Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.
Appears in 2 contracts
Samples: Lease Agreement (Digitalnet Holdings Inc), Lease Agreement (Digitalnet Holdings Inc)
Tenant's Improvements. Except Tenant Improvements and Tenant’s Work shall be and Tenant shall cause the Tenant Improvement Construction Documents to be in compliance with the ADA, to the extent that the ADA requirements are applicable and mandatory for such Tenant Improvements.
1. The sidewalks, entrances, passages, courts, elevators, vestibules, stairways and corridors of halls shall not be obstructed or used for any purpose other than ingress and egress. The halls, passages, entrances, elevators, stairways, balconies and roof are not for the use of the general public, and the Landlord is responsible for making improvements shall in all cases retain the right to control and prevent access thereto of all persons whose presence, in the reasonable judgment of the Landlord, shall be prejudicial to the Leased safety, character, reputation and interests of the Building and its tenants, provided that nothing herein contained shall be construed to prevent such access to persons with whom the Tenant normally deals only for the purpose of conducting its business in the Premises pursuant (such as clients, customers, office suppliers and equipment vendors, and the like) unless such persons are engaged in illegal activities. No tenant and no employees of any tenant shall go upon the roof of the Building without the written consent of Landlord.
2. No awnings or other projections shall be attached to Section 34 the outside walls of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord standard window coverings. All electrical ceiling fixtures hung in offices or spaces along the perimeter of the Building must be fluorescent, of a quality, type, design and bulb color reasonably approved by Landlord. Neither the interior nor the exterior of any windows shall be coated or otherwise sunscreened without the written consent of Landlord.
3. Except as otherwise expressly provided in this Lease, no sign, advertisement, notice or handbill shall be exhibited, distributed, painted or affixed by any tenant on, about or from any part of the Premises that can be seen from the outside of the Premises, the Building or the Project without the prior written consent of the Landlord. If the Landlord shall have given such consent at the time, whether before or after the execution of this Lease, Tenant agrees that it will make such improvements consent shall in no way operate as a waiver or release of any of the provisions hereof or of this Lease, and shall be deemed to relate only to the Leased Premises as it may deem necessary at its sole cost particular sign, advertisement or notice so consented to by the Landlord and expense. However, Tenant shall not make be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord with respect to each and every such sign, advertisement or notice other than the particular sign, advertisement or notice, as the case may be, so consented to by the Landlord. In the event of the violation of the foregoing by any alterationstenant, decorationsLandlord may remove or stop same without any liability, installations, additions and may charge the expense incurred in such removal or improvements stopping to such tenant. Interior signs on doors and the Leased Premises (excluding cosmetic changes, the estimated cost of directory tablet shall be less than $2,000)inscribed, including but not limited to, painted or affixed for each tenant by the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant such tenant, and other items as mutually agreed upon in writing, shall be of a size, color and style reasonably acceptable to the property Landlord. The directory tablet will be provided exclusively for the display of the name and location of tenants only and Landlord reserves the right to exclude any other names therefrom. Nothing may be placed on the exterior of corridor walls or corridor doors other than Landlord’s standard lettering.
4. The sashes, sash doors, skylights, windows, and doors that reflect or admit light and air into halls, passageways or other public places in the Building shall remain upon and not be surrendered with covered or obstructed by any tenant, nor shall any bottles, parcels or other articles be placed on the Leased Premises at the termination of this Lease without molestation or injurywindow xxxxx. Notwithstanding the foregoing, Tenant shall on termination see that the windows, transoms and doors of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost closed and expense, and all damage to securely locked before leaving the Building and Premises caused must observe strict care not to leave windows open when it rains. Tenant shall exercise extraordinary care and caution that all water faucets or water apparatus are entirely shut off before Tenant or Tenant’s employees leave the Building, and that all electricity, gas or air shall likewise be carefully shut off, so as to prevent waste or damage. Tenant shall cooperate with Landlord in obtaining maximum effectiveness of the cooling system by closing window coverings when the sun’s rays fall directly on the windows of the Premises. Tenant shall not tamper with or change the setting of any Building thermostats or temperature control valves.
5. The toilet rooms, water and wash closets and other plumbing fixtures shall not be used for any purpose other than those for which they were considered, and no sweepings, rubbish, rags or other substances shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by the installation and removal tenant who, or whose subtenants, assignees or any of said items their servants, employees, agents, visitors or licensees shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensehave caused the same.
6. [Intentionally omitted.]
Appears in 2 contracts
Samples: Office Lease (SecureWorks Corp), Office Lease (SecureWorks Holding Corp)
Tenant's Improvements. Except Prior to the extent that Landlord is responsible for making improvements to commencement of the Leased Premises pursuant to Section 34 of this LeaseTerm, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense, (a) promptly initiate and diligently pursue the design of all improvements and other work to be performed by it pursuant to Schedule B on a schedule which in Landlord's reasonable judgment will permit Tenant to complete such improvements not later than ten (10) days prior to the Grand Opening Date with respect to the exterior of the Premises and not later than seven (7) days prior to the Grand Opening Date with respect to the interior of the Premises, and (b) promptly commence and diligently pursue the construction and completion of the Premises. HoweverTenant will be permitted by Landlord to enter the Premises in accordance with Schedule B for the purpose of performing its obligations under Schedule B and for the purpose of installing its fixtures and other equipment, provided (a) Tenant shall have obtained Landlord's approval of the plans and specifications for such work, (b) Tenant shall have obtained a valid building permit for construction of its improvements, (c) Tenant shall have deposited with Landlord the policies or certificates of insurance required in Sections 13.3. and 13.4., and (d) Landlord shall have received full payment from Tenant for the Opening Contribution and for those items set forth in Section D of Schedule B. Tenant's activities shall be conducted so as not to unreasonably interfere with Landlord's construction activities. Tenant shall maintain the Premises in a clean and orderly condition during construction and merchandising. All trash which may accumulate in connection with Tenant's construction activities shall be deposited daily in dumpsters, provided by or for Landlord in the Shopping Center Area as more particularly described in Sections C and D of Schedule B. All trash which may accumulate in connection with Tenant's merchandising activities shall be contained within the Premises and deposited daily outside the storefront of the Premises. Landlord will remove such trash as more particularly described in Sections C and D of Schedule B. During such construction and merchandising period, Tenant shall not make perform all duties and obligations imposed by this Lease, including, without limitation, those provisions relating to insurance and indemnification, saving and excepting only the obligation to pay Rental (other than any alterations, decorations, installations, additions or improvements Additional Rental due Landlord by reason of Tenant's failure to the Leased Premises (excluding cosmetic changes, the estimated cost perform any of shall be less than $2,000its obligations hereunder), including but not limited to, which obligation shall commence when the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseTerm commences.
Appears in 2 contracts
Samples: Lease Agreement (Boston Restaurant Associates Inc), Lease Agreement (Ciao Cucina Corp)
Tenant's Improvements. Except to the extent that a. Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Leaseshall perform, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's ’s sole cost and expense, and in a building standard manner using building standard materials in all damage instances unless expressly specified otherwise, the work set forth on the schedule annexed hereto and made a part hereof as Exhibit D (“Tenant’s Improvements”). Tenant shall pay any and all costs for Tenant’s Improvements, including, without limitation, all labor, materials and/or expenses for filing fees, plan reproduction costs and expeditor fees, which shall be paid by Tenant, as Additional Rent, within five (5) days of rendition of any xxxx or statement therefor
b. Any changes in or additions to Tenant’s Improvements which shall be consented to by Landlord as provided in the Lease, and further changes in or additions to the Building Additional Space after Tenant’s Improvements have been completed, if consented to and Premises performed by Landlord, its agents or anyone on Tenant’s behalf, shall be paid for by Tenant promptly when billed at cost plus 1 1/4% for insurance, 10% for overhead and 10% for general conditions, and in the event of the failure of Tenant so to pay for said changes or additions then Landlord, at its option, may consider the cost thereof, plus the above percentages, as Additional Rent payable by Tenant and collectible as such under the Lease.
c. If Tenant’s Improvements are not substantially completed and are delayed by acts, omissions or changes made or requested by Tenant, its agents, designers, architects or any other party acting or apparently acting on Tenant’s behalf, then Tenant shall pay as hereinbefore provided Fixed Annual Rent and Additional Rent on a per diem basis for each day of delay of Landlord’s substantial completion caused by Tenant or any of the installation and removal of said items aforementioned parties.
d. Tenant’s Improvements shall be repaired, replaced and/or restored deemed to be “Substantially Completed” at such time as Tenant’s Improvements have been completed and the Additional Space may be lawfully occupied by Tenant for the permitted use under the Lease notwithstanding that minor or non-material details of construction, mechanical adjustment or decoration remain to be performed, provided, that said “Punch List Items” shall be completed by Landlord within a reasonable time thereafter.
e. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that at Tenant's sole cost ’s request Landlord may be performing Tenant’s Improvements or portions thereof on normal business days during normal business hours during Tenant’s occupancy of the Additional Space, and expensethat while Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant’s permitted use of the Additional Premises, in no event shall Landlord be obligated to employ contractors or laborers at overtime or premium pay rates in order to do so, and in no event shall any such inconvenience to Tenant or anyone claiming by, through or under Tenant, as a result thereof, constitute an actual or constructive eviction, entitle Tenant to any right of set-off, credit or abatement, or entitle Tenant to any right to terminate the Lease.
Appears in 2 contracts
Samples: Lease Agreement (Schrodinger, Inc.), Lease Agreement (Schrodinger, Inc.)
Tenant's Improvements. Except (a) Landlord shall also contribute an amount (the "Allowance") not to exceed Twenty-Five Dollars ($25.00) per rentable square foot (including the extent that Landlord is responsible gross-up factor) in Suite 200 and not to exceed Ten Dollars ($10.00) per rentable square foot (including the gross-up factor) in the remainder of the Premises, plus the sum of $51,696 ("Additional Allowance") (representing the equivalent of five (5) months' Fixed Minimum Rent), all of which funds may be drawn upon by Tenant for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changesbut not furniture, furnishings or equipment) at any time or from time to time during the first Lease Year, provided that the Allowance will be drawn first. If the Additional Allowance is not fully drawn within five (5) months after the date hereof, the estimated cost remaining Additional Allowance will be disbursed by Landlord to Tenant on the fifth (5th) business day of the sixth (6th) month, without any right of setoff. Landlord hereby acknowledges that costs associated with the construction of Tenant's clean room (but not costs for furniture, furnishings or equipment) shall be less than $2,000)eligible for reimbursement from the Allowance. Any portion of the Allowance unused after the first Lease Year shall no longer be available. Tenant may make draws against the Allowance once each month for work in place, including but not limited toand each draw shall be accompanied by invoices from Tenant's contractors in an amount equal to at least the amount requested in such draw, and shall specify in which Suite the installation work was done. All draws shall be subject to receipt by Landlord of any fixtureslien waivers, amenities, equipment, appliances, or releases of liens and other apparatus similar requirements imposed by Landlord's lender.
(except moveable office furniture and ordinary moveable business machines and equipment), without b) Upon receipt of Landlord's prior written consent, approval of Tenant's plans and then only by contractors or mechanics employed or approved by Landlordspecifications, such approval not to be unreasonably withheld, conditioned or delayedand receipt of necessary permits, Tenant shall commence and thereafter promptly complete all the work required to prepare the Premises for the operation of Tenant's business ("Tenant's Work"). All such work, alterations, decorations, installations, additions or improvements costs of the Tenant's Work in excess of the Allowance shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseresponsibility.
Appears in 2 contracts
Samples: Lease Agreement (Avax Technologies Inc), Lease Agreement (Avax Technologies Inc)
Tenant's Improvements. Except to In the extent that event any construction modifications are requested by Tenant and approved by Landlord, Landlord is responsible and Tenant shall jointly develop a mutually acceptable space plan and finishing schedule for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to is consistent throughout the Leased Premises as it may deem necessary Premises, is consistent with Building Standards, and meets Tenant's requirements (the "Space Design"). The Space Design shall be provided by the Landlord's Architect and the cost shall be included in the Tenant Improvement Allowance, if any remains available at its sole cost the time. Upon completion of the Space Design, an architectural firm shall be selected by Landlord ("Landlord's Architect") from those listed on Exhibit C, attached hereto and expenseincorporated herein, to prepare the complete construction documents (the "Tenant Improvement Plans"). However, The Tenant Improvement Plans shall not make any alterations, decorations, installations, additions or fully describe all leasehold improvements to required in connection with the build out of the Leased Premises (excluding cosmetic changesthe "Tenant's Improvements") and shall include all required construction drawings, construction documents and specifications, finishing schedules, structural designs and plans, mechanical designs and plans, electrical designs and plans, plumbing designs and plans, and any other documents or items necessary in connection with obtaining bids for the Tenant Improvement Plans and in connection with obtaining building permits for the Tenant Improvement Plans and occupancy certificates or use permits for the Leased Premises, with the exception of any details, specifications, and/or designs of trade specific equipment that Landlord's Architect can not reasonably include in the Tenant Improvement Plans. Landlord shall contract with Landlord's Architect in connection with the preparation and submission of the Tenant Improvement Plans. Upon completion thereof and the approval of Tenant, the estimated cost of Space Design and the Tenant Improvement Plans shall be less than $2,000attached hereto as Exhibit D-1 and D-2, each hereby being incorporated herein. All Tenant Improvements shall be strictly in accordance with all Landlord's specifications for interior building finishes, (the Building Interior Finish Specifications), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consentattached hereto as Exhibit E, and then only by contractors or mechanics employed or incorporated herein, unless otherwise approved by Landlord, such approval not to be unreasonably withheldwithheld provided the change does not alter the character or quality of the Building. Landlord shall have the right, conditioned or delayed. All such workbut not the obligation, alterations, decorations, installations, additions or improvements to contract with the Project General Contractor and any other party as required in connection with the construction of the Tenant's Improvements and all costs thereof (not to exceed the amount of the Tenant Improvement Allowance) shall be done at Tenant's sole expense paid by Landlord and at such times charged to (and in such manner as Landlord may from time to time reasonably designate. All alterationsshall be considered a part of) the Tenant Improvement Allowance, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in if any remains available at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensetime.
Appears in 1 contract
Samples: Lease Agreement (Comstock Homebuilding Companies, Inc.)
Tenant's Improvements. Except Not later than the Submission Date, Tenant shall provide Landlord with its initial Tenant's Plans. Landlord shall promptly review the initial Tenant's Plans and any revisions thereof and shall notify Tenant of any required changes. lfTenant fails to submit its initial Tenant's Plans by the Submission Date or fails to submit any revised Tenant's Plans by the dates reasonably required by Landlord or if Landlord determines that the Tenant's Plans are so inconsistent with the use of the Premises or the Property as to not permit approval by Xxxxxxxx, then, in any of such events, if such failure continues for more than ten (10) days after written notice from Landlord, Landlord may declare an Event of Default. In addition, the Premises will be deemed delivered to Tenant on a date indicated in a notice from Landlord to Tenant; provided, however, such delivery shall not relieve Tenant of its obligation to submit Tenant's Plans to Landlord and/or obtain Landlord's approval of Xxxxxx's Plans. No deviation from the final Tenant's Plans approved by Landlord shall be made by Tenant without Landlord's prior written consent. Approval of Tenant's Plans by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord's architect for their accuracy, efficiency, sufficiency or compliance with any Legal Requirements, and Tenant shall be solely responsible for such items. Prior to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this LeaseCommencement Date, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense, complete all of Tenant Work. However, Tenant shall not make any alterations, decorations, installations, additions or improvements Subject to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, approval and then only by contractors or mechanics employed or approved by prior coordination with Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required permitted by Landlord to remove such alterations from enter the Premises on termination for the purpose of performing Tenant Work and for the purpose of installing its fixtures and other equipment, provided Tenant shall have (a) obtained Landlord's written approval of Tenant's Plans; and (b) deposited with Landlord all policies or certificates of insurance required by this Lease. Said items that are Tenant Work shall be conducted so as not to be removed from unreasonably interfere with Landlord's construction activities or with the Premises by activities and operations of other tenants and occupants of the Property, and Tenant shall be removed otherwise comply, at Tenant's sole cost and its expense, with all other obligations of Tenant under the Tenant Work exhibit and shall perform all damage to the Building other duties and Premises caused obligations imposed by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensethis Lease.
Appears in 1 contract
Samples: Lease Agreement (Beam Global)
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 1(b) of this Lease, Tenant agrees that it will Landlord shall have no other obligations to make such improvements or repairs (except as otherwise specifically set forth herein) and Tenant shall make all improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations (for purposes of this Section 9, “alterations” shall mean any structural alteration or any alteration affecting the mechanical, decorationselectrical, installationsand/or plumbing system servicing the Leased Premises, or any other alteration, the cost of which exceeds $25,000), installation, additions or improvements to the Leased Premises (excluding cosmetic changesPremises, the estimated cost of shall be less than $2,000)including, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, which will not be unreasonably withheld or delayed, and then only by contractors or mechanics employed or approved by Landlord and pursuant to plans therefor approved by Landlord, such approval approvals not to be unreasonably withheld, conditioned withheld or delayed. All such contractors and/or mechanics shall provide to Landlord, at Landlord’s request, evidence of liability insurance carried with an insurance company reasonably acceptable to Landlord, pursuant to which the limits of liability shall be no less than $1,000,000.00 in respect to any one occurrence, and in respect to the aggregate, at least $2,500,000.00 in respect to the general aggregate limit of liability, which insurance shall name Landlord, Manekin, LLC, and any lender from time to time of Landlord (the “Lender”) (or others as may be reasonably requested by Landlord) as additional insureds. All such work shall be (a) performed by Landlord, or a general contractor affiliated with Landlord, or (b) done under the general supervision of Landlord or its construction manager to assure standard quality improvements in the Building, for which Landlord or such construction manager shall be paid a reasonable supervisory fee not to exceed three percent (3%) the total cost of such work. Tenant shall, upon Landlord’s request, provide lien waivers from any and all applicable contractors or mechanics with respect to any such work. All such work, alterations, decorations, installations, additions or improvements shall be done done, in a good and workmanlike manner, at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture furniture, trade fixtures and moveable office information technology equipment put in at the expense of Tenant and other items as mutually agreed upon in writingTenant, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding , reasonable wear and tear excepted; provided, however, that Landlord, at the foregoingtime it approves such alterations, installations, additions or improvements, may elect to require Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from all or any part of said alterations, installations, additions or improvements at the Premises on termination expiration of this Lease. Said , in which event such items that are to be removed from shall remain the Premises by property of Tenant and such removal shall be removed done at Tenant's sole cost and ’s expense, and all Tenant shall, at its expense, repair any damage to the Leased Premises and/or the Building and Premises caused by such removal or by the installation and removal of said items its personalty, reasonable wear and tear excepted. Tenant shall be repairedpay before delinquency any business, replaced and/or restored by rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Leased Premises, the conduct of Tenant’s business at the Leased Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant at Tenant's sole cost and expenseshall pay as additional rent the amount of such tax or fee.
Appears in 1 contract
Samples: Office Lease (Safenet Inc)
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or and/or improvements to the Leased Premises (excluding cosmetic changesPremises, the estimated cost of shall be less than $2,000)including, including but not limited to, the installation of any fixtures (except trade fixtures), amenities, equipment (except movable equipment, appliances), or other apparatus (except moveable office furniture and ordinary moveable business machines and equipmentcollectively, the "Work"), without Landlord's prior written consentconsent (which consent shall not be unreasonably withheld or delayed), and then only by contractors or mechanics employed or approved by reasonably acceptable to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements Work shall be done at Tenant's sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably and timely designate. All alterationssuch Work shall be done under the general supervision of Landlord to assure standard quality improvements on the Real Property for which Landlord shall be paid a reasonable supervisory fee, decorations, installations, additions or improvements made which supervisory fee shall be at prevailing market rates for such services (but not to exceed $150 per hour); Landlord agrees to cause such supervision to be limited to such periodic inspections as may be required based on the Work and otherwise to use its best efforts to minimize the fees in connection therewith. All such Work done by either of the parties hereto upon the Leased PremisesPremises (including those items set forth in Exhibits C-1 and C-2), except other movable office furniture and moveable office equipment trade fixtures put in at the expense of Tenant and other items as mutually agreed upon in writingTenant, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding ; provided, however, that Landlord may elect, at the foregoingtime it approves such Work, to require Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from all or any part of said Work (including those items set forth on Exhibits C-1 and C-2) at the Premises on termination expiration of this Lease. Said items that are to be removed from the Premises by Tenant , in which event such removal shall be removed done at Tenant's sole cost and expense. Tenant shall, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's its sole cost and expense, repair any damage to the Leased Premises and/or the Building caused by such removal or by the removal of its personalty.
Appears in 1 contract
Samples: Lease Agreement (Novavax Inc)
Tenant's Improvements. Except Subsequent to the extent that Landlord is responsible for making improvements initial Leasehold improvements, Tenant shall have the right to make minor alterations up to $10,000 to the Leased Premises pursuant which are not structural in nature, including but not limited to, all finishes and decorations and similar items without Landlord’s consent. Landlord will not unreasonably withhold its consent to Section 34 any other alterations, other than structural. Landlord shall not charge Tenant any fees associated with alterations as described above. Tenant shall provide Landlord with a written plan describing the nature and scope of this Leaseany work sixty (60) days in advance of commencement. Except as provided above, Tenant agrees that it will shall make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. HoweverExcept as provided above in this section, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, equipment or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's prior written consent, and then only by contractors or mechanics employed or as reasonably approved by Landlord; provided that in all events, such approval Landlord shall not to be unreasonably withheldwithhold, conditioned condition or delayeddelay its consent. All such additional work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord's consent to and/or approval of Tenant's plans and specifications for any improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All permanent alterations, decorations, installations, additions or improvements made by either of the parties hereto Landlord or Tenant upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such restore any alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseor installations made under Section 58 hereof.
Appears in 1 contract
Samples: Lease Agreement (Fusion Telecommunications International Inc)
Tenant's Improvements. Except Landlord will cause to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Leasebe constructed, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its Tenant’s sole cost and expense, the Tenant’s Improvements, as set forth on EXHIBIT “H” attached hereto. HoweverTenant’s Improvements will be preliminarily designed by Tenant’s architect (BE Collaborative Architects) and must be approved by Landlord and Opus A&E (as more fully set forth in Section 17.1.5 below). Tenant will pay all of Landlord’s direct and indirect costs of causing the Tenant’s Improvements to be installed by Landlord (except for any portion of the Tenant’s Improvements which will be performed by Tenant (as agreed to by Landlord) and any furniture, Tenant shall not make any alterationsfixtures and equipment installed by Tenant), decorationsplus six percent (6%) of the sum of the actual cost of labor, installations, additions or improvements materials and general conditions related to the Leased Premises (excluding cosmetic changes, the estimated cost Tenant’s Improvements performed by Landlord. Such costs of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)Landlord may include, without Landlord's prior written consentlimitation, space planning costs, construction document preparation costs, design costs, construction drawing costs, general conditions, construction costs and then only by contractors or mechanics employed or approved by Landlordall costs Landlord incurs in connection with obtaining permits for the Tenant’s Improvements. Other than any Tenant Personalty under Section 16.1, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be ’s Improvements become the property of Landlord and a part of the Building immediately upon installation. Landlord hereby agrees to competitively bid all major subcontract work for the Tenant’s Improvements performed by Landlord hereunder and Tenant, through Tenant’s representative, will have the opportunity to approve all components of the aggregate costs for the Tenant’s Improvements, which consent shall remain upon not be unreasonably withheld or delayed and which consent shall be surrendered with deemed approved if Tenant fails to respond to the Leased Premises at the termination same within two (2) business days. As to any Tenant’s Improvements performed by Landlord, Landlord shall not include any items solely as costs of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Tenant’s Improvements if Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will would otherwise be required to remove pay for exact same cost as part of its Landlord’s Improvements (such alterations from as a trailer, phone service and certain utilities costs), but instead shall equitably prorate the Premises on termination of this Lease. Said items that are to be removed from cost for the Premises by Tenant shall be removed at same between the Landlord’s Improvements and the Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense’s Improvements.
Appears in 1 contract
Samples: Office Lease Agreement (Premiere Global Services, Inc.)
Tenant's Improvements. Except to the extent that Landlord is --------------------- responsible for making improvements to the Leased Premises pursuant to Section 34 35 of this Lease, Tenant agrees that it will shall make such non-structural improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's prior written consent, which consent shall not be unreasonably withheld, and then only by contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord's consent to and/or approval of Tenant's plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as Except for improvements to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are pursuant to be removed from the Premises Section 35, upon request by Tenant shall be removed Landlord, Tenant, at Tenant's sole cost and expense, shall remove any and all damage special improvements to the Building Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises caused accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.
Appears in 1 contract
Tenant's Improvements. Except to the extent that Landlord is responsible for making Tenant, at its option, may make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary from time to time, at its sole cost and expense, without Landlord’s consent (but subject to all other obligations set forth in this Section 10) and costing less than $25,000 in the aggregate. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, in excess of $50,000 or affecting the estimated cost structural components of shall be less than $2,000)the Building, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, which consent will not be unreasonably withheld, and then only by be contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense expense, and at such times and in such manner as Landlord may from time to time designate, if at any point during the Term, Tenant is not the sole occupant of the Building. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall promptly pay for the costs associated with any such alterations or additions, and shall protect, defend, indemnify and hold harmless Landlord and the Property from and against any and all liens, costs, damages and expenses incurred by Landlord in connection therewith, including any reasonable attorneys fees incurred by Landlord, if Landlord shall be joined in any action or proceeding involving such improvements. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant, as Additional Rent, upon demand. Under no circumstances shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate workmen’s compensation insurance as required by the laws of the State of Colorado, public liability and builders risk insurance in such amounts and according to terms reasonably designatesatisfactory to Landlord. Landlord shall at all times have the right to post or keep posted on the Premises, or in the immediate vicinity thereof, any notices of non-responsibility for any construction, alteration or repair of the Premises by Tenant, and Tenant hereby agrees to give Landlord at least ten (10) business days prior notice of Tenant’s plans to commence such work so as to enable Landlord an opportunity to post such notices. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment any trade fixtures of Tenant as set forth on Exhibit “G” attached hereto and made a part hereof (all of which will be removed by Tenant at the expiration of the Lease Term) put in at the expense of Tenant or Landlord and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, such request to be made at the time Tenant requests consent for the applicable improvement under this Section 10, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by Landlord. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove Landlord reserves the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as right to whether or not Tenant will be required withdraw a request to remove improvements and to request that such alterations from improvements remain upon and be surrendered with the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensePremises.
Appears in 1 contract
Samples: Lease Agreement (Spectranetics Corp)
Tenant's Improvements. 10.1 Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 35 of this LeaseLease and subsequent to the installation of Tenant’s Work pursuant to Section 35, Tenant agrees that it will shall make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. HoweverNotwithstanding anything herein to the contrary, Tenant shall have the right to make non-structural alterations which do not make affect the mechanical, electrical or plumbing systems of the Building without obtaining Landlord’s prior consent, provided that either (i) such alterations cost less than Fifty Thousand Dollars ($50,000.00) per occurrence during the Initial Term and One Hundred Thousand Dollars ($100,000,00) during any alterationsof the Renewal Term(s), decorationsor (ii) are items of decoration, installationspainting or carpeting. Landlord will notify Tenant of Landlord’s election to consent or withhold its consent within ten (10) days after receiving Tenant’s written request for consent to an alteration. If Landlord does not respond within such ten (10) day period, additions or improvements Landlord shall be deemed to have given consent to the Leased Premises (excluding cosmetic changesproposed alteration. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliancesdesign sufficiency, or other apparatus (except moveable office furniture compliance with all laws, rules and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors regulations of governmental agencies or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designateauthorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, (except for Tenant’s movable office fixtures, furniture and moveable office equipment, trade fixtures, generators, uninterruptible power sources, supplemental HVAC equipment put in at addition to the expense of Tenant base building systems, and other items identified by Tenant prior to the Rent Commencement Date or, after the Rent Commencement Date, as mutually agreed upon in writing, collectively, “Tenant’s Personal Property”), shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoingExcept for Tenant’s Personal Property, Tenant shall have no obligation to remove any improvements to the Premises, made by or on behalf of Tenant, including, without limitation, the Tenant’s Work. If Tenant fails to remove any of Tenant’s Personal Property items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue form the date the costs were incurred by Landlord.
10.2 Notwithstanding anything herein to the contrary, within six (6) months after the expiration or sooner termination of this Lease the Term, Landlord, at its cost and expense remove Tenant’s expense, shall have the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required right to remove all of the improvements comprising the auditorium in the Building and restore the level of the floor of such alterations from area to match the Premises on grade of the balance of the first floor area (the “Restoration Costs”). In no event shall the Restoration Costs exceed the lesser of (i) $67,000.00, or (ii) the amount of costs actually incurred by Landlord. Tenant shall reimburse Landlord for such costs within thirty (30) days after receipt of a written invoice for such Restoration Costs, together with reasonable supporting documentation. Tenant’s obligations under this Section 10.2 shall survive the expiration or sooner termination of this Lease, unless the parties have agreed specifically in writing that the provisions of this Section 10.2 shall be of no further force and effect. Said items that are If Landlord fails to be removed from remove such improvements and restore the Premises by level of the floor of such area within the six (6) month period, Tenant shall be removed at Tenant's sole cost have no obligation to reimburse Landlord for the Restoration Costs and expense, and all damage to the Building and Premises caused by the installation and removal provisions of said items this Section 10.2 shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseof no further force or effect.
Appears in 1 contract
Samples: Lease Agreement (Titan Corp)
Tenant's Improvements. Except to (a) All components of the extent that Landlord is responsible for making improvements to Project constructed, installed, or placed on the Leased Premises by Tenant pursuant to Section 34 this Lease shall be the sole personal property of Tenant, shall not be or become fixtures, and Landlord shall have no ownership interest in the Project or any components thereof. Landlord hereby expressly waives all statutory and common law liens or claims that it might otherwise have in or to the Project or any portion thereof and agrees not to restrain or levy upon such property or assert any lien, right of restraint or other claim against the same. Without mitigation of the foregoing, Tenant, in its sole discretion, shall be entitled to file one or more precautionary financing statements, including fixture filings in such jurisdictions as it deems appropriate with respect to the Project.
(b) All components of the Project constructed, installed, or placed on the Leased Premises by Tenant pursuant to this Lease may, subject to compliance with any other applicable limitations provided herein, be moved, replaced, repaired, or refurbished by Tenant on the Leased Premises at any time without Landlord’s consent. Unless otherwise agreed to in writing by Landlord, upon the termination of this Lease, Tenant agrees that it will make such improvements shall remove all of the components of the Project (except for mounting pads and support structures) and shall reclaim and restore to the extent practicable the Leased Premises as it may deem necessary at to its sole cost condition prior to installation of the Project, reasonable wear and expensetear excepted within one hundred and eighty (180) days after this Lease terminates (“Decommissioning Period”). HoweverDuring the Decommissioning Period, Landlord grants Tenant shall not make any alterations, decorations, installations, additions or improvements a license to access the Leased Premises (excluding cosmetic changes, solely for the estimated cost purpose of shall be less than $2,000), including but not limited to, performing its obligations to decommission the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture Project and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with restore the Leased Premises at the termination of in accordance with this Lease without molestation or injurysection. Notwithstanding the foregoing, If Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required fails to remove such alterations from any component of the Premises on termination of this Lease. Said items that are Project required to be removed in accordance with this Section 5.3 within the Decommissioning Period, or if Landlord agrees to waive the requirement for Tenant to remove one or more components of the Project, such components of the Project may be considered, at Landlord’s option, as abandoned by Xxxxxx and Tenant hereby relinquishes any and all right, title and interest in and to any such property in such event. Landlord may retain or remove any components of the Project deemed abandoned by Tenant from the Leased Premises by and use or dispose of them in its sole discretion without notice or liability to Tenant. If Landlord incurs costs to decommission and remove any of the components of the Project due to Tenant’s failure to do so within the Decommissioning Period, Tenant shall be removed at Tenant's sole cost xxxxxx agrees to indemnify Landlord for such costs and expense, and all damage agrees to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensereimburse Landlord for those amounts reasonably incurred.
Appears in 1 contract
Samples: Land Lease
Tenant's Improvements. Except (a) Tenant's obligations with respect to the extent that Landlord is responsible improvements necessary to make the Premises ready for making improvements Tenant's use and occupancy shall be as set forth in the Work Agreement. Both as to such work, if any, by Tenant pursuant to the Leased Premises Work Agreement and as to any Improvements (as hereinafter defined) thereafter, Tenant and Tenant's contractors shall abide by Landlord's "Contractor Rules and Regulations" attached hereto as Exhibit E and any reasonable modifications thereto by Landlord.
(b) Except for the work, if any, to be performed by Tenant pursuant to Section 34 of this Leasethe Work Agreement (as to which the Work Agreement shall be controlling), Tenant agrees that it will not make such improvements or permit anyone to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installationsadditions, additions or improvements (hereinafter referred to collectively as "Improvements"), structural or otherwise, in or to the Leased Premises or the Building without the prior written consent of Landlord; provided, however, that Tenant may make cosmetic alterations, such as recarpeting and repairing, not costing more than Fifteen Thousand Dollars (excluding $15,000) for any individual cosmetic changesalterations (or series of contemporaneous cosmetic alterations) without the necessity of obtaining Landlord's consent. When granting its consent, Landlord may impose any conditions it deems appropriate, including without limitation, the estimated cost approval of shall be less than $2,000)plans and specifications, including but not limited to, approval of the installation of any fixtures, amenities, equipment, appliances, contractor or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consentpersons to perform the work, and then only the obtaining of a performance bond in an amount specified by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayedLandlord and specified insurance. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense Improvements permitted by Landlord must conform to all rules and at such times and in such manner as Landlord may regulations established from time to time reasonably designateby the Board of Fire Underwriters having jurisdiction or any similar body exercising similar functions, and to all laws, statutes, ordinances, codes, rules, regulations, and requirements of the Federal and/or District of Columbia governments.
(c) As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlord written, unconditional waivers of mechanic's and materialmen's liens against the Building and the Land from all work, labor, and services to be performed and materials to be furnished in connection with Improvements. All alterationsIt is further understood and agreed that any Improvements, decorations, installations, additions or improvements other than those made by either of the parties hereto upon the Leased PremisesLandlord directly, except movable office furniture and moveable office equipment put in at the expense shall be conducted on behalf of Tenant and other items as mutually agreed upon in writingnot on behalf of Landlord, and that Tenant shall not be deemed to be the property agent of Landlord. It is further understood and agreed that in the event Landlord and shall remain upon and give its written consent to the making of any Improvements, such written consent shall not be surrendered with deemed to be an agreement or consent by Landlord to subject its interest in the Leased Premises at Premises, or any leasehold or other interest of Tenant in the termination of this Lease without molestation Premises, the Building or injurythe Land, to any mechanic's or materialmen's liens which may be filed in connection therewith. Notwithstanding If, notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove any mechanic's or materialmen's lien is filed against the modular Tempest enclosurePremises, and Landlord will with its approval of any alterations notify Tenant as Tenant's interest therein, the Building, and/or the Land for work claimed to whether have been done for, or not Tenant will be required materials claimed to remove such alterations from have been furnished to, the Premises on termination of this Lease. Said items that are or to Tenant, such lien shall be removed from the Premises discharged by Tenant shall be removed within fifteen (15) days after notice, at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation payment thereof or by the filing of a bond. If Tenant shall fail to discharge any such mechanic's or materialmen's lien, Landlord may, at its sole option, discharge such lien and removal treat the cost thereof (including attorney's fees incurred in connection therewith) as additional rent payable with the next fixed monthly rent payment falling due. It is expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensein not discharging such lien.
Appears in 1 contract
Samples: Lease Agreement (Edutrek Int Inc)
Tenant's Improvements. Except Subject to the extent that terms of any Underlying Mortgage (as defined in Section 34 hereof), any structural alterations or improvements or any non- structural improvements or alterations costing more than Three Hundred Thousand and No/100 Dollars ($300,000.00) shall require Landlord's consent, which consent shall not be unreasonably withheld. Landlord's consent shall be automatically granted if Landlord is responsible for making improvements does not respond to Tenant's request within thirty (30) days after notice and submission of 'preliminary plans and specifications from Tenant. Subject to the Leased Premises pursuant to Section 34 preceding sentence and the terms of any Underlying Mortgage, during the full Term of this Lease, Tenant agrees that shall have the right, at any time during the Term, and from time to time, at its own cost and sole expense and liability to place or install within the Leased Premises, such nonstructural leasehold improvements as it will make shall desire. Unless expressly released by Landlord in writing, all such improvements shall be and remain, at the time of expiration or other termination of this Lease, the property of Landlord without payment or offset unless such improvements are not attached to the Premises. NO such installation or construction by Tenant shall violate any lawful rule or regulation, plat or zoning construction or other law, ordinance or regulation applicable thereto, and all alterations and improvements shall be done and performed in good and workmanlike manner. All costs of any such improvements shall be paid by. Tenant and Tenant shall allow no liens for labor or materials toattach to the Leased Premises as it may deem necessary at its sole cost and expenseby virtue thereof. However, Tenant shall not make any alterations, decorations, installations, additions or submit drawings an& specifications of all alterations and improvements to Landlord costing more than One Hundred Thousand and No/100 Dollars ($100,000.00) for Landlord's approval at least thirty (30) days prior to commencement of work, which approval shall not be unreasonably withheld. Landlord's approval of the same shall be automatically granted if Landlord does not comment on the same within said-thirty (30) day period. Tenant shall give Landlord not less than ten (10) days notice prior to , the commencement of any work in, on or about the Leased Premises (excluding cosmetic changes, and Landlord shall have the estimated cost right to post notices of shall be less than $2,000), including but not limited to, non-responsibility in or on the installation of Leased Premises as provided by law. Landlord may require that Tenant remove any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, all alterations, decorations, installations, improvements or additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with to the Leased Premises at the termination expiration of this Lease without molestation the Term and restore the Leased Premises to its prior condition. Any alterations, improvements and additions in, or injuryabout the Leased Premises that Tenant desires to make, or which require the consent of Landlord or which require approval by Landlord of the drawings or specifications therefor, shall be presented to Landlord in written form, with proposed detailed plans. Notwithstanding If Landlord shall consent to the foregoingalterations, improvements and additions or approve of the drawings and specifications, as the case may be, the consent or approval shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, the furnishing of a. copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall on termination of this Lease at its cost and expense remove pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, or for use in the modular Tempest enclosureLeased Premises, and Landlord will with its approval which claims are or may be secured by any mechanic's or materialmen's lien against the Leased Premises or any interest therein. To the extent that any alterations, improvements or additions result in the removal from the Building of any alterations notify Tenant as building components having salvage value and such components have not been replaced with components having equal or greater value, such salvage value shall paid to whether or not Tenant will be required to remove such alterations from the Premises on termination of this LeaseLandlord. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, Any and all damage alterations, improvements or additions to the Building and Premises caused by the installation and removal of said items shall be repairedperformed in a good and safe workmanlike manner; shall have all necessary approvals, replaced and/or restored permits and licenses required by Tenant at any governing body; and Tenant's sole cost . shall hold Landlord harmless from any and expenseall costs, expenses, attorney fees, fines, penalties, judgments, or other sums resulting out of any such alterations, improvements or additions by way of citations for codes violations or other violations of regulations or laws governing the Building and Leased Premises.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxi LTD Partnership)
Tenant's Improvements. Except Any structural alterations or improvements or any non-structural improvements or alterations costing more than $500,000 shall require Landlord's consent, which consent shall not be unreasonably withheld. Xxxxxxxx's consent shall be automatically granted if Landlord does not respond to Xxxxxx's request within 15 days after receipt by Landlord of notice and submission of preliminary plans and specifications from Tenant. Subject to the extent that Landlord is responsible for making improvements to preceding sentence, during the Leased Premises pursuant to Section 34 full Term of this Lease, Tenant agrees shall have the right, at any time during the Tenn, and from time to time, at its own cost and sole expense and liability to place or install within the Leased Premises, such non-structural Leasehold improvements as it shall desire provided that it will make such improvements do not diminish the market value of the Premises. Unless expressly released by Landlord in writing, all such improvements shall be and remain, at the time of expiration or other termination of this Lease, the property of Landlord without payment or offset unless such improvements are not permanently attached to the Leased Premises. No such installation or construction by Tenant shall violate any lawful rule or regulation, plat or zoning construction or other law, ordinance or regulation applicable thereto, or any Covenant Documents, and all alterations and improvements shall be done and performed in good and workmanlike manner. All costs of any such improvements shall be paid by Tenant and Tenant shall allow no liens for labor or materials to attach to the Leased Premises as it may deem necessary at its sole cost and expenseby virtue thereof. However, Tenant shall submit drawings and specifications of all alterations and improvements .to Landlord prior to commencement of work and as- built plans promptly after completion thereof. Tenant shall give Landlord not make less than ten (10) days notice prior to the commencement of any alterationswork in, decorations, installations, additions on or improvements to about the Leased Premises (excluding cosmetic changes, and Landlord shall have the estimated cost right to post notices of shall be less than $2,000), including but not limited to, non-responsibility in or on the installation of Leased Premises as provided by law. Landlord may require that Tenant remove any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, all alterations, decorations, installations, improvements or additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with to the Leased Premises at the termination expiration of this Lease without molestation the Term and restore the Leased Premises to its prior condition. In no event will any alteration or injuryimprovement reduce the square footage of the Building located on the Leased Premises. Notwithstanding Any alterations, improvements and additions in, or about the foregoingLeased Premises that Tenant desires to make and which require the consent of Landlord shall be presented to Landlord in written form, with proposed detailed plans. If Landlord shall consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall on termination pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, or for use in the Leased Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Leased Premises or any interest therein. If Tenant shall, in good faith, contest the validity of this Lease any such lien, claim or demand, then Tenant shall, at its cost sole expense defend itself and expense remove Landlord against the modular Tempest enclosuresame and shall post any necessary bond or obtain a title insurance indemnity over, if reasonably required by Landlord, and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Landlord will with or the Leased Premises. In addition, Landlord may require Tenant to pay Landlord's attorneys' fees and costs in participating in such action if Landlord shall decide it is in its approval of any alterations notify Tenant as best interest to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensedo so.
Appears in 1 contract
Samples: Lease Agreement (Generation Income Properties, Inc.)
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of as otherwise provided in this Lease, Tenant agrees that it will accepts the Premises in “as is” condition as of the date of this Lease and Landlord shall not be required to make such any improvements to the Leased Premises as it may deem necessary at its sole cost and expensePremises. However, All work to be performed by Tenant shall not make any alterationsbe referred to as “Tenant’s Work.” Tenant will perform, decorationsor cause to be performed, installationsall the construction work required to build out new office, additions or improvements laboratory, and clean room space in the Premises, subject to the Leased Premises (excluding cosmetic changesallowance provisions set forth herein, the estimated cost of additional Tenant monies, and in conformance with Tenant’s to-be-completed plans for Tenant’s Work. Tenant shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without obtain Landlord's ’s prior written consent, and then only by contractors or mechanics employed or approved by Landlordapproval of the plans for Tenant’s Work, such approval not to be unreasonably withheld, conditioned or delayed. Tenant and/or its agents and subcontractors will be solely responsible to coordinate and perform the Tenant’s Work. All such work, alterations, decorations, installations, additions or improvements Tenant’s Work shall be done at performed by a to be selected general contractor, as selected by Tenant's , subject to the reasonable approval of Landlord, (“General Contractor”) based on a to-be-determined competitive bid format or on a negotiated basis, with either as elected by Tenant in its sole expense discretion. Tenant shall ensure that all Tenant’s Work is performed in a good and at such times xxxxxxx-like manner and in such manner as full compliance with all applicable governmental regulations and to current industry standards. With respect to the Premises, Landlord may and/or Landlord’s consultants shall have the right to review, monitor, and approve all plans and materials involved in the Tenant’s Work throughout the entire construction process, provided that Landlord and/or Landlord’s consultants do not cause delays in Tenant’s construction schedule. Tenant or its designees shall obtain all permits, certificates and other governmental approvals from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either all governmental entities having jurisdiction which are necessary for the completion of the parties hereto upon Tenant’s Work. Landlord shall have the Leased Premisesright to charge Tenant a construction management/oversight fee, except movable office furniture which fee shall not exceed the actual and moveable office equipment put reasonable costs incurred by Landlord for reviewing Tenant’s plans and specifications and inspecting the construction in at the expense ordinary course of work. Provided Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the waives its termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as rights pursuant to whether or not Tenant will be required to remove such alterations from the Premises on termination Section 55 of this Lease, Landlord grants Tenant the Allowance to reimburse Tenant for a portion of the costs relating to the Tenant’s Work. Said items The Allowance shall be disbursed as follows:
(a) Fifty percent (50%) of the Allowance shall be paid by Landlord to Tenant upon completion of fifty percent (50%) of Tenant’s Work, to reimburse Tenant for amounts actually paid by Tenant in connection therewith to Tenant’s vendors, suppliers or contractors, provided that are Landlord shall have received (i) a certificate signed by Tenant and Tenant’s architect setting forth (a) that the sum then requested was paid by Tenant to contractors, subcontractors, materialmen, engineers and other persons who have rendered services or furnished materials in connection with work on the Tenant Work, (b) a complete description of such services and materials and the amounts paid or to be removed paid to each of such persons in respect thereof, and (c) that the work described in the certificate has been completed substantially in accordance with the approved plans and specifications and (ii) paid receipts or such other proof of payment as Landlord shall reasonably require for all such work completed. Landlord shall reimburse Tenant within thirty (30) days after Landlord’s receipt of a written request for reimbursement from Tenant and shall debit the Allowance therefor.
(b) The portion of Allowance not advanced pursuant to subsection (a) above shall be paid by Landlord to Tenant upon completion of the Tenant’s Work, to reimburse Tenant for amounts actually paid by Tenant in connection therewith to Tenant’s vendors, suppliers or contractors, provided that Landlord shall have received (i) a certificate in accordance with the requirements of subsection (a) above, accompanied by lien waivers satisfactory to Landlord executed by any contractors or subcontractors for whose labor or material Tenant has previously been reimbursed pursuant to subsection (a) above, (ii) paid receipts or such other proof of payment as Landlord shall reasonably require evidencing that final payment has been made for all materials and labor furnished in connection with the Tenant Work, and (iii) a copy of a final unconditional certificate of occupancy evidencing that Tenant may commence occupancy of the Premises by Tenant for all purposes set forth in this Lease. The Allowance shall be removed at used exclusively for the design and completion of the Tenant's sole cost ’s Work made within the entire Premises of the building. In no event shall less than 90% of the Tenant Improvement Allowance be spent on Tenant’s Work within the Building. The remainder of the Allowance may be further used for: a.) all customary hard and expensesoft construction costs, b.) telecommunications equipment and installation, c.) building signage, manufacturing, and all damage to the Building installation, d.) other specialty trade fixtures and Premises caused by the installation equipment, including suite premises security, cabling, and removal of said items shall be repairedwiring e.) legal fees and consultant fees, replaced and/or restored by Tenant at Tenant's sole cost and expensef.) moving costs.
Appears in 1 contract
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section Sections 10.2 and/or 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)which has a material adverse affect on the structure of the Building or which would preclude Tenant from complying with its obligations upon the surrender of the Premises at the expiration or sooner termination of the Term in accordance with the express terms of this Lease, without Landlord's ’s prior written consentconsent (which consent shall not be unreasonably withheld), and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designatedesignate upon mutual agreement with Tenant. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture furniture, trade fixtures, equipment, including hardware and moveable office equipment systems, and other components which may be removed without an adverse affect on Tenant’s compliance with its obligations upon the surrender of the Premises at the expiration or sooner termination of the Term in accordance with the express terms of this Lease, which were put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding anything herein to the foregoingcontrary, Tenant shall on at the expiration or sooner termination of this Lease the Term, Tenant, at its cost and expense Tenant’s expense, shall have the right to remove the modular Tempest enclosuregenerator installed by Tenant on the exterior of the Building, the UPS (uninterrupted power source equipment), the supplemental fire suppression system, the PDU (the power distribution units), raised flooring, the supplemental HVAC system, the data and telecommunications and telephone cabling and cable trays installed by the Tenant in the Premises (the “Removal Items”); provided, however, that (i) if Tenant elects to leave any of the Removal Items in the Second Floor Key Area, the exterior of the Building or in the area shown on Exhibit “F” attached hereto and made a part hereof (collectively, the “Second Floor Key Area”), as the case may be, and Landlord will with its approval desires to have any of any alterations notify Tenant as to whether or not Tenant will be required such Removal Items removed from such area(s), Landlord shall have the right to remove such alterations Removal Items and Tenant shall reimburse Landlord within thirty (30) days after receipt of a written invoice for the removal costs, together with reasonable supporting evidence, and (ii) if Tenant removes any of such Removal Items from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed Second Floor Key Area, Tenant, at Tenant's sole cost and ’s expense, shall restore the ceiling to a nine foot (9’) finished condition, with a reasonable amount of ceiling lights and all damage with the concrete floor slab in tact; provided, however, that prior to the Building and Premises caused by Commencement Date, Landlord shall have installed sufficient wiring so that no additional wiring is required in order for Tenant to comply with this Subsection 9(ii). Notwithstanding anything herein to the installation and removal of said items shall be repairedcontrary, replaced and/or restored by Tenant Landlord, at Tenant's sole cost ’s expense, shall have the right to restore the ceiling in the Second Floor Key Area to a nine foot (9’) height including sprinkler heads, provided that Landlord, at Landlord’s expense, shall install the ductwork to the area of the data and expensetelecommunications center.
Appears in 1 contract
Tenant's Improvements. Except Landlord and Tenant have approved Tenant’s Preliminary Space Plan attached as Exhibit FP. Based on such space plan, Landlord will prepare detailed plans (the “Tenant Improvement Plans”) for the construction of Tenant’s improvements in the Premises using Building standard materials and quantities (the “Tenant Improvements”) and promptly deliver the same to Tenant. Within five (5) business days after delivery of the Tenant Improvement Plans or any revision thereof to Tenant, Tenant, acting reasonably, shall either approve the same or request changes therein (any such requested changes shall be consistent with Exhibit FP and Building standard specifications). If Tenant requests changes therein, Landlord shall revise the Tenant Improvement Plans and promptly submit the revised Tenant Improvement Plans to Tenant for Tenant’s approval or disapproval as provided in the preceding sentence. Any changes to the extent that Tenant Improvement Plans requested by Tenant following Tenant’s approval of such plans shall be performed by Landlord is responsible at Tenant’s expense. Landlord’s general contractor shall obtain competitive bids from at least two subcontractors for making improvements each portion of the work (except for smaller portions of the work which Landlord or its general contractor determines appropriate not to bid) and shall award each such subcontract to the Leased Premises pursuant lowest bidder unless it has reasonable grounds to Section 34 do otherwise. Except for installation of this Leasefurniture, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost furnishings, movable equipment and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixturestelephone outlets (which must be performed by a telephone company at Tenant’s direction and expense) and the installation of telephone, amenitiestelevision and computer cabling (which must be installed and removed in accordance with Rules and Regulations) and except for changes to the approved Tenant Improvement Plans described above in this Section 3.2, all work described in the approved Tenant Improvement Plans shall be performed by Landlord’s general contractor at Landlord’s expense. Tenant’s interior furnishings, i.e., specification, coordination, supply and installation of furniture, furnishings, telephone, computer and movable equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consentwill be the responsibility of Tenant. Tenant’s installation of furnishings, and then only by contractors later changes or mechanics employed or approved by Landlordadditions, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and coordinated with any work being performed by Landlord in such manner as Landlord may from time to time reasonably designatemaintain harmonious labor relations and so not to damage the Building or unreasonably interfere with Building operations. All alterations, decorations, installations, additions or improvements made by either Tenant shall have access to the Premises during construction of the parties hereto upon Tenant Improvements to permit Tenant to install its equipment when construction of the Leased PremisesTenant Improvements has been sufficiently completed for Tenant do so, provided the same shall not unreasonably interfere with Landlord’s construction of the Tenant Improvements. The Tenant Improvements shall be part of the Building and shall not be removed, except movable office furniture and moveable office equipment put in that at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination expiration of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall remove such portions thereof as Landlord shall have specified at the time of preparation of the Tenant Improvement Plans. Landlord agrees to use reasonable efforts to substantially complete construction of the Tenant Improvements as provided in this Article IV on termination of this Lease at its cost and expense remove or before the modular Tempest enclosureCommencement Date, and Landlord will with its approval which date shall, however, be extended for a period equal to that of any alterations delays in the substantial completion of the Tenant Improvements due to causes beyond Landlord’s reasonable control. The Tenant Improvements shall be constructed in accordance with all applicable legal requirements. Upon substantial completion of the Tenant Improvements, Landlord and Tenant shall prepare a punchlist of unfinished items. Landlord shall promptly complete such unfinished items. The Tenant Improvements shall be deemed substantially complete on the date on which (i) construction of the same shall have been substantially completed (with the exception of items that can be completed without material interference to the conduct of Tenant’s business in the Premises) and (ii) a certificate of occupancy (or sign off) shall have been issued by the City of Boston, provided, however, that the requirement of the issuance of a certificate of occupancy (or sign off) by the City of Boston shall be waived and substantial completion shall be deemed to have occurred if the same cannot be obtained or such construction has not been substantially completed due to delays caused by Tenant (each, a “Tenant Delay Event”), including, without limitation, change orders, lack of timely cooperation by Tenant, or action with respect to the Tenant Improvement Plans, long lead time items in the Tenant Improvement Plans or any other actions or inactions by Tenant that may prevent Landlord from completing (or that may delay) any construction to be performed by it or its general contractor. Within five (5) business days of a Tenant Delay Event (except as otherwise expressly provided below), Landlord shall notify Tenant as in writing of the Tenant Delay Event. The failure of Landlord to whether or not notify Tenant will be required to remove such alterations of a Tenant Delay Event precludes Landlord from the Premises on termination claiming Tenant-caused delays in substantial completion of this Lease. Said items that are to be removed from the Premises Tenant Improvements, other than any delay by Tenant in reviewing or responding to Tenant Improvement Plans or any revision thereof, which delay shall automatically be removed at a Tenant Delay Event without need for notice to Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.
Appears in 1 contract
Samples: Lease (Management Network Group Inc)
Tenant's Improvements. Except Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the extent interior of the Premises at its own expense. Prior to commencing any such work, Xxxxxx shall first obtain the written consent of Landlord for the proposed work. Without limiting Landlord’s right to withhold its consent for any proposed alteration, addition or improvement for any reason Landlord deems appropriate, Landlord may withhold its consent for any alteration, addition, or improvement that requires work which does not comply with any applicable laws (including, without limitation, the Americans with Disabilities Act of 1990 and all regulations issued thereunder) or requires other alterations, additions or improvements of the Premises or common areas of the Real Estate in order to comply with applicable laws. Landlord is responsible for making improvements may, as a condition to its consent, require that the Leased work be done by Xxxxxxxx’s own employees and/or under Xxxxxxxx’s supervision, but at the expense of Tenant, and that Tenant give sufficient security that the Premises pursuant will be completed free and clean of liens and in a manner satisfactory to Section 34 Landlord. Upon termination of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. HoweverLandlord’s option, Tenant shall not make will repair and restore the Premises to its former condition, at Tenant’s expense, or any alterationssuch improvements, decorationsadditions, installationsor alterations installed or made by Tenant, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any except Xxxxxx’s trade fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either become part of the parties hereto upon the Leased Premises, except movable office furniture Premises and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises Landlord. Tenant may remove its trade fixtures at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, provided Tenant shall on termination of this Lease at its cost is not then in default and expense remove the modular Tempest enclosure, and Landlord will with its approval of provided further that Tenant repairs any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensesuch removal.
Appears in 1 contract
Samples: Business Property Lease (CleanCore Solutions, Inc.)
Tenant's Improvements. Except to Without the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 prior written consent of this LeaseLandlord, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant which consent shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions Tenant shall not make any alterations to the Leased Premises that (a) impair or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either compromise the structural integrity of the parties hereto upon the Leased Premises, except movable office furniture (b) reduce the overall size or the footprint of the Building, (c) reduce the overall value of the Leased Premises, or (d) that materially affect the appearance of the Leased Premises, provided, however that Tenant may, without Landlord’s consent, alter, repair, remove and moveable office equipment put install at Tenant’s sole cost and expense (i) nonstructural leasehold improvements to the interior of the Building, and (ii)the greenhouse facilities , fencing and outdoor installations as are or will be necessary for the operation of Tenant’s business (the “Permitted Improvements”) as long the Permitted Improvements are removable, not permanent in nature and do not require frost -safe footings. At least thirty (30) prior to Tenant commencing a structural alteration, Tenant shall submit to Landlord courtesy copies of a full and complete set of drawings and plans depicting the structural alteration that Tenant intends to undertake (said drawings and plans shall be reasonably detailed and, at minimum, shall be sufficient for Landlord to determine whether or not the expense proposed work complies with the foregoing requirements of this Section 9. Any alterations, improvements and additions in, or about the Leased Premises that Tenant desires to make and other items as mutually agreed which require the consent of Landlord, shall be presented at least thirty (30) days in advance of commencing work to Landlord in written form, with proposed detailed plans and specifications. Landlord’s consent shall be automatically granted if Landlord does not respond to or comment upon Tenant’s request within thirty (30) days after Landlord’s receipt of such request, plans and specifications from Tenant. Unless expressly released by Landlord in writing, all improvements or alterations, excluding those involving Personal Property, shall be and remain, at the time of expiration or other termination of this Lease, the property of Landlord and shall remain upon and be surrendered with without payment or offset unless such improvements are not attached to the Leased Premises. Landlord may require that Tenant remove any or all alterations, improvements or additions made by Tenant to the Leased Premises at the termination expiration of this Lease without molestation the Term and restore the Leased Premises to its prior condition, provided however, that or injuryany improvements or alterations which require Landlord consent, Landlord shall inform Tenant, at the time of approval of the alterations or improvements, whether such alterations or improvements will need to be removed at the expiration of the Term. Notwithstanding If Landlord shall consent to the foregoingalterations, improvements and additions or approve of the drawings and specifications therefor, as the case may be, the consent or approval shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. No alterations, improvements or other construction by Tenant shall violate any lawful rule or regulation, plat or zoning construction or other law, ordinance or regulation applicable thereto, and all alterations and improvements shall be done and performed in good and workmanlike manner, using new and first quality materials. All costs of any such improvements shall be paid by Tenant and Tenant shall allow no liens for labor or materials to attach to the Leased Premises by virtue thereof. Tenant shall give Landlord not less than ten (10) days’ notice prior to the commencement of any work in, on or about the Leased Premises, and Landlord shall have the right to post notices of non-responsibility in or on the Leased Premises as provided by law. Upon completion of any such work, Tenant shall on termination submit to Landlord as-built plans of this Lease at its cost the improvements and expense remove alterations made (if applicable), a sworn construction statement, lien waivers from all persons or entities providing materials, services or equipment for the modular Tempest enclosure, work completed and Landlord will with its approval an endorsement to Landlord’s policy of title insurance confirming the absence of any alterations notify Tenant as liens or other matters of record related to whether the work performed. To the extent that any alterations, improvements or not Tenant will be required to remove such alterations additions result in the removal from the Premises on termination Building of this Lease. Said items that are to be removed from the Premises by Tenant any building components having salvage value and such components have not been replaced with components having equal or greater value, such salvage value shall be removed at Tenant's sole cost and expense, and all damage paid to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.
Appears in 1 contract
Samples: Lease Agreement (Calyxt, Inc.)
Tenant's Improvements. Except LESSEE agrees to take good care of the property rented and to be liable for any damage to the extent property, including the payment of any charges caused by stoppage of plumbing and/or damage to other fixtures or equipment caused by improper care or misuse. LESSEE agrees that Landlord is no alterations, additional locks or bolts to the doors or windows are to be made or added, or paints or stains or nails, screws, tape or glue to the woodwork, walls, floors or furnishings are to be applied without the written consent of the LESSOR. Consent will normally be given however consideration must be given to the proposed change. If LESSEE incurs property related expenses by requesting services without the consent of the LESSOR, LESSOR will not be responsible for making the payment of such services. All improvements made by LESSEE to the Leased Premises pursuant premises which are so attached to Section 34 the premises that they cannot be removed without material injury to the premises, shall become a part of the property of the LESSOR upon installation. Not later than the last day of the term, LESSEE shall at LESSEE'S expense, remove all of the LESSEE'S personal property and any improvements made by the LESSEE which have not become the property of LESSOR, including trade fixtures, cabinet work, moveable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of the property improvements; surrender the premises in as good a condition as they were at the beginning of the term, reasonable wear and damages by fire, the elements, casualties, or other cause not due to the misuse or neglect by the LESSEE or LESSEE'S agents, servants, visitors, servants or licensees, excepted. All property of the LESSEE remaining on the property after the last day of the term of this Leaselease shall be conclusively deemed abandoned and may be removed by the LESSOR, Tenant agrees that it will make and the LESSEE shall reimburse LESSOR for the cost of such improvements to the Leased Premises as it removal. LESSOR may deem necessary have any such property stored at its sole cost LESSEE'S risk and expense. However, Tenant LESSEE shall not make any alterations, decorations, installations, additions do or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not suffer anything to be unreasonably withhelddone on the premises which will cause an increase in the rate of fire insurance on the building. LESSEE shall not permit the accumulation of waste or refuse matter on the leased premises or anywhere in or near the building and no hazardous waste may be stored, conditioned abandoned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either disposed of on the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensepremises.
Appears in 1 contract
Samples: Commercial Lease Agreement (Apollo International of Delaware Inc)
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of Provided Tenant obtains all insurance coverage required in this Lease, Tenant agrees that it will make such improvements may, prior to the Leased Commencement Date and tender of actual possession of the Premises, enter upon the Premises at Tenant's own risk at such times as it may deem necessary deems appropriate to make various improvements thereon, install fixtures and other equipment, all without unreasonably interfering with Landlord's improvements in the Building. Tenant and Landlord agree that Tenant shall, at its sole cost expense, remove the vestiges of a kitchen that remain on the premises and expenseshall not be obligated to replace and restore such kitchen when the building is surrendered. However, Tenant shall not make any alterations, decorations, installationsimprovements, additions or improvements and/or renovations to the Leased Premises (excluding cosmetic changescollectively "improvements") without first obtaining, in each instance, the estimated cost prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed, except and excluding improvements costing in the aggregate of less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), 25,000.00 may be done without Landlord's prior written consentapproval. Except only as hereinafter set forth, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or all Tenant improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, . Tenant agrees to indemnify and save harmless the Landlord from any and all damage expenses, liens, claims, damages, loss or injury to persons or property in or on the Building and Premises caused by arising out of or resulting from the installation and removal obligation, undertaking or making of said items shall be repaired, replaced and/or restored by any improvements. Tenant further agrees at Tenant's sole cost and expenseexpense to procure in each and every instance all necessary permits, licenses or the like before commencing any improvements. Tenant further agrees that all such improvements done by Tenant or Tenant's servants, employees, agents, independent contractors or the like shall be done in a good and workmanlike manner; that such improvements shall be in conformity with all laws, ordinances or regulations of all public authorities having jurisdiction (including without limitation obtaining any required Certificate of Occupancy) and all insurance inspections or rating bureaus having jurisdiction; that the Premises and/or Building will not be endangered or impaired; that no equipment shall be placed on the roof without Landlord's prior written approval; that Tenant shall, at Tenant's sole cost, repair any and all damage caused by or resulting from such improvements; and that once the improvements commence, Tenant shall complete the improvements with all reasonable diligence. Tenant agrees to pay promptly when due all charges for labor or materials in connection with any such improvements so that the Premises shall at all times be free of any and all liens.
Appears in 1 contract
Tenant's Improvements. Except to the extent that Landlord is responsible for making Tenant, at its option, may make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary from time to time, at its sole cost and expense, without Landlord’s consent (but subject to all other obligations set forth in this Section 10) and costing less than $25,000 in the aggregate. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, in excess of $50,000 or affecting the estimated cost structural components of shall be less than $2,000)the Building, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, which consent will not be unreasonably withheld, and then only by be contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense expense, and at such times and in such manner as Landlord may from time to time designate, if at any point during the Term, Tenant is not the sole occupant of the Building. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall promptly pay for the costs associated with any such alterations or additions, and shall protect, defend, indemnify and hold harmless Landlord and the Property from and against any and all liens, costs, damages and expenses incurred by Landlord in connection therewith, including any reasonable attorneys fees incurred by Landlord, if Landlord shall be joined in any action or proceeding involving such improvements. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant, as Additional Rent, upon demand. Under no circumstances shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate workmen's compensation insurance as required by the laws of the State of Colorado, public liability and builders risk insurance in such amounts and according to terms reasonably designatesatisfactory to Landlord. Landlord shall at all times have the right to post or keep posted on the Premises, or in the immediate vicinity thereof, any notices of non-responsibility for any construction, alteration or repair of the Premises by Tenant, and Tenant hereby agrees to give Landlord at least ten (10) business days prior notice of Tenant's plans to commence such work so as to enable Landlord an opportunity to post such notices. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture furniture, Tenant’s projectors in the Premises and moveable office equipment any trade fixtures of Tenant put in at the expense of Tenant or Landlord and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, such request to be made at the time Tenant requests consent for the applicable improvement under this Section 10, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by Landlord. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove Landlord reserves the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as right to whether or not Tenant will be required withdraw a request to remove improvements and to request that such alterations from improvements remain upon and be surrendered with the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensePremises.
Appears in 1 contract
Samples: Lease Agreement (Spectranetics Corp)
Tenant's Improvements. Except (a) Tenant shall, in a good and workmanlike manner, perform and diligently complete Tenant’s Improvements (as defined below) during the period commencing on the date of this Amendment and ending on February 28, 2026 (as such date may be extended by Tenant Construction Delays), subject to Section 4(f), Section 4(g) and Section 5 below and in accordance with all applicable Requirements and the terms of the Lease, including, without limitation, Article 5. Tenant shall prepare a final plan or final set of plans and specifications (such final plan or final set of plans and specifications, as the same may be modified and/or amended, as the case may be, are hereinafter called the “Tenant Improvement Final Plan”), which Tenant Improvement Final Plan shall contain complete information and dimensions necessary for Tenant’s Improvements and for the engineering in connection therewith. Landlord shall reimburse Tenant for the cost of Xxxxxx’s Improvements in an amount equal to the extent lesser of (x) the Tenant Improvement Allowance (as defined below) and (y) the actual cost of Tenant’s Improvements, upon the following terms and conditions:
(i) The Tenant Improvement Allowance shall be payable to Tenant (or to Tenant’s general contractor or construction manager, as directed by Xxxxxx) in installments as Tenant’s Improvements progress, but in no event more frequently than monthly. Installments of the Tenant Improvement Allowance shall be payable by Landlord within 30 days following Tenant’s satisfaction of each of the conditions required for disbursement set forth in this Section 4 provided that Landlord Tenant is responsible for making improvements not then in monetary or material non-monetary default under the Lease beyond any applicable notice and cure period.
(ii) Prior to the Leased Premises pursuant to Section 34 payment of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. Howeverany installment, Tenant shall not make any alterations, decorations, installations, additions or improvements deliver to the Leased Premises (excluding cosmetic changes, the estimated cost of Landlord a request for disbursement which shall be accompanied by (1) paid invoices (or invoices if Tenant shall be directing Landlord to pay Tenant’s general contractor or construction manager) for Tenant’s Improvements performed or incurred since the last disbursement of the Tenant Improvement Allowance, (2) a certificate signed by Xxxxxx’s architect (but only for work covered by such architect’s engagement) and an officer of Tenant certifying that Tenant’s Improvements and services represented by the aforesaid invoices have been satisfactorily completed substantially in accordance with the plans and specifications therefor approved by Landlord and have not been the subject of a prior disbursement of the Tenant Improvement Allowance and (3) lien waivers by architects, contractors, subcontractors and all materialmen for all such work and services; provided, that, if Tenant fails to deliver to Landlord a lien waiver for any work costing less than $2,00050,000.00 and provided that Tenant otherwise complies with the requirements of this Section 4(a)(ii), including but Landlord shall disburse the installment, less 120% of the amount owed for any such work for which Tenant has not limited todelivered a lien waiver. Landlord shall be permitted to retain from each disbursement 10% of the amount requested to be disbursed by Tenant, unless, so long as the cost incurred by Tenant to perform Tenant’s Improvements is not greater than the Tenant Improvement Allowance, the installation requisition already reflects a 10% retainage from amounts billed by the applicable contractor(s). The aggregate amount of any fixtures, amenities, equipment, appliances, or other apparatus the retainages shall be paid by Landlord to Tenant upon the completion of all of Tenant’s Improvements and upon receipt from Tenant of (except moveable office furniture A) a certificate signed by Xxxxxx’s architect and ordinary moveable business machines an officer of Tenant certifying that all of Tenant’s Improvements has been satisfactorily completed in accordance with the plans and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or specifications therefor approved by Landlord, such approval not (B) all sign-offs and inspection certificates and any permits required to be unreasonably withheldissued by the New York City Department of Buildings or any other governmental entities having jurisdiction thereover and (C) a final lien waiver from all contractors and subcontractors performing Tenant’s Improvements; provided, conditioned or delayed. All such workthat, alterationsif Tenant fails to deliver a final lien waiver for any contract for less than $50,000.00 and provided that Tenant otherwise complies with the requirements of this Section 4(a)(ii), decorations, installations, additions or improvements Landlord shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either disburse the aggregate amount of the parties hereto upon retainages, less 120% of the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of amount owed for any alterations notify Tenant as contract for less than $50,000.00 for which Xxxxxx has failed to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensedeliver a final lien waiver.
Appears in 1 contract
Samples: Lease (MSGE Spinco, Inc.)
Tenant's Improvements. Except 1. Within ten (10) days after receipt of the written notice referred to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Leasein paragraph 4(b) hereof, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expenseexpense commence and thereafter promptly complete all the work and other requirements imposed upon Tenant in Exhibit "D", (all such items being herein referred to as "Tenant's Work"). HoweverIn the event Landlord, or any person on Tenants behalf, shall perform any work or install any equipment included in Tenant's Work, Tenant, within fifteen (15) days after receipt of a xxxx therefor, shall pay to Landlord, as additional rent, a sum equal to all sums paid and costs incurred by Landlord in performing such work and/or installing such equipment plus administrative costs of Landlord in a sum equal to twenty percent (20%) of such sums and/or costs. Notwithstanding anything contained in this Paragraph 8(c) to the contrary, Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, licensees, or contractors, or their respective agents, servants, employees, licensees or contractors, for any loss or damage to the property of such party occurring prior to or subsequent to the commencement date of the term unless and solely to the extent caused by the negligence of Landlord, or its agents, servants, or employees.
2. All labor and materials necessary to the modification or completion of the Tenant's Work shall be provided at the sole expense of Tenant. Notwithstanding the foregoing, however, Tenant shall not do any work in or about the demised premises or make any alterationsalterations or additions thereto without the prior written consent of Landlord, decorations, installations, additions or improvements which consent shall not be unreasonably withheld. All of Tenant's Work to the Leased Premises (excluding cosmetic changes, the estimated cost of which Landlord consents shall be less than $2,000)performed and installed at Tenant's sole cost and expense, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture in accordance with plans and ordinary moveable business machines specifications prepared at Tenant's expense and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, and by contractors, subcontractors and suppliers of labor and material who shall in all instances be subject to Landlord's approval. During the continuance of Tenant's Work, Tenant shall maintain such approval not to insurance as Landlord may reasonably require for the benefit of Landlord and such other parties as Landlord may designate. Tenant shall, upon request of the Landlord, furnish a guarantee by each of its prime contractors and materialmen for the benefit of Landlord, Tenant and such other parties as Landlord may designate that all of Tenant's Work, materials and equipment shall be unreasonably withheldin accordance with the plans and specifications as approved by Landlord and that such contractors or materialmen will, conditioned upon notice from Landlord or delayedTenant, promptly correct and repair at their own cost and expense any deficiency, defect, fault or imperfection of materials, equipment or workmanship which appears within one (1) year after completion of such work or installation.
3. All such work, alterations, decorations, installations, additions or improvements None of the Tenant's Work at the demised premises shall be done by anyone other than Landlord except after the filing of a waiver of the right to file any lien therefor (commonly known as a "mechanics' and/or materialmen's lien") with Landlord, and the recording of the same, at Tenant's sole expense expense, with the Court of Common Pleas of Xxxxxxxxxx County, Pennsylvania, so as to constitute an effective waiver by anyone having a right to file such a lien. If any such lien is filed, Tenant shall, at its expense, cause such lien to be discharged or satisfied within 15 days after the filing thereof.
4. None of the Tenant's Work shall be performed or installed except by workmen and at mechanics working in harmony with and not interfering with labor employed by Landlord, Landlord's mechanics or their contractors or by any other tenants of the building or their contractors. Any violation hereof shall permit Landlord to withdraw its prior consent to or permission for any such times and in such manner as Landlord may from time to time reasonably designatework or installation.
5. All Any alterations, decorations, installations, improvements or additions or improvements made by either of the parties hereto Tenant shall remain upon the Leased Premises, except movable office furniture and moveable office equipment put in demised premises at the expense expiration or earlier termination of Tenant this Lease and other items as mutually agreed upon in writing, shall be become the property of Landlord unless, prior to such termination, Landlord shall have given Tenant written notice to remove the same, in which event Tenant shall remove such items as Landlord has designated in such notice and shall restore the demised premises to the same good order and condition in which they were at the time of delivery of possession to Tenant, normal wear and tear excepted. Should Tenant fail to do so, Landlord may do so and Tenant shall immediately upon presentment of a xxxx therefor by Landlord, pay to Landlord as additional rent the cost and expense thereof plus administrative costs of Landlord in a sum equal to twenty percent (20%) of such sums and/or costs as additional rent.
6. Upon the termination of this Lease, items such as desks, chairs, tables, counters, shelves, trade equipment and other normally easily removable items may be removed by Tenant. With any damage or injury to the demised premises resulting from such removal being repaired at Tenant's expense. Tenant shall promptly restore the premises to their original order and condition upon removal of such items. No such items shall be removed without the prior written consent of the Landlord if Tenant shall then be in default pursuant to the terms of this Lease.
7. All other fixtures installed by Tenant in the demised premises, such as lighting and plumbing fixtures, air-conditioning and heating equipment, built-in cabinets, display cases, shelving, desks and sinks and the like, shall not be removed without the prior written consent of the Landlord. At the termination of this Lease, all of such fixtures shall automatically become Landlord's property and shall remain upon and be surrendered with the Leased Premises at demised premises as part thereof and without the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval payment of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises further consideration by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.
Appears in 1 contract
Samples: Lease Agreement (Scan Graphics Inc)
Tenant's Improvements. Except Not later than the Submission Date, Tenant shall provide Landlord with its initial Plans. Landlord shall promptly review the initial Plans and any revisions thereof and shall notify Tenant of any required changes. If Tenant fails to submit its initial Plans by the Submission Date or fails to submit any revised Plans by the dates required by Landlord or if Landlord reasonably determines that the Plans are so inconsistent with the Schedules as to not permit approval by Landlord, then, in any of such events, if such failure continues for more than ten (10) days after notice from Landlord, Landlord may at its option terminate this Lease by written notice to Tenant in which event this Lease shall terminate as of the date fifteen (15) days after Landlord's notice. No deviation from the final Plans approved by Landlord shall be made by Tenant without Landlord's prior written consent. Approval of the Plans by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord's architect for their accuracy, efficiency, sufficiency or compliance with any Laws, and Tenant shall be solely responsible for such items. Prior to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this LeaseRental Commencement Date, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost complete all of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designateWork. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required permitted by Landlord to remove such alterations from enter the Premises on termination for the purpose of performing Tenant's Work and for the purpose of installing its fixtures and other equipment, provided Tenant shall have (a) obtained Landlord's written approval of the Plans, (b) deposited with Landlord all policies or certificates of insurance required by this Lease, and (c) deposited with Landlord all deposits required by the Work Schedules. Said items that are Tenant's Work shall be conducted so as not to be removed from unreasonably interfere with Landlord's construction activities or with the Premises by activities and operations of other tenants and occupants of the Shopping Center, and Tenant shall be removed otherwise comply, at Tenant's sole cost and its expense, with all other obligations of Tenant under the Work Schedules, and shall perform all damage to the Building other duties and Premises caused obligations imposed by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensethis Lease.
Appears in 1 contract
Samples: Lease Agreement (Ashworth Inc)
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 35 of this Lease, Tenant agrees that it will shall make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's prior written consent, which consent shall not be unreasonably withheld, and then only by contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord's consent to and/or approval of Tenant's plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoingUpon request by Landlord, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosureTenant, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, shall remove any and all damage special improvements to the Building Premises made by or on behalf of Tenant, including, without limitation, supplemental HVAC and Premises caused by raised flooring, but exclusive of improvements that Landlord is responsible for pursuant to Section 35 of the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLease.
Appears in 1 contract
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 Within ninety (90) days after execution of this Lease, Tenant agrees that it will make such shall submit for Landlord's approval (which shall not unreasonably be denied or delayed) preliminary plans ("Tenant's -------- Preliminary Plans") showing Tenant's proposed improvements ----------------- ("Tenant's Improvements") to the Leased Premises. If Landlord does not respond in writing and in reasonable detail to Tenant's request for approval within fifteen (15) days after Landlord's receipt thereof, then Landlord's approval shall be deemed given. Landlord shall assist and cooperate with Tenant in Tenant's efforts to obtain approval of Tenant's Preliminary Plans (to the extent necessary) by all appropriate governmental agencies. Within ten (10) days after (i) Tenant's Preliminary Plans have been approved by the appropriate governmental agencies, and (ii) Tenant has accepted possession of the Premises as it may deem necessary at its sole cost and expense. Howeverfrom Landlord, Tenant shall not make any alterationscommence construction of Tenant's Improvements, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of which construction shall be less than $2,000)completed diligently and in substantial conformity with Tenant's Preliminary Plans and in compliance with Legal Requirements. Following completion of Tenant's Improvements, including but not limited toTenant shall provide Landlord with a revised draft of Tenant's Preliminary Plans if any changes affecting structural or exterior elements of the Premises were made from the draft of Tenant's Preliminary Plans originally approved by Landlord; provided, the installation of any fixtureshowever, amenities, equipment, appliances, no such structural or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), exterior changes shall be made without Landlord's prior written consentapproval (to the extent required hereby), which Landlord shall not unreasonably withhold, delay or condition. All of Tenant's Improvements shall become part of the Premises, and then only by contractors or mechanics employed or approved by Landlord, such approval not Tenant shall have no obligation to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of remove the parties hereto same upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation expiration or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.
Appears in 1 contract
Samples: Lease (99 Cents Only Stores)
Tenant's Improvements. Except (a) Tenant shall obtain the prior written approval of Landlord to all plans and specifications for all major improvements upon the extent that Leased Property whether interior, exterior, structural, mechanical, electrical or otherwise. All Tenant’s work, as herein provided, shall be done at the sole cost and expense of Tenant, in accordance with all applicable laws and governmental regulations and without deviation from the plans and specifications approved by Landlord. Approval of the plans and specifications by Landlord is shall not constitute the assumption of any responsibility by Landlord for their accuracy, sufficiency, safety or compliance with law and Tenant shall be solely responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, such items. Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall obtain at its sole cost and immediately thereafter furnish to Landlord all certificates and approvals required by any governmental authorities and necessary to complete the Tenant’s construction work, and shall furnish a certificate of occupancy to Landlord upon completion. Tenant shall promptly and regularly remove, at its expense, all trash and waste materials resulting during the course of performance of its work or remaining thereafter. HoweverUpon Landlord's request, Tenant shall not make any alterations, decorations, installations, additions or improvements provide Landlord with payment and performance bonds guaranteeing the completion of all work required to be done by Tenant pursuant to this Article
(b) All trade fixtures and apparatus installed by Tenant on the Leased Premises (excluding cosmetic changesProperty, except such as may be the estimated cost property of Landlord, shall remain the property of the Tenant and shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may removable from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either and also at the expiration of the parties hereto upon term of this Lease or any renewal or extension thereof, or other termination thereof, provided Tenant shall not at such time be in default under any covenant or agreement contained in this Lease; otherwise, Landlord shall have a lien on said fixtures or apparatus as security against loss and damage resulting from defaults by Tenant.
(c) Tenant shall repair and restore the Leased PremisesProperty following the removal or replacement of its trade fixtures, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises whether during or at the termination of this Lease without molestation or injury. Notwithstanding the foregoingLease, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by condition of the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Leased Property prior to Tenant's sole cost and expense’s occupancy.
Appears in 1 contract
Tenant's Improvements. Except to 6.2.1. Tenant and Landlord have prepared a space plan and outline specifications (the extent that Landlord is responsible "Space Plans") for making the layout of Tenant's leasehold improvements to the Leased Premises pursuant ("Tenant's Improvements"). Tenant's Improvements shall not include Tenant's furniture, trade fixtures, equipment and personal property and are limited to Section 34 normal office fit-up construction, as generally laid out and specified on the Space Plans. Tenant acknowledges that Tenant's Improvements have been designed to the general quality of this Leasethe design of the Building and in accordance with Landlord's building standards for office build-out for the Building. Landlord has submitted the Space Plans to Tenant and Tenant has approved the Space Plans. The Space Plans are attached hereto as Exhibit C.
6.2.2. Based upon the Space Plans, the Landlord shall cause final plans and specifications, sufficient to permit the construction of Tenant's Improvements, to be prepared (the "Plans"), which Plans shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed and shall be deemed given if not disapproved of in writing (with a detailed list of the deficiencies in the Plans) within 5 days of submittal. Tenant's approval of the Plans shall be consistent with previous approvals, choices and directions given. Tenant understands and agrees that changes to the Space Plans that may be needed or desired by Tenant, and or the specification by Tenant of any components or finishes that are not building-standard or as depicted on the Space Plans, will be incorporated into the Plans only if (i) such changes do not modify the scope or character of the Tenant's Improvements or any material component thereof, and (ii) such changes will not, individually or in the aggregate, in Landlord's reasonable opinion, will not result in a likelihood of delay in the substantial completion of Tenant's Improvements. Tenant agrees that it will if such changes do result in delay in substantial completion, same shall be deemed a Tenant Delay (as defined below).
6.2.3. Following the completion and approval of the Plans, Landlord shall proceed, using reasonable efforts, to obtain all necessary permits and approvals for the construction of Tenant's Improvements, and to proceed to construct Tenant's Improvements in substantial conformance with the Plans. Landlord reserves the right to make such improvements changes and substitutions to the Leased Plans in connection with the construction of Tenant's Improvements, provided same do not materially adversely modify the Plans approved by Tenant, and Tenant agrees to not unreasonably withhold or delay its consent to any changes that do materially adversely modify the Plans, in accordance with subsection 6.2.2.
6.2.4. Landlord agrees to use reasonable efforts to substantially complete Tenant's Improvements by the Scheduled Commencement Date.
6.2.5. Tenant's Improvements shall be deemed substantially complete on the date (the "Substantial Completion Date") as of which a certificate of occupancy (temporary or permanent) permitting the use of the Premises as it may deem necessary at its sole cost and expense. Howeveris available from the Town of Burlington, with remaining items of work (of which Tenant shall not make any alterationsgive Landlord notice, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not as provided below) to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner completed as Landlord may from time to time soon as reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injurypracticable thereafter. Notwithstanding the foregoing, if any delay in the substantial completion of the Tenant's Improvements by Landlord is due to Tenant Delays, then the Substantial Completion Date shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are deemed to be removed from the Premises date Tenant's Improvements would have been substantially completed, if not for same, as reasonably determined by Landlord. "Tenant Delays" shall mean delays caused by: (i) requirements of the Plans requested by Tenant shall be removed at that do not conform to Landlord's building standards for office build-out, or which contain long lead-time or non-standard items requested by Tenant; (ii) any change in the Plans requested by Tenant; (iii) failure to approve the Plans (or changes thereto or modifications thereof) within the time limits provided herein; (iv) any request by Tenant for a delay in the commencement or completion of Tenant's sole cost and expenseImprovements for any reason; or (v) any other act or omission of Tenant or its employees, and all damage to agents or contractors which causes a delay in the Building and Premises caused by Substantial Completion of the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseImprovements.
Appears in 1 contract
Samples: Lease (Workgroup Technology Corp)
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 35 of this Lease, Tenant agrees that it will shall have the right to make such non-structural improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus apparatus, the cost of which exceeds the greater of (except moveable office furniture 1) Five Dollars ($5.00) per square foot of the area being altered and ordinary moveable business machines and equipment(2) $250,000 (increased by three percent (3%) each Lease Year), without Landlord's ’s prior written consentconsent (such consent not to be unreasonably conditioned, delayed or withheld), and then only by contractors or mechanics employed or reasonably approved by Landlord, Landlord and provided that Landlord is given plans and CADD drawings for such approval not to be unreasonably withheld, conditioned or delayedalterations. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate if not paid within said 30 day period. Notwithstanding the foregoing, Tenant no work performed pursuant to Section 35 hereof shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensethe end of the Term, except at Landlord’s option, internal stairwells constructed as part of the Tenant Improvements.
Appears in 1 contract
Tenant's Improvements. Except to 6.2.1 Tenant has provided Landlord with all necessary information regarding Tenant’s space planning needs in connection with its use of the extent that Premises. Based upon such information supplied by Tenant, Landlord is responsible has prepared a space plan and outline specifications (the “Space Plans”) for making the layout of Tenant’s leasehold improvements to the Leased Premises pursuant (“Tenant’s Improvements”). Tenant’s Improvements shall not include Tenant’s furniture, trade fixtures, equipment and personal property and are limited to Section 34 normal office fit-up construction, as generally laid out and specified on the Space Plans. Tenant acknowledges that Tenant’s Improvements have been designed to the general quality of this Leasethe design of the Building and in accordance with Landlord’s building standards for office build-out for the Building. Landlord has submitted the proposed and preliminary Space Plans to Tenant and Tenant has approved the proposed and preliminary Space Plans. The Landlord and the Tenant agree and understand that as the construction work begins, some changes may be necessary to the Space Plans and the parties agree to work together in good faith to coordinate any alterations to the Space Plans. The Space Plans are attached hereto as Exhibit C.
6.2.2 Based upon the approved final Space Plans (see below), the Landlord shall cause final plans and specifications, sufficient to permit the construction of Tenant’s Improvements, to be prepared (the “Plans”), which Plans shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed and shall be deemed given if not disapproved of in writing (with a detailed list of the deficiencies in the Plans) within 7 days of submittal. Tenant’s approval of the Plans shall be substantially consistent with previous approvals, choices and directions given. Tenant understands and agrees that changes to the Space Plans that may be needed or desired by Tenant, and or the specification by Tenant of any components or finishes that are not building-standard or as depicted on the Space Plans, will be incorporated into the Plans if (a) such changes do not materially modify the scope or character of the Tenant’s Improvements or any material component thereof, and (b) such changes will not, individually or in the aggregate, in Landlord’s reasonable opinion, result in a likelihood of a material delay in the substantial completion of Tenant’s Improvements, or (c) such changes are agreed to in writing by the Landlord and the Tenant. Tenant agrees that it will make any additional cost resulting from such improvements changes, after final approval of the Space Plans, as well as from any changes to the Leased Premises as it may deem necessary at its sole cost Tenant’s Improvements after the final approval of the Plans (including design and expense. Howeverconstruction costs, Tenant shall not make any alterationsincluding materials, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of labor and general conditions costs) shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense responsibility of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises paid in full by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.Landlord within
Appears in 1 contract
Samples: Lease (Aware Inc /Ma/)
Tenant's Improvements. Except Tenant shall have the right to the extent that Landlord is responsible for making make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, to the installation of any fixtures, amenities, equipment, appliances, or other apparatus the cost of which exceeds the greater of (except moveable office furniture 1) Five Dollars ($5.00) per square foot of the area being altered and ordinary moveable business machines (2) $125,000 per calendar year (increased by three and equipmentone-half percent (3.5%) each Lease Year), without Landlord's ’s prior written consentconsent (such consent not to be unreasonably conditioned, delayed or withheld), and then only by contractors or mechanics employed or reasonably approved by Landlord, Landlord and provided that Landlord is given plans and CADD drawings for such approval not to be unreasonably withheld, conditioned or delayedalterations. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord agrees to respond to Tenant’s written request for approval of the plans and specifications for any such alterations requiring Landlord’s approval within ten (10) days after delivery of the same. Landlord’s response for Tenant’s request for approval of the plans and specifications shall be in writing and, if Landlord withholds its consent to any such alterations described in any such plans and specifications, Landlord shall specify the basis for such disapproval, and Landlord will use reasonable efforts to include (but in no event shall Landlord be obligated to provide) changes to Tenant’s plans and specifications which would be required to obtain Landlord’s approval. If Landlord fails to approve or disapprove the plans and specifications submitted by Tenant within such ten (10) day period, Tenant shall provide Landlord with a second written request for approval (a “Follow-Up Request”) that specifically identifies the applicable plans and specifications and contains the following statement in bold and capital letters: “THIS IS A FOLLOW-UP REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE PROVISIONS OF SECTION 10 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE PLANS DESCRIBED HEREIN, AND TENANT MAY, SUBJECT TO THE PROVISIONS OF THE LEASE, COMMENCE THE ALTERATIONS DESCRIBED IN THE PLANS.” If Landlord fails to respond to such Follow-Up Request within five (5) Business Days after receipt by Landlord of the Follow-Up Request, the plans and specifications in question shall be deemed approved by Landlord, and Tenant may, subject to the other terms of this Lease, commence such alterations described therein. If Landlord timely delivers to Tenant notice of Landlord’s disapproval of any plans and specifications, Tenant may revise Tenant’s plans and specifications and resubmit such plans and specifications to Landlord; in such event, the scope of Landlord’s review of such plans and specifications shall be limited to Tenant’s correction of the items in which Landlord had previously objected in writing. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding If Tenant fails to remove any such furniture or other personal property, Landlord shall have the foregoingright, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall on termination reimburse Landlord for the costs of this Lease such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or Default Rate if not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of paid within said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense30 day period.
Appears in 1 contract
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to providing the Leased Premises Allowance pursuant to Section 34 35 of this Lease, Tenant agrees that it will shall make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the Tenant Improvements (as defined herein), the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayed, and then only by contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned unreasonable withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make decorative or non-structural alterations within the Premises costing less than $50,000 without the necessity of Landlord’s prior consent, but in accordance with all other terms and conditions of this Section 10 and only upon prior written notice to Landlord thereof. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense expense, other than the Allowance which shall be provided by Landlord for the Tenant Improvements, and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, such request given at the time Landlord provides consent under this Section 10, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by Landlord. Notwithstanding the foregoing, Tenant shall have the right to remove all trade fixtures, if owned by Tenant, at the termination of this Lease, provided Tenant repairs any damage caused by such removal and returns the Premises in the condition required by Section 11.4 of this Lease. The parties acknowledge that DB will leave certain property in the Premises at the expiration of the DB Sublease, including the existing furniture, raised flooring, wiring, emergency generator and corresponding underground fuel storage tank and a vault (the “DB Property”), all as more particularly shown on Exhibit “C,” attached hereto and made a part hereof. The DB Property may be used by Tenant during the Term, at no cost to Tenant, but shall be the property of Landlord and shall remain upon and be surrendered with the Premises at the termination of this Lease at its cost and expense remove the modular Tempest enclosure, and without molestation or injury. Landlord will with its approval of any alterations notify Tenant makes no representations or warranties as to whether or not Tenant will be required to remove such alterations from the Premises on termination condition of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseDB Property.
Appears in 1 contract
Tenant's Improvements. Except Subject to the extent that terms of any Underlying Mortgage (as defined in Section 34 hereof), any structural alterations or improvements or any non-structural improvements or alterations costing more than Twenty Thousand and No/100 Dollars ($20,000.00) shall require Landlord's written consent, which consent shall not be unreasonably withheld. Landlord's consent shall be automatically granted if Landlord is responsible for making improvements does not respond to Tenant's request within ten (10) days after notice and submission of preliminary plans and specifications from Tenant. Subject to the Leased Premises pursuant to Section 34 preceding sentence and the terms of any Underlying Mortgage, during the full Term of this Lease, Tenant agrees that shall have the right, at any time during the term of this Lease, and from time to time, at its own cost and sole expense and liability, to place or install within the Leased Premises, such nonstructural leasehold improvements not exceeding $20,000.00 as it will make shall desire. Unless expressly released by Landlord in writing, all such improvements shall be and remain, at the time of expiration or other termination of this Lease, the property of Landlord without payment or offset unless such improvements are not attached to the Premises, excluding signage and other equipment specific to Tenant's business whether or not attached to the building, as long as the equipment can be removed without damage to the Building. No such installation or construction by Tenant shall violate any lawful rule or regulation, plan or zoning construction or other law, ordinance or regulation applicable thereto, and all alterations and improvements shall be done and performed in good and workmanlike manner and blend architecturally with the existing design and style of the balance of the subject Building or other improvement being altered and shall not diminish the value of the subject Building or other improvement as of the date of the commencement of the subject improvement. All costs of any such improvements shall be paid by Tenant and Tenant shall allow no liens for labor or materials to attach to the Leased Premises as it may deem necessary at its sole cost and expenseby virtue thereof. However, Tenant shall give Landlord not make less than ten (10) days notice prior to the commencement of any alterationswork in, decorations, installations, additions on or improvements to about the Leased Premises (excluding cosmetic changes, and Landlord shall have the estimated cost right to post notices of shall be less than $2,000), including but not limited to, non-responsibility in or on the installation of Leased Premises as provided by law. Landlord may require that Tenant remove any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, all alterations, decorations, installations, improvements or additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with to the Leased Premises at the termination expiration of this Lease without molestation the Term and restore the Leased Premises to its prior condition, only if not previously approved by Landlord in writing. If Landlord shall consent to the alterations, improvements and additions or injuryapprove of the drawings and specifications, as the case may be, the consent or approval shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, or for use in the modular Tempest enclosureLeased Premises, and Landlord will with its approval of which claims are or may be secured by any alterations notify Tenant as to whether mechanic's or not Tenant will be required to remove such alterations from materialmen's lien against the Leased Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseor any interest therein.
Appears in 1 contract
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or and/or improvements to the Leased Premises (excluding cosmetic changesPremises, the estimated cost of shall be less than $2,000)including, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, appliances or other apparatus (except moveable office furniture and ordinary moveable business machines and equipmentcollectively, the "Work"), without Landlord's prior written consentconsent which shall not be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics employed or approved by Landlord. Notwithstanding the foregoing, such approval Tenant shall have the right, without Landlord's consent, to make non-structural repairs to the Leased Premises which do not to be unreasonably withheldaffect the roof, conditioned mechanical, electrical or delayedplumbing systems of the Building, and which do not, in any lease year, cost more than Ten Thousand Dollars ($10,000) in the aggregate. All such work, alterations, decorations, installations, additions or improvements Work shall be done at Tenant's sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterationssuch Work shall be done under the general supervision of Landlord to assure standard quality improvements on the Real Property for which Landlord shall be paid a reasonable supervisory fee, decorations, installations, additions or improvements made not to exceed seven percent (7%) of the cost of the Work. All such Work done by either of the parties hereto upon the Leased Premises, except movable office furniture furniture, equipment and moveable office equipment trade fixtures put in at the expense of Tenant and other items as mutually agreed upon in writingTenant, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing; provided, however, that Landlord may elect to require Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from all or any part of said work at the Premises on termination expiration of this Lease. Said items that are to be removed from the Premises by Tenant , in which event such removal shall be removed done at Tenant's sole cost and expense. At Tenant's request, and all damage Landlord will inform Tenant at the time it grants its consent to any proposed Work, of whether the Building and Premises caused by the installation and removal of said items shall Work must be repaired, replaced and/or restored removed by Tenant at Tenant's the expiration of the Lease Term. Tenant shall, at its sole cost and expense, repair any damage to the Leased Premises and/or the Building caused by such removal or by the removal of its personalty.
Appears in 1 contract
Samples: Lease Agreement (Vocus, Inc.)
Tenant's Improvements. Except to (a) After the extent that Landlord is responsible for making improvements to the Leased Expansion Premises pursuant to Section 34 of this LeaseDelivery Date, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary perform, at its sole cost and expense, the following construction work (hereafter "Tenant's Improvements"): (i) Install building standard carpet and paint; (ii) remove existing demising wall within the Expansion Premises; and (iii) Tenant shall connect all electrical circuitry for the Expansion Premises to the electric meter presently servicing the Original Premises. HoweverUpon expiration of the Expansion Premises Term, at Landlord's option, Landlord may require Tenant to reconnect the electrical service for the Expansion Premises to the Building's electric meter.
(b) Tenant's Improvements shall be constructed with the Landlord's contractor and consultants and shall be directly supervised by Landlord's Project Manager. In consideration of the supervisory, logistical and review work to be performed by Landlord in connection with Tenant's Improvements, Tenant agrees to pay Landlord a "Coordination Fee" equal to $2,654.00. Such coordination fee shall be paid within ten (10) days of billing by Landlord.
(c) Tenant shall contract directly with Landlord's contractor and consultants to construct Tenant's Improvement.
(d) Tenant acknowledges that Landlord has established procedures for relations with the Building and Planning Departments of the City and County of San Francisco and that Tenant, Tenant's representatives, architects, or agents shall not contact any representatives of the City and County of San Francisco without the presence of Landlord's representative to assure consistency of treatment of the Building and its tenants by such governmental agencies. Any such contact by Tenant's representatives in contravention of this provision which causes an alteration in governmental treatment of the Building which results in additional costs to the Building or any tenant therein, shall be borne by the Tenant.
(e) Subject to the provisions of paragraph 1.3(d), Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises be solely responsible for obtaining all necessary governmental approvals and permits (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited toto the approval of the San Francisco City Planning Department) required to commence and complete the Tenant's Improvements after obtaining the prior approval of Landlord before making any submittal to any governmental agency for permit, the installation which approval of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval Landlord shall not to be unreasonably withheld; and immediately upon receipt thereof, conditioned or delayed. All Tenant shall deliver copies of all such workapprovals and permits to Landlord.
(f) Except as expressly set forth to the contrary in the Lease with respect to Code Compliance, alterations, decorations, installations, additions or improvements it shall be done at Tenant's sole expense responsibility to satisfy all applicable building code requirements and at such times governmental rules and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either regulations concerning the design and construction of the parties hereto upon the Leased PremisesTenant's Improvements. Tenant acknowledges that applying for necessary governmental approvals and permits may, except movable office furniture and moveable office equipment put as a consequence, require Tenant to construct improvements beyond those contemplated in at the expense of Tenant and other items as mutually agreed upon in writingSection 1.3(a). Tenant, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, shall construct any and all damage to the Building improvements, charges and Premises caused alterations required by the installation and removal governmental authorities by reason of said items shall be repaired, replaced and/or restored by Tenant at applying for governmental permits or actually constructing Tenant's sole cost and expenseImprovements including, without limitation, Life Safety review compliance, ADA, etc.
Appears in 1 contract
Samples: Lease (Focal Communications Corp)
Tenant's Improvements. Except to the extent that Landlord is responsible for making Tenant shall make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding Upon request by Landlord, Tenant, at Tenant’s expense, shall remove from the foregoing, Tenant shall on Premises upon the termination of this Lease at its cost Lease, (i) the walls and expense remove doors of the modular Tempest enclosuresecurity storage room in the Premises and repair any damage caused by such removal by Tenant of such walls and doors, and (ii) any and all special improvements made by Tenant in the Premises after the date of this Lease if Landlord will with its notified Tenant in writing at the time of the approval by Landlord of any alterations notify such special improvements that Tenant as to whether or not Tenant will would be required to remove such alterations special improvements from the Premises on upon the termination of this Lease. Said items that are Tenant shall repair any damage caused by Tenant vacating the Premises. Except as provided in the two immediately preceding sentences, Tenant shall not be liable for any costs associated with any restoration of the Premises to be removed the condition in which it existed at any other time. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the actual costs paid by Landlord for such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the Premises date the costs were actually paid by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.
Appears in 1 contract
Samples: Deed of Lease (Infodata Systems Inc)
Tenant's Improvements. Except At the expiry or sooner determination of the Lease, the Tenant may, and must if the Landlord requires the Tenant by written notice to do so, remove the Tenant's Improvements and/or property (whether in whole or in part) from the Premises, whereby the Tenant must continue to pay the Rent, the Outgoings and all other money payable under this Lease until it has removed the Tenant's Improvements and/or property from the Premises. If the Tenant, with the Landlord's consent, elects to leave the Tenant's Improvements and/or property (whether in whole or in part) on the Premises, the Tenant must deliver up the Tenant's Improvements and/or property in good repair and condition in accordance with the Tenant's obligations under this Lease. The Tenant must not cause or contribute to any damage to the extent Premises (not including any Tenant's Improvements that Landlord is responsible for making improvements form part of the Premises), the Land or the Landlord’s property on the Land in the removal of the Tenant's Improvements. If the Tenant causes or contributes to any damage to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changesnot including any Tenant's Improvements that form part of the Premises), the estimated cost Land or the Landlord’s property on the Land in the removal of shall be less than $2,000), including but not limited tothe Tenant's Improvements, the installation of any fixturesTenant must make good the damage. If the Tenant fails to make good, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as the Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of make good and clean the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination Cost of and as agent for the Tenant. When this Lease without molestation ends it will not prejudice or injury. Notwithstanding affect any rights or remedies of the foregoing, Landlord against the Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval in respect of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused earlier breach by the installation Tenant of any Lease covenants and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseconditions.
Appears in 1 contract
Samples: Lease Agreement
Tenant's Improvements. Except (a) Tenant shall obtain the prior written approval of Landlord to all plans and specifications for all major improvements upon the extent that Leased Property whether interior, exterior, structural, mechanical, electrical or otherwise. All Tenant’s work, as herein provided, shall be done at the sole cost and expense of Tenant, in accordance with all applicable laws and governmental regulations and without deviation from the plans and specifications approved by Landlord. Approval of the plans and specifications by Landlord is shall not constitute the assumption of any responsibility by Landlord for their accuracy, sufficiency, safety or compliance with law and Tenant shall be solely responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, such items. Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall obtain at its sole cost and immediately thereafter furnish to Landlord all certificates and approvals required by any governmental authorities and necessary to complete the Tenant’s construction work, and shall furnish a certificate of occupancy to Landlord upon completion. Tenant shall promptly and regularly remove, at its expense, all trash and waste materials resulting during the course of performance of its work or remaining thereafter. HoweverUpon Landlord’s request, Tenant shall not make any alterations, decorations, installations, additions or improvements provide Landlord with payment and performance bonds guaranteeing the completion of all work required to be done by Tenant pursuant to this Article
(b) All trade fixtures and apparatus installed by Tenant on the Leased Premises (excluding cosmetic changesProperty, except such as may be the estimated cost property of Landlord, shall remain the property of the Tenant and shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may removable from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either and also at the expiration of the parties hereto upon term of this Lease or any renewal or extension thereof, or other termination thereof, provided Tenant shall not at such time be in default under any covenant or agreement contained in this Lease; otherwise, Landlord shall have a lien on said fixtures or apparatus as security against loss and damage resulting from defaults by Tenant.
(c) Tenant shall repair and restore the Leased PremisesProperty following the removal or replacement of its trade fixtures, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises whether during or at the termination of this Lease without molestation or injury. Notwithstanding the foregoingLease, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by condition of the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Leased Property prior to Tenant's sole cost and expense’s occupancy.
Appears in 1 contract
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 Promptly upon execution of this Lease, Landlord and Tenant agrees that it will make such improvements to shall jointly develop a mutually acceptable space plan and finishing schedule for the Leased Premises as it may deem necessary at its sole that is consistent throughout the Leased Premises, is consistent with Building Standards, and meets Tenant's requirements (the "Space Design"). The Space Design shall be provided by the Landlord's Architect and the cost shall be included in the Tenant Improvement Allowance. Upon completion of the Space Design, an architectural firm shall be selected by Landlord ("Landlord's Architect") from those listed on Exhibit C, attached hereto and expenseincorporated herein, to prepare the complete construction documents (the "Tenant Improvement Plans"). However, The Tenant Improvement Plans shall not make any alterations, decorations, installations, additions or fully describe all leasehold improvements to required in connection with the build out of the Leased Premises (excluding cosmetic changesthe "Tenant's Improvements") and shall include all required construction drawings, construction documents and specifications, finishing schedules, structural designs and plans, mechanical designs and plans, electrical designs and plans, plumbing designs and plans, and any other documents or items necessary in connection with obtaining bids for the Tenant Improvement Plans and in connection with obtaining building permits for the Tenant Improvement Plans and occupancy certificates or use permits for the Leased Premises, with the exception of any details, specifications, and/or designs of trade specific equipment that Landlord's Architect can not reasonably include in the Tenant Improvement Plans. Landlord shall contract with Landlord's Architect in connection with the preparation and submission of the Tenant Improvement Plans. Upon completion thereof and the approval of Tenant, the estimated cost of Space Design and the Tenant Improvement Plans shall be less than $2,000attached hereto as Exhibit D-1 and D-2, each hereby being incorporated herein. All Tenant Improvements shall be strictly in accordance with all Landlord's specifications for interior building finishes, (the Building Interior Finish Specifications), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consentattached hereto as Exhibit E, and then only by contractors or mechanics employed or incorporated herein, unless otherwise approved by Landlord, such approval not to be unreasonably withheldwithheld provided the change does not alter the character or quality of the Building. Landlord shall have the right, conditioned or delayed. All such workbut not the obligation, alterations, decorations, installations, additions or improvements to contract with the Project General Contractor and any other party as required in connection with the construction of the Tenant's Improvements and all costs thereof (not to exceed the amount of the Tenant Improvement Allowance) shall be done at Tenant's sole expense paid by Landlord and at such times charged to (and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be considered a part of) the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseImprovement Allowance.
Appears in 1 contract
Samples: Lease Agreement (Comstock Homebuilding Companies, Inc.)
Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 35 of this Lease, Tenant agrees that it will shall make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any permanent fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's prior written consent, such consent not to be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make non-structural, cosmetic improvements in the Premises which cost less than $120,000 in any single instance, without obtaining Landlord's prior written consent, provided that Tenant notifies Landlord in advance of making such improvements. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord's consent to and/or approval of Tenant's plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Property and the Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant Tenant, Tenant's Personalty (as defined below), trade fixtures, equipment, including hardware and systems and other components which may be removed without an adverse effect on Tenant's lease obligations and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding anything herein to the foregoingcontrary, Landlord agrees that Tenant shall on termination may alter and rearrange the non-structural portions of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination from time to time as may, in the reasonable opinion of Tenant, be necessary or convenient to the conduct of its business. It is expressly agreed that Tenant may securely attach to the Premises, with screws or otherwise, such trade fixtures, equipment or other personal property (collectively, "Tenant's Personalty") as may be convenient for the conduct of its business, including, but not limited to, desks, counters, cabinetry, movable partitions, shelving, computer, photocopy and word processing equipment, lighting fixtures, safes, uninterrupted power source equipment, cabling, generator, raised flooring, cable trays, movable millwork and appliances. Tenant's Personalty shall remain the property of Tenant and, shall be removed by Tenant at, or prior to, the expiration of the Term of the Lease, in accordance with the provisions of this Lease. Said items , provided that are to be removed from Tenant restores the Premises to substantially the same condition as existed immediately prior to the installation of the Personalty, ordinary wear and tear excepted. Notwithstanding the immediately preceding sentence, upon request by Tenant shall be removed Landlord at the time of approving the plans and specifications, Tenant, at Tenant's sole cost and expense, shall remove supplemental HVAC and all damage to raised flooring upon the Building and Premises caused by termination of the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLease.
Appears in 1 contract
Tenant's Improvements. Except to Aside from those improvements governed by the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. HoweverWork Letter, Tenant shall not make any alterations, decorations, installations, alterations or additions or improvements to the Leased Premises (excluding cosmetic changeswithout first having obtained Landlord's express written consent thereto, the estimated cost of shall which consent may be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, applianceswithheld by Landlord in its sole and absolute discretion with respect to structural alterations and structural additions, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)alterations or additions which might adversely affect the Building Systems, without but Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval consent shall not to be unreasonably withheldwithheld with respect to additions in the nature of decorations. Without limitation, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements Landlord shall not be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its deemed unreasonable for withholding approval of any alterations notify Tenant as or additions which would require unusual expense to whether or not Tenant will be required to remove such alterations from readapt the Premises on to normal office use upon termination of this Lease. Said items At Landlord's election made at the time of plan approval, as a condition to the granting of its consent to any alterations or additions, Landlord may require that are Tenant remove at the expiration or earlier termination of this Lease any or all such alterations which would require unusual expense to be removed from readapt the Premises by Tenant shall be removed for normal office use upon the termination of this Lease, at Tenant's sole cost and expense, expense and all damage restore the Premises to the Building their condition existing prior to such alterations or additions. All such allowed alterations and Premises caused by the installation and removal of said items additions shall be repairedperformed in such a manner as to maintain harmonious labor relations, replaced and/or restored in a good and workxxx-xxxe manner by Tenant contractors reasonably approved by Landlord, at Tenant's sole cost and expenseexpense and except for work done by or through Landlord, Tenant before its work is started shall secure all licenses and permits necessary therefor (with copies of such licenses and permits delivered to Landlord), including a Certificate of Occupancy after completion; deliver to Landlord a good-faith estimate of the cost of all labor and material to be furnished by the approved contractors; and cause each contractor, including Tenant if Tenant intends to perform its own work, to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00, and property damage insurance with limits of not less than $2,000,000.00 during the performance of Tenant's work, copies of any such insurance policies will be provided to Landlord and any mortgagee of Landlord, naming Landlord and any mortgagees of Landlord as additional insureds under such coverage (all such insurance to be written in companies reasonably approved by Landlord and insuring Landlord and Tenant as well as the contractors); however, such requirements shall not effect Tenant's insurance obligations hereunder. All work of Tenant's contractors shall be in accordance with and shall comply with any and all applicable federal, state, regional, county, municipal and other laws and regulations, including without limitation, the ADA. Tenant covenants that its contractor will pay for all labor and materials utilized in the performance of this work, will keep the Building free of liens, and, prior to the commencement of any work, to the extent allowable by law, shall deliver to Landlord, in recordable form, executed lien waivers from all such contractors, subcontractors, and materialmen. All work done by Tenant, its agents, employees or independent contractors shall be done in compliance with all Legal Requirements and Insurance Requirements, and shall be consistent with the quality, character and aesthetics of the Building. Landlord may inspect such work at any time or times. In the event Tenant wishes to commence its work in the Premises prior to the completion of Landlord's work under the Work Letter, Tenant hereby acknowledges and agrees that it shall: (i) deliver evidence of the required insurance to Landlord; (ii) deliver the name of its pre-approved general contractor to Landlord; (iii) not interfere with Landlord's work in the Premises; (iv) report and at all times be subordinate to Landlord's general contractor while on the Premises; and (v) indemnify and hold Landlord harmless for any and all delays, loss, cost or damage caused directly or indirectly by Tenant's commencing such work in the Premises.
Appears in 1 contract
Tenant's Improvements. Except to the extent that Landlord is responsible for making Tenant shall make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval . Landlord’s prior written consent shall not to be unreasonably withheld; such reasonable standard shall be based on FDA GMP (good manufacturing practices) and industry standards for associated research and development space; provided, conditioned however, Tenant shall make no alterations or delayedimprovements to the Premises that impair or weaken the structural integrity of the Building. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designateapprove. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by Landlord. Notwithstanding the foregoing, (a) if this Lease is terminated prior to the expiration of the First Renewal Term, Tenant shall on termination reimburse Landlord for up to $150,000 of Landlord’s costs in restoring the specialty biotechnical alterations and improvements to the Premises and Tenant shall have no other restoration obligations, and (b) if this Lease at its cost and expense remove is terminated on or after the modular Tempest enclosureend of the First Renewal Term, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage have no obligation to restore or to reimburse Landlord for restoration of the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensePremises.
Appears in 1 contract
Tenant's Improvements. Except to (a) With the extent that Landlord is responsible for making Landlord's written approval, which shall not be unreasonably withheld, the Tenant may, at its sole expense, make such additional improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Demised Premises as it may deem consider necessary at for its sole cost use thereof including installation of equipment such as a vault, 24 hour automated teller machine (ATM), and expensesafe deposit boxes, such improvements and equipment installations, however, to be subject to the further provisions of this Section 3.
(b) Not less than sixty (60) days prior to April 1, 2000, Tenant will supply Landlord with working drawings detailing the interior decorating scheme and/or any improvements and equipment installations that Tenant intends to effect prior to occupancy of the Demised Premises. HoweverThereafter, Landlord shall have thirty (30) days within which to give or withhold its consent to the proposed decorating scheme and/or improvements and equipment installations, such consent not to be unnecessarily withheld.
(c) Prior to the Lease Commencement Date, Landlord shall permit Tenant access to the building for the purpose of installing any improvements, furnishings, fixtures or equipment.
(d) At the expiration or termination of this Lease Agreement, Tenant shall not make any alterations, decorations, installations, additions or improvements return the Demised Premises to the Leased Premises (excluding cosmetic changesLandlord and shall not remove any additions, the estimated cost of shall be less than $2,000)improvements or alterations, including but not limited to, the installation of any partitions, doorways, carpeting, wall covering, lighting fixtures, amenitiesdecorative trim or millwork, equipmentand built-in counters, appliancesbookcases, closets or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such cabinet work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be which thereupon become the property of Landlord and Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall remain upon and be surrendered with the Leased Premises entitled to remove, at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost Agreement all moveable furniture and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises equipment provided by Tenant shall be removed at and, Tenant's sole cost security equipment; safe and expense, safe deposit boxes so long as such items are removed in a workmanlike manner and all damage the Demised Premises are returned to the Building Landlord with normal wear and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensetear expected.
Appears in 1 contract