified Tenant of any such removal requirement prior to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time such Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease TermAlterations.
Appears in 1 contract
Sources: Lease Agreement (PBSJ Corp /Fl/)
Tenant’s Alterations. Construction by Tenant of Tenant's ’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 (i) which do not affect the structural or exterior parts or water tight character of any building on the BuildingPremises, 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 leasehold improvement until Landlord has approved in writing the plans and specifications therefortherefore, 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement leasehold improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement leasehold improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement leasehold improvement at the expiration of the Lease Term.
Appears in 1 contract
Sources: Lease Agreement
Tenant’s Alterations. Construction by Except as otherwise expressly contained herein, Tenant of shall perform all work necessary or desirable to make the Demised Premises suitable for Tenant's Alterations ’s use and occupancy at Tenant’s sole cost and expense, which work shall be governed by subject to, and performed in accordance with, the followingfollowing conditions of this Article:
A. Except as otherwise expressly provided below, Tenant shall not construct make no alterations, installations, additions, improvements, and/or changes in or to the Demised Premises of any nature, including, without limitation, Tenant’s Alterations or otherwise alter the Premises Initial Work (each, an “Alteration”) without Landlord’s prior written consent, which consent, subject to the further provisions of this Article, shall not be unreasonably withheld, conditioned or delayed with respect to Alterations which (i) are non-structural in nature, (ii) do not affect plumbing, electrical, heating, ventilation, air-conditioning, security/fire alarm communication systems, structural elements, or the exterior of the Demised Premises, (iii) are not reasonably likely, in Landlord’s judgment, exercised in good faith, to increase the levels of sound, noise, vibrations and deflection detectable outside of the Demised Premises, and (iv) are performed by contractors and subcontractors first approved in each instance by Landlord (which approval, in the case of alterations complying with clauses (i)-(iii), shall not be unreasonably withheld).
B. Prior to commencing any Alterations, except Cosmetic Alterations, Tenant shall submit all plans and specifications therefor and a list of the names and addresses of the contractors and subcontractors Tenant proposes to engage to perform such Alterations to Landlord for Landlord’s prior written approval, and Tenant shall not, without first obtaining Landlord’s prior written approval, make any changes or modifications to any plans and specifications or contractors and subcontractors previously approved by Landlord. Tenant shall be entitled, without provide “CAD” drawings transmitted electronically to Landlord and two (2) full size sets and two (2) reduced size sets of paper drawings delivered to Landlord’s prior approvaladdress as set forth herein. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alterations, and contractors or subcontractors, is solely for Landlord’s benefit and shall not be deemed to constitute any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness, or efficiency thereof or their compliance with applicable Legal Requirements and does not constitute a waiver by Landlord of Landlord’s right to thereafter require Tenant to amend the same and/or correct Alterations performed in accordance therewith to the extent required to cause the same to comply with applicable Legal Requirements, to make correct adverse effects on the plumbing, electrical, heating, ventilation, air-conditioning, security/fire alarm communication systems, structural elements, or the exterior of the Demised Premises. In connection with the review of the plans and specifications for any structural Alterations or Alterations affecting any Building system(s), Tenant shall pay to Landlord, within thirty (30) days following demand therefor, all reasonable out-of-pocket third-party costs incurred by Landlord in connection with such review.
C. Landlord agrees to notify Tenant of its approval or disapproval of Tenant’s submission of Tenant’s plans and specifications for the proposed Alterations (including Tenant’s Initial Work) within fifteen (15) business days after Tenant’s delivery of same to Landlord. If Landlord fails to respond to Tenant within such 15-business day period, then Tenant may send to Landlord a notice (the “Second Notice”) which shall state in bold and capitalized lettering that if Landlord fails to respond to the submission of such plans and specifications within five (5) business days after Landlord’s receipt of the Second Notice and the applicable plans and specifications, then Landlord’s approval of the work set forth in the plans and specifications shall be deemed approved, and, if, Tenant sends the Second Notice as provided herein and Landlord fails to respond to such Second Notice within five (5) business days of its receipt thereof, then Landlord will be deemed to have approved the work set forth in such plans and specifications.
D. Before commencing any Alterations or other improvement or installation (and for the duration of the performance thereof), Tenant shall, at its expense, (i) which do not affect obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies (including, without limitation, the structural Loft Board) for or exterior parts or water tight character in connection with such Alterations and promptly deliver originals of the Buildingsame (or true copies thereof if such originals are required by law to be kept on the Demised Premises) to Landlord, and (ii) the reasonably estimated cost of which, plus the original cost obtain and carry or cause Tenant’s contractors (of any tier) and vendors to obtain and carry, all such insurance coverage as required pursuant to the terms of EXHIBIT E attached hereto and made a part hereof, and deliver Landlord certificates of Tenant’s or all such contractors’ (of any tier) and vendors’ insurance evidencing such coverage. Tenant, at Tenant’s sole cost and expense, may (but shall not be required to) use Landlord’s designated expediter for all required filings, plan review, and final sign-offs in order to ensure that proposed construction plans are in compliance with Legal Requirements (including obtaining all approvals, permits and certificates from the Loft Board. Landlord, at Tenant’s expense, shall cooperate with Tenant to obtain any necessary permits and approvals required for the performance of Tenant’s approved Alterations, including, without limitation, signing applications and/or other paperwork required by the New York City Department of Buildings (the “DOB”) with respect to such Alterations. Tenant acknowledges and agrees that if Tenant fails to provide Landlord with the required sign-offs from the DOB, or any city agency or other governmental authorities having jurisdiction thereof, following thirty (30) days’ notice, Landlord shall have the right, at Tenant’s sole cost and expense, to take all action required to obtain the same, and that Landlord may use and apply any sums held by Landlord in escrow for such purpose toward the cost thereof, including, without limitation, any attorneys’ fees and costs incurred by Landlord in connection therewith.
E. Tenant hereby agrees that in the performance of any Alterations: (i) neither Tenant nor its agents, contractors, or employees shall interfere with any work being done by Landlord or other tenants of the Premises removed Building and its or materially altered in connection with such Tenant’s Alterationstheir contractors, 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 thereforagents, and such employees, or with the normal activities of other tenants; (ii) that Tenant’s Alterations shall be constructed substantially completed with reasonable dispatch in a good and workmanlike manner, in substantial accordance with the plans and specifications previously approved by Landlord by those contractors and subcontractors previously approved by Landlord, and in compliance with such approved plans and specifications by a licensed contractor first approved any conditions reasonably imposed by Landlord. All , all Legal Requirements, all rules and regulations now or hereafter reasonably established by Landlord for the Building, consistently applied to all tenants and occupants in the Building and provided in writing to Tenant, and in a manner which, at a minimum, comports with those customary standards employed by contractors in New York City in buildings of like kind and class; (iii) that Landlord shall not be responsible for any structural defect, latent or otherwise, in the Demised Premises, nor change of conditions elsewhere in the Building or in the Demised Premises with respect to the foregoing, directly resulting from or in connection with Tenant’s Alterations constructed by Tenant (including Tenant’s Initial Work) (except to the extent that any required change in the Building shall be constructed by due to a licensed contractor Legal Requirement generally applicable to owners of commercial office buildings and applicable to portions of the Building outside the Demised Premises), or for any damages to the same or to goods or things contained or placed in accordance the Demised Premises or in the vicinity thereof resulting from or in connection 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 Alteration; (iv) if reasonably requested by Landlordthat Tenant, Tenant has obtained contingent liability at its sole cost 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 but shall not be altered or removed from the Premises. At the expiration or sooner termination of the Lease Termexpense, all Tenant’s Alterations shall be surrendered obligated to Landlord as part of connect into and coordinate its security and/or fire alarm systems with those systems existing in the realty and shall then become Landlord’s property, and Building; (v) that Landlord shall have no obligation the right, at its sole cost and expense, to reimburse Tenant inspect, or cause to be inspected, work in progress for all the purpose of confirming its compliance with the provisions of this Article 5; (vi) if any Alteration affects or is reasonably likely to impact any structural portion of the Building, any Building system, or any portion of the value Building outside of the Demised Premises, Landlord (if Landlord has consented thereto) shall have the right to designate (x) the engineer that designs the applicable Alteration (or the portion thereof that affects or is reasonably likely to impact such structural portion of the Building, Building system, or portion of the Building outside of the Demised Premises), and (y) the contractors, subcontractors and/or laborers that performs the Alteration (or the portion thereof that affects or is reasonably likely to impact such structural portion of the Building, Building system, or portion of the Building outside of the Demised Premises), provided that in each instance, such engineer, contractor, subcontractor or laborer, as applicable, charges rates that are reasonably competitive with engineers, contractors, subcontractors or laborers (as applicable) of comparable skill and experience operating within the vicinity of the Building. In respect of each of the rules and regulations promulgated by Landlord and made applicable to Tenant herein, Landlord will use commercially reasonable efforts to enforce any rules and regulations so promulgated against any other tenant or occupant of the Building which is interfering with the use or occupancy by Tenant of the Demised Premises.
F. After any Tenant’s Alteration, but excluding Cosmetic Alterations, is substantially complete, Tenant shall provide to Landlord, at its own cost thereofand expense, (i) within sixty (60) days, proof that all open work applications have been signed off, including, without limitation, electrical sign-offs and any other sign-offs required from any Governmental Authorities claiming jurisdiction over said Alteration, and (ii) within ninety (90) days, so-called “as built” drawings for such Alterations as well as “as-built” “CAD” drawings and in electronic (PDF) format and printed hard copies of said “as-built” drawings. The so-called “as built” plans shall accurately reflect the then-existing conditions of the Demised Premises, including but not be limited to construction, mechanical, electrical and HVAC plans and specifications. In addition, such “as-built” plans shall reflect any changes to the plans and specifications approved by Landlord. Any subsequent changes to the Demised Premises must be performed in accordance with this Article 5 and the other relevant provisions of this Lease, and shall similarly be documented and provided to Landlord.
G. In addition, within ninety (90) days after any Tenant’s Alteration is substantially complete, Tenant shall deliver to Landlord, DOB letters of completion, or so called ‘sign offs’ relating to the same (“Completion Letters”), together with any and all other required DOB approvals, permits, and approvals from all other governmental agencies having jurisdiction over Tenant’s Alterations, including but not limited to the Bureau of Electric Control and the like. Notwithstanding the foregoing, Tenant’s architect may so “self-certify” such aspect of Tenant’s Alterations; provided, however, that if Tenant shall first deliver to Landlord requires an executed POC-1 Letter, in the form of EXHIBIT D annexed hereto and made a part hereof (the “POC-1 Letter”), to further indemnify Landlord from possible liability that may result from Landlord permitting Tenant to remove allow its architect to self-certify any aspect of Tenant’s Alterations. The additional indemnity set forth in the POC-1 Letter shall remain in effect for the entire Term.
H. Tenant will indemnify and save Landlord harmless from and against any and all claims, fines charges, liabilities, obligations, penalties, causes of action, suits, liens, damages, costs and expenses, including, without limitation, reasonable attorneys’ and other expert and third-party fees and costs (“Claims”), which may be imposed upon or incurred by or asserted against Landlord by reason of any of the following occurring during the Term:
(i) any work or thing done by Tenant or Tenant’s subtenants, assignee, or licensee, or any agent, contractor, employee, licensee or invitee of any such party in, on or about the Demised Premises or any part thereof except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors;
(ii) any use, possession, occupation, operation, maintenance, management, or condition caused by Tenant of, to, or in the Demised Premises, except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors or to the extent the same results from any failure by Landlord, its agents, employees or contractors, to perform an obligation of Landlord pursuant to an express provision hereunder; and
(iii) all Claims whatsoever brought by anyone whomsoever arising or growing out of or in any way connected with the Tenant’s use, operation and maintenance of the Demised Premises; except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors or which result from any failure by Landlord, its agents, employees or contractors, to perform an obligation of Landlord pursuant to an express provision hereunder and any accident, injury, or damage to any person or property occurring in the Demised Premises or any part thereof except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors.
I. Notice is hereby given that Landlord shall not, under any circumstances, subject to Tenant’s Allowance (as hereinafter defined), be liable to pay for any work, labor or services rendered or materials furnished to or for the account of Tenant upon or in connection with the Demised Premises, and that no mechanic’s or other liens for work, labor or services rendered or materials furnished to or for the account of Tenant shall, under any circumstances, attach to or affect the reversionary or other estate or interest of the Landlord in or to the Demised Premises or in and to any alterations, repairs or improvements to be erected or made thereon. Tenant hereby agrees to use commercially reasonable efforts to include the foregoing clause in any contract for work, labor, or services to be rendered or materials furnished to or for the account of Tenant upon or in connection with the Demised Premises.
J. Tenant shall not suffer nor permit, during the term hereby granted, any mechanic’s or other liens for work, labor, services or materials rendered or furnished to or for the account of the Tenant upon or in connection with the Demised Premises or to any improvement erected or to be erected upon the same, or any portion thereof; and it is understood that Tenant shall obtain and deliver to Landlord unconditional written waivers of mechanic’s liens from all contractors, subcontractors, materialmen, architects, engineers and other persons or entities who may file a lien against the Building in connection with such work, labor, services, materials, or improvements in the form attached hereto and made a part hereof as EXHIBIT C. Additionally, Tenant shall so remove such Tenant’s indemnify, defend, and hold the Landlord and the Demised Premises harmless from all liens or charges of whatever nature or description arising from, or in consequence of, any Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, improvements that Tenant or any person claiming through or under Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was requiredmake, or electedcause or permit to be made, upon the Demised Premises. If a notice of mechanic’s lien be filed against the Demised Premises for labor or materials alleged to obtain the approval of Landlord have been furnished, or to the installation of the Leasehold Improvement in question; (ii) be furnished at the time Demised Premises to or for Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term.or
Appears in 1 contract
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. The Tenant shall not construct make any Tenant’s Alterations alteration, addition or otherwise alter 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 (but not including any interior cosmetic or decorative alterations), without the Landlord’s 's prior written approvalconsent, which shall not be unreasonably withheld. Tenant shall provide 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 entitled, without performed only by bonded contractors or that Landlord itself perform the work with the Tenant to reimburse Landlord’s prior approval, to make Tenant’s Alterations (i) which do not affect the structural or exterior parts or water tight character 's out-of-pocket costs of the Buildingalteration 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 shall hold the Landlord harmless from any cost incurred on account thereof), and (ii) at such time and in such manner as to not unreasonably interfere with the reasonably estimated cost of which, plus the original cost of any part use and enjoyment 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 remainder of the Summary per work of improvementProperty by any other tenant (if any). In If Landlord requires that Landlord itself perform the event Landlord’s approval for work, the requisite contract(s) shall be based on competitive bidding by contractors reasonably acceptable to Tenant. All such alterations, signs and improvements shall comply in all respects with any Tenant’s Alterations is requiredand all applicable federal, state and local laws, ordinances and regulations, including but not limited to the Americans With Disabilities Act and regulations promulgated thereunder, as well as any applicable zoning laws and title covenants. Furthermore, Tenant shall not construct indemnify Landlord from all damages, losses or liability arising from such alterations or improvements or the Leasehold Improvement 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. All Tenant’s Alterations constructed construction thereof by Tenant shall be constructed or by a licensed contractor in accordance with all Laws using new materials of good qualityany other party other than Landlord.
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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Tenant’s Alterations. Construction by A. During the Lease Term, Tenant will make no material alterations, additions or improvements in or to the Premises, of Tenant's Alterations shall be governed by any kind or nature, including, but not limited to, alterations, additions or improvements in, to, or on telephone or computer installations, without the following:
A. Tenant prior written consent of Landlord, which consent shall not construct any Tenant’s Alterations be unreasonably withheld, delayed, or otherwise alter the Premises without Landlord’s prior written approvalconditioned. Tenant shall be entitled, without Landlord’s prior approval, submit to make Tenant’s Alterations (i) which do not affect the structural or exterior parts or water tight character Landlord detailed plans and drawings and specifications of the Buildingproposed alterations, and (ii) additions or improvements including the reasonably estimated cost type of whichmaterials to be used, plus at the original cost of time Landlord's consent is sought. Should Landlord consent to any part of the Premises removed proposed material alterations, additions or materially altered in connection improvements by Tenant, such consent will be conditioned upon Tenant's agreement to comply with such Tenant’s Alterationsall reasonable requirements, 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 requiredincluding safety requirements, Tenant shall not construct the Leasehold Improvement 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 established by Landlord. All As stated herein, all improvements made hereunder by Landlord (with the exception of ▇▇▇▇▇▇'s trade fixtures) will become Landlord's property when incorporated into or affixed to the Building and if made by Tenant’s Alterations constructed , upon expiration or termination of the Lease, or upon default 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 (unless promptly cured within any Tenant’s Alterations until (i) all required governmental approvals and permits have been obtainedapplicable cure period). However, (ii) all requirements regarding insurance imposed by this Lease have been satisfiedat Landlord's option, (iii) Tenant has given Landlord may, 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 but shall not be altered or removed from the Premises. At the expiration or sooner termination of the Lease Term, all require Tenant’s Alterations , at Tenant's expense, to remove improvements and alterations made by Tenant, including wiring and cabling above the ceiling grid and to restore the Premises to their original condition.
B. It is understood and agreed between the parties that any charges against Tenant by Landlord for alterations, additions or improvements in or to the Premises made by Landlord, or its agents, or contractors by order or request of Tenant (except for Landlord's additions and alterations as provided in paragraph 13 hereof) or otherwise occurring under this Lease, shall be surrendered to payable as Additional Rent as billed by 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termexcluded from Operat ing Expenses.
Appears in 1 contract
Sources: Standard Office Lease (Jacksonville Bancorp Inc /Fl/)
Tenant’s Alterations. Construction by Tenant of Tenant(a) Landlord's Alterations shall be governed by the following:
A. Approval. Tenant shall not construct make any Tenant’s Alterations alterations, additions or otherwise alter other physical changes in or about the Premises (collectively, "Alterations"), other than Alterations such as painting, wall coverings, floor coverings, raised flooring, installation of any equipment relating to voice, video, data or security, including, without Landlord’s prior written approval. Tenant shall be entitledlimitation, 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 's prior approvalconsent, which may be withheld in Landlord's sole discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to make Tenant’s Alterations so long as such Alterations (i) which 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 building or materially altered affect the Building Structure or Building Systems, provided, that, Landlord may, in connection with such Tenant’s Alterations, together do not exceed Landlord's sole discretion upon 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 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. 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 shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Premises. At the expiration Expiration Date or sooner termination of the Lease Term, all Tenant’s Alterations shall be surrendered cause Tenant to Landlord as part restore the Premises to the condition 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations Premises prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoingany such Alteration, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested are performed only by Landlord’s approval's designated contractors or by contractors approved by Landlord to perform such Alterations, Tenant requested of Landlord in writing that Landlord inform Tenant of whether such approval not to be unreasonably withheld or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and delayed, (iii) at affect only the time Landlord granted its approval, it did Premises and are not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration visible from outside of the Lease TermPremises or 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 equipment of the Building, (vi) do not adversely affect or increase the cost of any service furnished by Landlord to Tenant or to any other tenant of the Building, (vii) do not violate or adversely affect any landmark designation affecting the Building (including, without limitation, insuring conformance with the Secretary of Interior's Standards for Rehabilitation as interpreted by the State Historic Preservation Office and the National Park Service and any and all New York City landmark regulations), and (viii) do not violate any Requirement or cause the Premises or the Building to be non-compliant with any Requirement.
Appears in 1 contract
Sources: Lease Agreement (Thestreet Com)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Tenant shall not construct make any Tenant’s Alterations additions, alterations, or otherwise alter improvements to the Premises without the prior consent of Landlord (which consent shall not be unreasonably withheld or delayed), which consent shall be requested by Tenant at least thirty (30) days prior to the commencement of any work. Landlord’s prior written approvalconsent may be conditioned, among other things, on Tenant’s removing any such additions, alterations, or improvements at the Expiration Date and restoring the Premises to the same condition as on the Possession Date. Tenant All additions, alterations, and improvements shall be entitled, without Landlord’s prior approval, to make Tenant’s Alterations (ia) which do not affect the structural or exterior parts or water tight character made in a good and workmanlike manner using only good grades of the Building, materials; (b) performed by properly qualified 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 therefor, and such Tenant’s Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first personnel approved by Landlord. All Tenant’s Alterations constructed by Tenant shall be constructed by a licensed contractor ; (c) performed so as not to cause or create any jurisdictional or other labor disputes, including, without limitation, use of union labor if needed; (d) performed in accordance with all Laws using new materials of good quality.
B. Tenant shall such manner as 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 constructionobstruct access to the Building or the Common Areas, and as not to obstruct the business of Landlord or other tenants in the Building; and (ive) if reasonably requested by Landlord, Tenant has obtained contingent liability and broad form builders’ risk insurance in an amount reasonably satisfactory diligently prosecuted 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Termcompletion. Notwithstanding the foregoing, Tenant shall not be obligated have the right during the Term to remove any Tenantmake additions, alterations, or improvements as Tenant may reasonably deem desirable or necessary, following ten (10) days’ notice to Landlord, but without Landlord’s Alterations with respect to which the following is true: consent, provided that such work (i) Tenant was required, or elected, to obtain the approval is of Landlord to the installation of the Leasehold Improvement in questiona non-structural nature; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or is not Landlord would require Tenant to remove such Leasehold Improvement at the expiration visible from outside of the Lease TermPremises; (iii) does not affect any Building System; and (iiiiv) at does not, in the time Landlord granted its approvalaggregate, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termexceed $5,000 for alterations other than floor and wall covering in any twelve (12) month period.
Appears in 1 contract
Sources: Office Lease (Quality Systems Inc)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. 5.1.1. Except as otherwise provided herein, Tenant shall not construct make any Tenant’s Alterations or otherwise alter the Premises (as defined below) of any nature without Landlord’s prior written approvalapproval as hereinafter provided. So long as Tenant complies with the provisions of this Section 5.1, Landlord’s approval of proposed Alterations (including but not limited to any internal staircase constructed by Tenant if Tenant leases space on the second (2nd) and third (3rd) floors of the Building) shall not be unreasonably withheld, conditioned or delayed, unless the proposed Alterations are Material Alterations (as hereinafter defined). As used herein, the following terms shall have the following meanings: (I) “Alterations” shall mean any alterations made, or proposed to be made, by Tenant in or to the Premises; and (II) “Material Alterations” shall mean any Alterations which (a) affect the exterior (including the appearance) of the Building or any other portion of the Building outside of the Premises (except for vents for laboratory areas), (b) are structural or affect the structural elements of the Building, or (c) affect the usage or the proper functioning of the Building Systems or any part thereof. Tenant shall not be entitled, without required to obtain Landlord’s prior approvalconsent for Alterations, to make Tenant’s if such Alterations (i) which are not Material Alterations, do not affect the structural require a construction or exterior parts or water tight character of the Buildingbuilding permit, and cost (as an entire Alterations project) less than Fifty Thousand and 00/100 Dollars ($50,000.00), or (ii) the reasonably estimated cost of whichare purely cosmetic or decorative (i.e., plus the original cost painting, wall coverings and/or carpeting). Tenant shall request Landlord’s written approval of any part Alterations only by written notice to Landlord, which notice shall be accompanied, if applicable, by two (2) sets 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 detailed plans and specifications therefor, and setting forth all 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 obtainedspecifications, (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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which any Alterations, being herein called the following is true: (i) “Tenant was requiredPlans”). All Tenant Plans shall be prepared at Tenant’s expense by an architect licensed to practice in the State of New Jersey. Landlord shall not unreasonably withhold, condition or elected, to obtain the delay its approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termany proposed non-Material Alterations.
Appears in 1 contract
Sources: Lease Agreement (Insmed Inc)
Tenant’s Alterations. Construction by Tenant (a) The construction of Tenant's Alterations the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the following:
A. terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, 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 (i) which do not affect the structural or exterior parts or water tight character of the Buildingnot, and (ii) the reasonably estimated cost shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of which, plus the original cost of any kind to any part of the Premises removed or materially altered in connection with such Tenant’s (collectively, “Alterations, together do not exceed ”) without first obtaining the Permitted Tenant Alterations Limit specified in Section O written consent 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 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. 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 shall remain the property of Tenant during the Lease Term but which consent shall not be altered unreasonably withheld, conditioned, or removed from delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the Premises. At the expiration or sooner termination of the Lease Term, all Tenant’s Alterations request 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Termdeemed 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 be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease 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 Landlord’s reasonable rules and regulations for construction, and 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 foregoing, Landlord’s consent shall not be obligated to remove required for any Tenant’s Alterations with respect to which Alteration costing less than $50,000.00 in the following is trueaggregate per calendar year and that: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in questionis nonstructural; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or does not Landlord would require Tenant to remove such Leasehold Improvement at the expiration impact any of the Lease TermBuilding systems, involve electrical work, require a building permit, materially affect the air quality in the Building, or require Landlord to incur additional costs as a result thereof; and (iii) at the time Landlord granted its approval, it did is not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration visible from outside of the Lease TermPremises.
Appears in 1 contract
Sources: Lease Agreement (Passage BIO, Inc.)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. (a) Tenant shall not construct make any Tenant’s Alterations alterations, additions or otherwise alter other physical changes in or about the Premises (collectively, “Alterations”) (other than decorative Alterations such as painting, wall coverings and floor coverings (collectively, “Decorative Alterations”)) without Landlord’s prior written approvalconsent. Tenant Landlord shall be entitlednot unreasonably withhold its consent for normal and customary alterations typically made by office tenants in Comparable Buildings, without Landlord’s prior approval, to make Tenant’s Alterations provided that (i) which such Alterations are non-structural, do not affect any Building Systems and do not tie into the structural backup generator, supplemental cooling unit or exterior parts or water tight character of uninterruptible power supply serving 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 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. 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[Intentionally Omitted], (iii) Tenant has given Landlord at least five days’ prior written notice such Alterations affect only the Premises and are not visible from outside of its intention to commence the Premises, (iv) such constructionAlterations do not invalidate or violate the non-residential use permit issued for the Building or the Premises, (v) such Alterations do not violate any Requirement, and (ivvi) if reasonably requested prior to the Expiration Date, Tenant shall, unless otherwise directed 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 at 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 Termexpense, 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, that if Landlord requires Tenant to remove any Tenant’s such Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested requests Landlord’s approvalconsent for any such Alteration, Tenant requested of may, by written notice to Landlord, request Landlord’s written decision as to whether Landlord in writing that Landlord inform Tenant of whether or not Landlord would shall require Tenant to remove such Leasehold Improvement Alteration at the expiration end of the Lease Term; , which decision shall be irrevocable and (iii) at shall be promptly given. Subject to the time provisions of Section 5.3, Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant’s removal of any such Alterations, and upon default thereof, Tenant shall reimburse Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove for Landlord’s actual cost of repairing and restoring such Leasehold Improvement at the expiration of the Lease Termdamage.
Appears in 1 contract
Sources: Sublease (K12 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 's Alterations or otherwise alter the Premises without Landlord’s 's prior written approval. Tenant shall be entitled, without Landlord’s 's prior approval, to make Tenant’s 's Alterations (i) which 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 '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 's approval for any Tenant’s 's Alterations is required, Tenant shall not construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications therefortherefore, and such Tenant’s '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 '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 '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 '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 's Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord’s 's property, and Landlord shall 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 's Alterations, Tenant shall so remove such Tenant’s 's Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s 's Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s 's approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term.
Appears in 1 contract
Tenant’s Alterations. Construction (A) 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 demised premises (collectively, "Alterations") without Landlord's prior consent, which 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), 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 to any other tenant or occupant of the Building and do not reduce the value or utility of the Building. 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, 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 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 shall 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 governed by the following:provided to Tenant in a timely manner upon Tenant's request.
A. (D) 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 covenants that (i) which do it will expend not affect less than $6,000,000.00 (including up to $300,000.00 in the structural or exterior parts or water tight character aggregate for any fees paid to Landlord pursuant to Section 42(A) on account of additional electric capacity) in constructing and equipping the Buildingdemised 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 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 estimated cost of which, plus the original cost 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 part 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 Premises removed or materially altered in connection with such Tenant’s Alterationsdemised 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 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 installation (separately and in combination with the existing conditions in the demised premises, the Building, and the neighborhood) and that, when installed and operational, such equipment will not exceed the Permitted Tenant Alterations Limit specified in Section O noise limitations of the Summary per work of improvementapplicable Law. In the event Landlord’s approval for any Tenant’s Alterations is requiredaddition, Tenant shall not construct covenants that, throughout the Leasehold Improvement 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. 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 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, it will make all Tenant’s Alterations shall be surrendered commercially reasonable efforts to Landlord as part of minimize the realty and shall then become Landlord’s property, and Landlord shall have no obligation noise attributable 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 so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termoperations.
Appears in 1 contract
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Tenant shall not construct cut or drill into or secure any Tenant’s Alterations fixture, apparatus or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitledequipment or make alterations, without Landlord’s prior approvalimprovements or physical additions (collectively, “Alterations”) of any kind to make Tenant’s Alterations (i) which 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 Alterationswithout first obtaining the written consent of Landlord, 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 which consent shall not construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications thereforbe unreasonably withheld, and such Tenant’s conditioned, or delayed. All Alterations shall be constructed substantially completed in compliance with such approved plans all applicable Laws 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 rules 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 regulations for construction, and (iv) if reasonably requested by Landlord, Tenant has obtained contingent liability sustainable guidelines 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Termprocedures. Notwithstanding the foregoing, Tenant Landlord’▇ ▇▇▇sent shall not be obligated to remove required for any Tenant’s Alterations with respect to which the following is trueAlteration costing less than $20,000.00 and that: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in questionis nonstructural; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or does not Landlord would require Tenant to remove such Leasehold Improvement at the expiration impact any of the Lease TermBuilding systems, involve electrical or drywall work, require a building permit, or materially affect the air quality in the Building; and (iii) is not visible from outside of the Premises. Tenant shall be solely responsible for the installation and maintenance of its data, telecommunication, and security systems and wiring at the time Premises, which shall be done in compliance with all applicable Laws and Landlord’s rules and regulations. With respect to all improvements and Alterations made after the date hereof, other than those made by Landlord granted its approvalpursuant to the express provisions of this Lease, it Tenant acknowledges that: (A) Tenant is not, under any circumstance, acting as the agent of Landlord; (B) Landlord did not inform Tenant that it would require Tenant cause or request such Alterations to remove be made; (C) Landlord has not ratified such Leasehold Improvement at work; and (D) Landlord did not authorize such Alterations within the expiration meaning of applicable state statutes. Nothing in this Lease or in any consent to the Lease Termmaking of Alterations or improvements shall be deemed or construed in any way as constituting a request by Landlord, ▇▇▇▇▇▇s or implied, to any contractor, subcontractor, or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.
Appears in 1 contract
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. Tenant shall not construct cut, drill into, or secure any Tenant’s Alterations fixture, apparatus, or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitledequipment, without Landlord’s prior approvalor make alterations, improvements, or physical additions of any kind to make Tenant’s Alterations (i) which 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 (collectively, “Alterations”) without first obtaining the written consent of Landlord, 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 which consent shall not construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications thereforbe unreasonably withheld, and such Tenant’s conditioned, or delayed. All Alterations shall be constructed substantially completed in compliance with such approved plans all applicable Laws 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 rules 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 regulations for construction, and (iv) if reasonably requested by Landlord, Tenant has obtained contingent liability sustainable guidelines 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Termprocedures. Notwithstanding the foregoing, Tenant Landlord’s consent shall not be obligated to remove required for any Tenant’s Alterations with respect to which the following is trueAlteration costing less than $30,000.00 and that: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in questionis nonstructural; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or does not Landlord would require Tenant to remove such Leasehold Improvement at the expiration impact any of the Lease TermBuilding systems, involve electrical or drywall work, require a building permit, or materially affect the air quality in the Building; and (iii) is not visible from outside of the Premises. Tenant shall be solely responsible for the installation and maintenance of its data, telecommunication, and security systems and wiring at the time Premises, which shall be done in compliance with all applicable Laws and Landlord’s rules and regulations. With respect to all improvements and Alterations made after the date hereof, other than those made by Landlord granted its approvalpursuant to the express provisions of this Lease, it Tenant acknowledges that: (A) Tenant is not, under any circumstance, acting as the agent of Landlord; (B) Landlord did not inform Tenant that it would require Tenant cause or request such Alterations to remove be made; (C) Landlord has not ratified such Leasehold Improvement at work; and (D) Landlord did not authorize such Alterations within the expiration meaning of applicable State statutes. Nothing in this Lease or in any consent to the making of Alterations or improvements shall be deemed or construed in any way as constituting a request by Landlord, express or implied, to any contractor, subcontractor, or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord. Landlord shall be entitled to collect a construction management fee equal to 5% of the Lease Term.cost of the Alterations in connection with Landlord’s services in the supervising and review of any Alteration. Tenant shall cause all Alterations to comply with the Encino Trace Tenant Building Standards Agreement Pertaining to Austin Energy Green Building Requirements, a copy of which is attached hereto as Exhibit F.
Appears in 1 contract
Sources: Lease (Mirna Therapeutics, 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 Except as otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitled, without Landlord’s prior approval, to make Tenant’s Alterations (i) which 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 requiredset forth herein, Tenant shall not construct make or permit to be made any material alterations, improvements or additions to the Leasehold Improvement until Premises without on each occasion first presenting to Landlord has approved in writing the plans and specifications therefor, 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 obtaining 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’ 's prior written notice of its intention to commence such constructionconsent thereto, 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 but which consent shall not be altered unreasonably withheld or removed from the Premises. At the expiration delayed; except that Tenant may make alterations, improvements or sooner termination additions to those portions of the Lease Term, all Tenant’s Alterations shall be surrendered to Premises that 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall is not be obligated to remove any Tenant’s Alterations with respect maintain pursuant to which Section 8.2 above, without the following is trueconsent of Landlord, provided that: (i) Tenant was required, or elected, to obtain the approval supplies Landlord with plans and specifications and any necessary permits therefor at least ten (10) days in advance of Landlord to the installation of the Leasehold Improvement in questioncommencing construction thereof; (ii) at such alterations and improvements do not impair the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration structural strength of the Lease TermFacility or any other improvements or reduce the value of the Premises; and (iii) at Tenant shall 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 time 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 the property of Tenant until the expiration or earlier termination of this Lease. Subject to Tenant's exercise of and rights under the Option, upon the expiration or earlier termination of this Lease, all alterations and additions shall remain on the Premises and become the property of Landlord granted its approvalwithout payment therefor by Landlord unless, it did not inform Tenant that it would require upon the expiration or earlier termination of this Lease, Landlord shall give written notice to Tenant to remove the same; in which event Tenant will remove such Leasehold Improvement at alterations, improvements and additions, and repair and restore any damage to the Premises caused by the installation or removal thereof. Prior to the completion of any material alteration, improvement or addition, Landlord and Tenant agree to execute a written statement as to whether or not the alteration, improvement or addition shall be required to be removed upon the expiration or earlier termination of the Lease Termthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Biopure Corp)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. (a) Tenant shall not construct make any Tenant’s alterations, additions or other physical changes in or about the Premises, including the Initial Installations (collectively, "Alterations"), other than decorative Alterations or otherwise alter the Premises without Landlord’s prior written approval. Tenant shall be entitledsuch as painting, wall coverings, floor coverings and low voltage cabling (collectively, "Decorative Alterations"), without Landlord’s 's prior approvalconsent, to make Tenant’s Alterations (i) which 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 may be withheld 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 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. 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term's sole discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to Alterations so long as such Alterations (i) are non-structural and do not affect the Building Systems, (ii) are performed only by Landlord's designated contractors (which shall be set forth on a list (subject to change from time to time) of at least three contractors per trade, except with respect to the Building System contractors, and such list shall be submitted to Tenant promptly after request therefor and if Tenant engages any contractor set forth on such list, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, required to obtain Landlord's consent to such contractor unless, prior to the approval execution of an agreement between Tenant (either directly or through another contractor or subcontractor) and such contractor (or, if no written agreement is entered into, prior to the commencement of work by the contractor), Landlord shall notify Tenant that such contractor has been removed from such list) or by contractors approved by Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approvalperform such Alterations, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at affect only the time Landlord granted its approval, it did Premises and are not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration visible from outside of the Lease TermPremises or the Building, (iv) do not affect the certificate of occupancy issued for the Building or the Premises, (v) do not adversely affect any service furnished by Landlord to Tenant or to any other tenant of the Building and (vi) do not violate any Requirement or cause the Premises or the Building to be non-compliant with any Requirement.
Appears in 1 contract
Sources: Lease (Greenhill & Co Inc)
Tenant’s Alterations. Construction by 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 Tenant's Alterations the Tenant better adapt the Premises for the purpose of its business provided that:
(a) no water connections and no structural changes, alterations, additions or improvements shall be governed made without the written consent of the Landlord;
(b) all changes, alterations, additions and improvements shall comply with all Laws;
(c) the Tenant shall pay to the Landlord, upon demand, the amount of any increase in Realty Taxes or the cost of the insurance maintained by the following:Landlord over the Building, to the extent that such increases, are attributable to an action by the Tenant under this paragraph;
A. (d) nothing herein shall entitle the Tenant shall not construct to make any Tenant’s Alterations changes to, or otherwise alter installations upon, the Premises without Landlord’s prior written approval. Tenant roof of the Building; The Landlord shall be entitled, at any time and without Landlord’s prior approvalnotice to the Tenant, to make Tenant’s Alterations (i) which do not affect remove or to rectify, at the structural or exterior parts or water tight character expense of the BuildingTenant, 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 item which was 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 therefor, and such Tenant’s Alterations shall be constructed substantially erected 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 qualitythis section.
B. 11.2 Leasehold Improvements and fixtures (including, without limitation, trade fixtures which are ''Tenant Property" within the meaning of this Lease) 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 become the property of the Landlord upon installation without any compensation being payable by the Landlord to the Tenant during therefor. Notwithstanding the Lease Term but shall foregoing:
(a) Provided that it is not be altered or removed from the Premises. At in default upon the expiration or sooner termination of the Lease Term, all Tenant’s Alterations the Tenant shall be surrendered entitled to Landlord as part 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 realty and shall then become Landlord’s propertyTenant, and the Landlord shall have no obligation to reimburse may require that the Tenant post security for all or any portion the performance of the value or cost thereofits restoration obligations in this Section; provided, however, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior 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 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 Tenant's particular use of 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 or on any part of the premises by the Tenant and leave the premises in a broomswept condition. This provision shall survive the expiration or earlier termination of this Lease. In the event that the Tenant fails to surrender the Premises as required by this Section, then all costs and expenses of the Landlord in rectifying such default, including, without limitation, 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 shall not paint, fix, display, or cause to be painted, fixed or displayed, any sign, picture, advertisement, notice, lettering or decoration on any part of the exterior of the Building or the 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 advertising material erected by the Tenant shall be removed by it upon the termination of this Lease and the Tenant shall pay to the Landlord the costs required to repair any damage caused by the erection or removal of such materials. Notwithstanding the foregoing, the Landlord shall be entitled to establish a uniform sign policy for tenants in the building which requires that the Landlord, at its option, shall be 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 shall not be obligated agrees to remove any Tenant’s Alterations with respect to which pay the following is true: (i) Tenant was required, or elected, to obtain cost of purchasing and installing all signs erected by the approval of Landlord to the installation on behalf of the Leasehold Improvement Tenant, which sums shall be payable upon invoice by the Landlord. All signs erected by the Tenant from time to time shall be erected in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Termstrict conformance with all Laws.
Appears in 1 contract
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. (a) Tenant shall not construct any Tenant’s Alterations or otherwise alter have the Premises right, without Landlord’s prior written approval. Tenant consent, but upon five (5) Business Days prior written notice to Landlord (which notice shall be entitled, without Landlord’s prior approvalcontain a description of the contemplated work), to make Tenant’s Alterations strictly cosmetic, non-structural additions and alterations, such as painting, wall coverings and floor coverings, to the Premises that (i) which do not affect involve the structural or exterior parts or water tight character expenditure of more than Five Thousand and No/100 Dollars ($5,000.00) in the Buildingaggregate in any twelve (12) month period, and (ii) do not contain a Design Problem (defined below) (the reasonably estimated cost of which, plus the original cost of any part of the Premises removed or materially altered foregoing additions and alterations described in this sentence are collectively referred to herein as “Decorative Alterations”). Except in connection with such Tenant’s Decorative 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 make any alterations, additions or other physical changes in or about the Leasehold Improvement until Landlord has approved in writing the plans and specifications thereforPremises (collectively, and such Tenant“Alterations”) without Landlord’s Alterations prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, that it shall be constructed substantially in compliance with such approved plans deemed reasonable for Landlord to withhold its consent to any Alterations that contain a Design Problem. A “Design Problem” is defined as and specifications by a licensed contractor first approved by Landlord. All Tenant’s will be deemed to exist if any 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 obtainedare structural or adversely affect any Building Systems, (ii) all requirements regarding insurance imposed by this Lease have been satisfiedare visible from outside of the Premises or affect the exterior appearance of the Building, (iii) Tenant has given Landlord at least five days’ prior written notice affect the certificate of its intention to commence such constructionoccupancy issued for the Building or the Premises, and and/or (iv) if reasonably requested by Landlord, Tenant has obtained contingent liability violate any Requirement. Because of the location of the Premises in the Building and broad form builders’ risk insurance in an amount reasonably satisfactory the importance to Landlord if there are of maintaining the appearance of the Building in a first class condition, in no event shall Tenant permit personal property in the Premises or any perils relating improvements, alterations, additions, changes or repairs 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 but shall not be altered or removed Premises which are visible from the Premises. At the expiration or sooner termination exterior of the Lease Term, all Tenant’s Alterations shall be surrendered Premises to Landlord as part create a condition or appearance which is inconsistent with the nature 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease TermBuilding as a first class office building.
Appears in 1 contract
Sources: Lease Agreement (Cereplast Inc)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. (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 (i) which do not affect the structural or exterior parts or water tight character of the Buildingnot, and (ii) the reasonably estimated cost shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of which, plus the original cost of any kind to any part of the Premises removed or materially altered in connection with such Tenant’s (collectively, “Alterations, together do not exceed ”) without first obtaining the Permitted Tenant Alterations Limit specified in Section O written consent 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 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. 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 shall remain the property of Tenant during the Lease Term but which consent shall not be altered unreasonably withheld, conditioned, or removed from delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the Premises. At the expiration or sooner termination of the Lease Term, all Tenant’s Alterations request 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Termdeemed 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 be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease 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 Landlord’s rules and regulations for construction, 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. Tenant shall mark ▇▇▇ tag all wiring and cabling installed by it or on its behalf upon installation. Notwithstanding the foregoing, Landlord’s consent shall not be obligated to remove required for any Tenant’s Alterations with respect to which the following is trueAlteration costing less than $50,000.00 and that: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in questionis nonstructural; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or does not Landlord would require Tenant to remove such Leasehold Improvement at the expiration impact any of the Lease TermBuilding systems, involve electrical or drywall work or locking hardware, require a building permit, materially affect the air quality in the Building, or EXHIBIT 10.35 require Landlord to incur additional costs as a result thereof; and (iii) at the time Landlord granted its approval, it did is not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration visible from outside of the Lease Term.Premises. Tenant shall cause all Alterations to comply with the 405 Colorado Green Building Requirements, a copy of which is attached hereto as Exhibit F.
Appears in 1 contract
Sources: Lease Agreement (Asure Software Inc)
Tenant’s Alterations. Construction by 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 governed by made and performed in conformity with and subject to 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 following provisions: (i) which do not affect the structural or exterior parts or water tight character of the Buildingexcept 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) the Alterations shall be made only by contractors or mechanics reasonably estimated cost of which, plus the original cost of approved by Landlord; (iii) no Alterations shall materially and adversely affect any part of the Premises removed Building or materially altered in connection with such Tenant’s Alterations, together do not exceed the Permitted and adversely affect any service required to be furnished by Landlord to Tenant Alterations Limit specified in Section O or to any other tenant or occupant of the Summary per work 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 improvement. In the event Landlord’s approval for any Tenant’s Alterations is required, Building; (v) Tenant shall not construct the Leasehold Improvement until (a) submit to Landlord has approved in writing the reasonably detailed plans and specifications thereforfor each proposed Alteration and (b) not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval will not be unreasonably withheld, conditioned or delayed; (vii) notwithstanding Landlord's approval of plans and such Tenant’s specifications for any Alterations, all Alterations shall be constructed substantially made and performed in full compliance with such approved plans all Legal Requirements 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 the Rules and Regulations; (viii) all Laws using new materials and equipment to be incorporated in the Premises as a result of all Alterations shall be of reasonably good quality.
B. 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 times during the performance of the work, at no expense to Landlord, (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 a broad form property damage endorsement, naming Landlord and (at Landlord's request) any Mortgagee of the Building and any management agent as additional insured(s), with such policy to afford protection to the limit of not commence construction less than Two Million and 00/100 Dollars ($2,000,000.00) with respect to bodily injury or death to any number of persons in any one accident and to the limit of not less than One Million and 00/100 Dollars ($1,000,000.00) to damage to the property 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 constructionone owner from one occurrence, and (ivB) if reasonably requested by Landlord, Tenant has obtained contingent liability and broad form builders’ risk workmen's compensation or similar insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered form and amounts required by insurance carried 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 laws of the Lease Term, all Tenant’s Alterations shall be surrendered to Landlord as part Commonwealth 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease TermVirginia.
Appears in 1 contract
Sources: Deed of Lease (Proxicom Inc)
Tenant’s Alterations. Construction by Tenant of Tenant's Alterations shall be governed by the following:
A. (A) Except as specifically provided in Sections 5.03(B) and 5.03(C) below, Tenant shall not construct make any Tenant’s Alterations alteration, addition or otherwise alter improvement to the Premises 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 approvalconsent. 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 entitled, without Landlord’s prior approval, to make performed only by bonded contractors or that Landlord itself perform the work at the Tenant’s Alterations expense. If the Landlord consents to any such proposed alteration, addition or improvement, it shall be made at the Tenant’s sole expense (i) which do 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 affect unreasonably interfere with the structural or exterior parts or water tight character use and enjoyment of the Building, and (ii) the reasonably estimated cost of which, plus the original cost of any part remainder of the Premises removed Property by any other tenant or materially altered other person. All such alterations and improvements shall comply in connection all respects with such Tenant’s Alterationsany and all applicable federal, together do state and local laws, ordinances and regulations, including but not exceed limited to the Permitted Tenant Alterations Limit specified in Section O of the Summary per work of improvementAmericans With Disabilities Act and regulations promulgated thereunder. In the event Landlord’s approval for any Tenant’s Alterations is requiredFurthermore, Tenant shall not construct indemnify Landlord from all damages, losses or liability arising from such alterations or improvements or the Leasehold Improvement 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. All Tenant’s Alterations constructed construction thereof by Tenant shall be constructed or 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 other party other than 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 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, that if Landlord requires Tenant to remove any Tenant’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated permitted in accordance with local signage codes and ordinances, which shall be part of the Space Improvements, have the right to remove any install appropriate signage, including Tenant’s Alterations with respect 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 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 following is true: 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 parties’ execution of this Lease) during the Term of the Lease, subject however to (i) Tenant was requiredLandlord’s approval as to location, equipment size and specifications, aesthetics, the identity of Tenant’s installing contractor and other similar factors, which approval shall not be unreasonably withheld or electeddelayed, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (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 Tenant’s electing to install any such dish(es), (iii) the rights of others owning and/or operating dishes, antennae and/or other communications equipment on the Building or the Property, (iv) all zoning, building code, communications, aviation and other laws and regulations and all covenants and restrictions of public record. Tenant requested Landlordshall indemnify, defend and hold Landlord harmless from and against liability resulting from the existence and operation of any such satellite dish.
(C) Upon written request received by Landlord from Tenant, Landlord shall accommodate Tenant’s approvalrequest, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require at no further rental charge, for Tenant to remove such Leasehold Improvement 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 at the termination or earlier expiration of the Lease Term; ) on Landlord’s property outside the Building. The location, installation, power source, fuel type, size and (iii) at specifications of the time Landlord granted its 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, it did which approval shall not inform be unreasonably withheld. Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration shall be solely responsible for full legal compliance of the Lease Termgenerator with all zoning, building code, communications, aviation and other laws and regulations and all covenants and restrictions of public record, as well as any permitting and licensing requirements. Tenant shall indemnify, defend and hold Landlord harmless from and against liability resulting from the existence and operation of any such generator.
Appears in 1 contract
Sources: Office Lease Agreement (Republic Airways Holdings Inc)