Common use of Waste and Alterations Clause in Contracts

Waste and Alterations. 5.4.1 Not to make any addition to the Premises unless otherwise specified by this clause 5.4. 5.4.2 The Tenant shall have the right to make any alterations or improvements to existing buildings, whether structural or non-structural, without the prior written consent of Landlord ("Alterations"); 5.4.2.1 provided, however, that Tenant shall notify Landlord in writing of such Alterations which are of a structural nature only at least two (2) months prior to commencing work on such Alterations, and such notice shall describe the work in detail, and confirm by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord as much notice as is reasonably practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification to the Landlord is needed in the case of non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not be liable for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest of Landlord in or to the Property; 5.4.2.5 no Alteration shall, when completed, be of such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination of the term of this Lease, if termination is other than by the scheduled expiration of the term), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term of this Lease, remove the same in accordance with such reasonable request, and restore the Property to its original condition, reasonable wear and tear and damage by casualty or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal of the Alteration at the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants the Tenant a right to demolish those buildings on the Premises and which are identified in the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice to the Landlord indicating its intention to exercise such a right.

Appears in 2 contracts

Samples: Lease (Life Sciences Research Inc), Lease (Life Sciences Research Inc)

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Waste and Alterations. 5.4.1 Not to 3.12.1 The Tenant must not commit any waste, make any addition to the Premises, unite the Premises with any adjoining premises, or make any alteration to the Premises except as permitted by the provisions of this clause 3.12. 3.12.2 The Tenant must not make any internal non-structural alterations to the Premises unless otherwise specified it first: (a) obtains and complies with the necessary consents of the competent authorities and pays their charges for them, (b) makes an application to the Landlord for consent, supported by this clause 5.4drawings and where appropriate a specification in duplicate prepared by an architect, or a member of some other appropriate profession, who must supervise the work throughout to completion, (c) pays the fees of the Landlord, any head landlord, any mortgagee and their respective professional advisers, (d) enters into any covenants the Landlord requires as to the execution and reinstatement of the alterations, and (e) obtains the consent of the Landlord, whose consent may not be unreasonably withheld or delayed. 5.4.2 3.12.3 In the case of any works of a substantial nature, the Landlord may require the Tenant to provide, before starting the works, adequate security in the form of a deposit of money or the provision of a bond, as assurance to the Landlord that any works he permits from time to time will be fully completed. 3.12.4 At the end of the Term, if so requested by the Landlord, the Tenant must remove any additional buildings, additions, alterations or improvements made to the Premises and must make good any part of the Premises that is damaged by their removal. 3.12.5 The Tenant shall have must not make any connection with the right Conduits except in accordance with plans and specifications approved by the Landlord, and subject to consent to make the connection having previously been obtained from the competent authority, undertaker or supplier. 3.12.6 The Tenant must not carry out, build or make any additional buildings, additions, alterations or improvements to existing buildings, whether structural or non-structural, without the prior written consent of Landlord ("Alterations"); 5.4.2.1 provided, however, that Tenant shall notify Landlord in writing of such Alterations which are of a structural nature only at least two (2) months prior to commencing work on such Alterations, and such notice shall describe the work in detail, and confirm by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord as much notice as is reasonably practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification to the Landlord is needed in the case of non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not be liable for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest of Landlord in or to the Property; 5.4.2.5 no Alteration shall, when completed, be of such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination of the term of this Lease, if termination is other than by the scheduled expiration of the term), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term of this Lease, remove the same in accordance with such reasonable request, and restore the Property to its original condition, reasonable wear and tear and damage by casualty or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal of the Alteration at the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants the Tenant a right to demolish those buildings on the Premises and which are identified in unless the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice to the Landlord indicating its intention to exercise such a rightrequirements of clause 3.12.2 have been complied with.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Waste and Alterations. 5.4.1 Not to 3.5.1 Waste, additions and alterations The Tenant must not commit any waste, make any addition to the Premises, unite the Premises unless otherwise specified by this clause 5.4. 5.4.2 The Tenant shall have the right to with any adjoining premises, or make any alterations or improvements to existing buildings, whether structural or non-structural, without the prior written consent of Landlord ("Alterations"); 5.4.2.1 provided, however, that Tenant shall notify Landlord in writing of such Alterations which are of a structural nature only at least two (2) months prior to commencing work on such Alterations, and such notice shall describe the work in detail, and confirm by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases alteration to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord Premises save as much notice as is reasonably practicable, accompanied permitted by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification to the Landlord is needed in the case of non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not be liable for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest of Landlord in or to the Property; 5.4.2.5 no Alteration shall, when completed, be of such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination of the term of this Lease, if termination is other than by the scheduled expiration of the term), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term of this Lease, remove the same in accordance with such reasonable request, and restore the Property to its original condition, reasonable wear and tear and damage by casualty or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal of the Alteration at the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive clause 3.5. 3.5.2 Pre-conditions for alterations The Tenant must not make any alterations to the expiration Premises unless it first: 3.5.2.1 obtains and complies with the necessary consents of the term competent authorities and pays their charges for them, 3.5.2.2 makes an application to the Landlord for consent, supported by drawings and where appropriate a specification in duplicate prepared by an architect, or a member of this Lease. All personal property and moveable equipment owned by Tenant upon or in some other appropriate profession, who must supervise the Property shall remain work throughout to completion, 3.5.2.3 pays the property fees of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and its respective professional advisers, 3.5.2.4 enters into any covenants the Landlord requires as is reasonably possible and making good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction execution and reinstate- ment of the alterations, and 3.5.2.5 obtains the consent of the Landlord. 5.4.3 The 3.5.2.6 In the case of any works of a substantial nature, (if the Landlord grants so requires) the Tenant a right to demolish those buildings on provides, before starting the Premises and which are identified works, adequate security in the schedule attached hereto and titled "Old Buildings" form of a de- posit of money or the Tenant having first given three months prior written notice provision of a bond, as assurance to the Landlord indicating its intention that any works he permits from time to exercise such a righttime will be fully completed. 3.5.3 Alterations The Tenant must not: 3.5.3.1 cut down or injure any trees, plants, bushes or xxxxxx or remove from the Premises any soil, clay, sand or other materials or make any excavations; 3.5.3.2 construct any additional building or structure on the Premises.

Appears in 1 contract

Samples: Lease Agreement

Waste and Alterations. 5.4.1 4.9.1 Not to unite the Premises with any adjoining premises nor make any alteration or addition to the Premises save for internal non-structural alterations as permitted by the following provisions of this clause 4.9.2 Not to make any addition to the Premises unless otherwise specified by this clause 5.4. 5.4.2 The Tenant shall have the right to make any alterations or improvements to existing buildings, whether structural or non-structural, without the prior written consent of Landlord ("Alterations"); 5.4.2.1 provided, however, that Tenant shall notify Landlord in writing of such Alterations which are of a structural nature only at least two (2) months prior to commencing work on such Alterations, and such notice shall describe the work in detail, and confirm by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord as much notice as is reasonably practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification to the Landlord is needed in the case of internal non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not be liable for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest Building without: (a) obtaining and complying with all necessary consents of Landlord any competent authority and paying all charges of any such authority in or respect of such consents (b) making an application to the Property;Landlord supported by drawings and where appropriate a specification 5.4.2.5 no Alteration shall, when completed, be of (c) entering into such a character covenants as the Landlord may reasonably require as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right execution and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination reinstatement of the term of this Lease, if termination is other than by alterations (d) the scheduled expiration prior consent of the termLandlord (such consent not to be unreasonably withheld or delayed), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to 4.9.3 At the expiration of the term Term if so requested by the Landlord (acting reasonably) to remove any additions alterations or improvements made to the Premises during the Term and to make good any part or parts of this Lease, remove the same Premises which may be damaged by such removal to the Landlord’s reasonable satisfaction 4.9.4 Not to make any alteration addition or connection with any Conducting Media that serve the Premises otherwise than in accordance with such reasonable request, plans and restore the Property to its original condition, reasonable wear and tear and damage specifications first approved by casualty or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal of the Alteration at the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants the Tenant a right to demolish those buildings on the Premises and which are identified in the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice to the Landlord indicating its intention (such approval not to exercise be unreasonably withheld or delayed subject to consent to make such a right.connection having previously been obtained from the relevant statutory authority or undertaker)

Appears in 1 contract

Samples: Lease (Spescom Software Inc)

Waste and Alterations. 5.4.1 5.5.1 Not to to 5.5.1.1 commit any waste 5.5.1.2 make any addition to the Premises 5.5.1.3 unite the Premises unless otherwise specified with any adjoining premises 5.5.1.4 make any alteration to the Premises save as permitted by the following provisions of this clause 5.4.clause 5.4.2 The Tenant shall have the right 5.5.2 not to make any alterations or improvements to existing buildings, whether structural or non-structural, without the prior written consent Premises without 5.5.2.1 obtaining and complying with all necessary consents of Landlord ("Alterations"); 5.4.2.1 provided, however, that Tenant shall notify Landlord any competent authority and paying all charges of any such authority in writing respect of such Alterations which are consents 5.5.2.2 making an application supported by drawings and where appropriate a specification in duplicate prepared by an Architect or member of a structural nature only at least two (2) months prior to commencing work on such Alterations, and such notice shall describe some other appropriate profession 5.5.2.3 paying the work in detail, and confirm by a third party appraiser satisfactory to Landlord (fees of the Landlord acting reasonably) that no any superior landlord any mortgagee and their respective professional advisers and 5.5.2.4 entering into such Alterations would damage or diminish covenants as the value Landlord may require as to the execution and reinstatement of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except alterations and in the case of an emergency, in which case, Tenant shall give any works of a substantial nature the Landlord as much notice as is reasonably practicable, accompanied may require prior to the commencement of such works the provision by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and of adequate security in the form of a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated deposit of money or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance provision of doubt no prior notification a bond as assurance to the Landlord is needed in that any works which may from time to time be permitted by the case Landlord shall be fully completed 5.5.3 subject to the provisions of clause 5.5.2 not to make any internal non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not be liable for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's Premises without the consent of the Landlord (such consent not to be unreasonably withheld or laborer's lien shall attach delayed) 5.5.4 to remove any additional buildings additions alterations or affect the reversion or other interest of Landlord in or improvements made to the Property; 5.4.2.5 no Alteration shall, when completed, be of such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or Premises at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination of the term of this Lease, if termination is other than by the scheduled expiration of the term), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term Term if so requested by the Landlord and to make good any part or parts of this Lease, remove the same Premises which may be damaged by such removal 5.5.5 not to make connection with the Pipes that serve the Premises otherwise than in accordance with such reasonable request, plans and restore the Property to its original condition, reasonable wear and tear and damage specifications approved by casualty or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal of the Alteration at the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants the Tenant a right to demolish those buildings on the Premises and which are identified in the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice to the Landlord indicating its intention (such approval not to exercise be unreasonably withheld or delayed) subject to consent to make such a right.connections having previously been obtained from the competent statutory authority or undertaker

Appears in 1 contract

Samples: Lease (Lakeland Industries Inc)

Waste and Alterations. 5.4.1 4.5.1 Not to to: (a) commit any waste; (b) make any addition to the Premises unless otherwise specified by this Property; (c) make any alteration to the Property other than alterations to the interior of the Property which do not affect any load bearing or structural part of the Property (“Internal Alterations”); (d) make any alteration or connection to any Conduit except in accordance with clause 5.44.5.2. 5.4.2 The Tenant shall have the right 4.5.2 Not to make any alterations Internal Alterations (provided that internal partitioning shall be permitted regardless of this clause) or improvements any alteration or connection to existing buildings, whether structural or non-structural, without any Conduit without: (a) Obtaining and complying with all necessary consents of any Authority and paying all charges of such Authority in respect of such consents. (b) Making application for consent to the prior written consent of Landlord ("Alterations");such consent not to be unreasonably withheld) supported by four copies of a drawing or drawings and (where appropriate) a specification or specifications detailing the proposed alterations. 5.4.2.1 provided(c) Paying the proper and reasonable fees of the Landlord and any mortgagee and their respective professional advisers in accordance with clause 4.22. (d) Entering into any covenants the Landlord may reasonably require as to the execution of the alterations and the reinstatement of the Property. (e) If, howeverin the reasonable opinion of the Landlord’s Surveyor, that Tenant shall notify Landlord in writing of such Alterations which any works are of a structural substantial nature only at least two (2) months prior to commencing work on such Alterations, and such notice shall describe provide before beginning the work works adequate security in detail, and confirm by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are form of a structural nature only shall be subject, however, in all cases to deposit of money or the following:- 5.4.2.3 any Alteration (being provision of a structural nature only) shall be made with at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord bond as much notice as is reasonably practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification assurance to the Landlord is needed in that the case of non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out works permitted by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not will be liable for any labor or materials furnished to or for fully completed and (if required by the Landlord) the Property reinstated at the end of the Term. PROVIDED THAT the Tenant. Furthermore, notice is hereby given subject to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest of Landlord in or to the Property; 5.4.2.5 no Alteration shall, when completed, be of such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination of the term of this Lease, if termination is other than by the scheduled expiration of the term), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term of this Lease, remove the same in accordance with such reasonable request, and restore the Property to its original condition, reasonable wear and tear and damage by casualty or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal of the Alteration at the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants the Tenant a right to demolish those buildings on the Premises and which are identified in the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice sending plans to the Landlord indicating its intention within 28 days of carrying out any works, shall be permitted to exercise such a right.erect and relocate demountable partitioning light switches and floor boxes without the Landlord’s consent

Appears in 1 contract

Samples: Lease Agreement (Harris Interactive Inc)

Waste and Alterations. 5.4.1 5.5.1 Not to:- 5.5.1.1 Commit any waste 5.5.1.2 Make any addition to the Premises 5.5.1.3 Unite the Premises with any adjoining premises 5.5.1.4 Make any alteration to the Premises save as permitted by the following provisions of this Clause 5.5.2 Not to make any addition alterations to the Premises unless otherwise specified (save in respect of the installation of non-structural stud-partitioning) without 5.5.2.1 Obtaining and complying with all necessary consents of any competent authority and paying all charges of any such authority and paying all charges of any such authority in respect of such consents 5.5.2.2 Making an application to the Landlord supported by this clause 5.4drawings and where appropriate a specification in duplicate 5.5.2.3 Paying the reasonable fees of the Landlord any superior landlord any mortgagee and (where reasonably required) their respective professional advisers and 5.5.2.4 Entering into such covenants as the Landlord may reasonably require as to the execution and/or reinstatement of the alterations and in the case of any works of a substantial nature the Landlord may reasonably require prior to the commencement of such works the provision by the Tenant of adequate security in the form of a deposit of money or the provision of a bond as assurance to the Landlord that any works which may from time to time be permitted by the Landlord shall be fully completed such deposit or bond to be documented in writing in such form as the Landlord shall reasonably require. 5.4.2 The Tenant shall have 5.5.3 Subject to the right provisions of Clause 5.5.2 not to make any alterations to the Premises without the consent of the Landlord such consent not to be unreasonably withheld or delayed 5.5.4 To remove any additional buildings additions alterations or improvements to existing buildings, whether structural or non-structural, without the prior written consent of Landlord ("Alterations"); 5.4.2.1 provided, however, that Tenant shall notify Landlord in writing of such Alterations which are of a structural nature only at least two (2) months prior to commencing work on such Alterations, and such notice shall describe the work in detail, and confirm by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases made to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with Premises at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord as much notice as is reasonably practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification to the Landlord is needed in the case of non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not be liable for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest of Landlord in or to the Property; 5.4.2.5 no Alteration shall, when completed, be of such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination of the term of this Lease, if termination is other than by the scheduled expiration of the term), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term of this Lease, remove Term if so reasonably requested by the same in accordance with such reasonable request, Landlord and restore the Property to its original condition, reasonable wear and tear and damage by casualty make good any part or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal parts of the Alteration at Premises which may be damaged by such removal 5.5.5 Not to make connection with the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have Pipes that serve the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all Premises otherwise than in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 plans and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants the Tenant a right to demolish those buildings on the Premises and which are identified in the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice to specifications approved by the Landlord indicating its intention (such approval not to exercise be unreasonably withheld or delayed) subject to consent to make such a right.connection having previously been obtained from the competent statutory authority or undertaker

Appears in 1 contract

Samples: Lease Agreement (Simpson Manufacturing Co Inc /Ca/)

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Waste and Alterations. 5.4.1 Not to 3.12.1 The Tenant must not commit any waste, make any addition to the Premises, unite the Premises with any adjoining premises, or make any alteration to the Premises except as permitted by the provisions of this clause 3.12. 3.12.2 The Tenant must not make any internal non-structural alterations to the Premises unless otherwise specified it first: (a) obtains and complies with the necessary consents of the competent authorities and pays their charges for them, (b) makes an application to the Landlord for consent, supported by this clause 5.4drawings and where appropriate a specification in duplicate prepared by an architect, or a member of some other appropriate profession, who must supervise the work throughout to completion, (c) pays the fees of the Landlord, any head landlord, any mortgagee and their respective professional advisers, (d) enters into any covenants the Landlord requires as to the execution and reinstatement of the alterations, and (e) obtains the consent of the Landlord, whose consent may not be unreasonably withheld or delayed. 5.4.2 3.12.3 In the case of any works of a substantial nature, the Landlord may require the Tenant to provide, before starting the works, adequate security in the form of a deposit of money or the provision of a bond, as assurance to the Landlord that any works he permits from time to time will be fully completed. 3.12.4 At the end of the Term, if so requested by the Landlord, the Tenant must remove any additional buildings, additions, alterations or improvements made to the Premises and must make good any part of the Premises that is damaged by their removal. 3.12.5 The Tenant shall have must not make any connection with the right Conduits except in accordance with plans and specifications approved by the Landlord, and subject to consent to make the connection having previously been obtained from the competent authority, undertaker or supplier. 3.12.6 The Tenant must not carry out, build or make any additional buildings, additions, alterations or improvements to existing buildings, whether structural or non-structural, without the prior written consent of Landlord ("Alterations"); 5.4.2.1 provided, however, that Tenant shall notify Landlord in writing of such Alterations which are of a structural nature only at least two (2) months prior to commencing work on such Alterations, and such notice shall describe the work in detail, and confirm by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord as much notice as is reasonably practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification to the Landlord is needed in the case of non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not be liable for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest of Landlord in or to the Property; 5.4.2.5 no Alteration shall, when completed, be of such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination of the term of this Lease, if termination is other than by the scheduled expiration of the term), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term of this Lease, remove the same in accordance with such reasonable request, and restore the Property to its original condition, reasonable wear and tear and damage by casualty or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal of the Alteration at the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants the Tenant a right to demolish those buildings on the Premises and which are identified in unless the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice to the Landlord indicating its intention to exercise such a right.requirements of clause

Appears in 1 contract

Samples: Lease Agreement

Waste and Alterations. 5.4.1 (a) Not to: (i) commit any waste on or at the Premises (ii) make any addition or extension to the Premises (iii) unite the Premises with any adjoining premises (iv) make any other alterations to the Premises save as permitted by the following provisions of this clause (b) Not to make any addition structural or internal non-structural alterations to the Premises unless otherwise specified without first: (i) obtaining and complying with all the necessary permissions licences and consents of any competent authority and paying all charges of such authority persons or bodies in respect of such permissions licences and consents (ii) making an application for consent to the Landlord supported by this clause 5.4. 5.4.2 The Tenant drawings and where appropriate a specification (in triplicate in each case) prepared by an architect or member of some other appropriate profession (who shall have supervise the right work throughout to make any alterations or improvements to existing buildings, whether structural or non-structural, without completion) and obtaining the prior written consent of the Landlord pursuant to such application which consent shall not be unreasonably withheld or delayed provided that the Landlord shall not be deemed to be acting unreasonably if it considers in its discretion that such proposals shall or may adversely affect any lighting communication fire alarm fire protection fire detection sprinkler security heating cooling or ventilation plant and equipment or their operation in the Premises or the Building ("Alterations");iii) paying the reasonable and proper fees of the Landlord and professional advisers and consultants in connection with such application pursuant to these provisions and 5.4.2.1 provided, however, that Tenant shall notify (iv) entering into such covenants as the Landlord may reasonably require as to the execution and reinstatement of such alterations (v) indemnifying the Landlord in writing respect of any increased insurance costs arising as a result of such Alterations which are of a structural nature only alterations being carried out PROVIDED THAT the Tenant may at least two (2) months prior to commencing work on such Alterations, and such notice shall describe any time during the work in detail, and confirm by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage Term take down or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with at least two (2) months' prior notice to the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord as much notice as is reasonably practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly erect internal demountable partitioning at the sole cost and expense of the Tenant and Premises in a good and workmanlike manner without the Landlord’s consent and in compliance in all material respects without any requirements to comply with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated this clause such works not being a breach of this clause. (i) Not to alter remove or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, replace the window blinds within the Premises without the prior written approval of the Landlord such approval not to be made unreasonably withheld as to their alternative or replacement but to be at the Landlord’s discretion as to their removal and choice of colour and (ii) to install at its own expense at windows where window blinds have not more frequently than once per calendar year, been provided by the Landlord window blinds of a colour and type first approved in writing by the Landlord such approval not to be unreasonably withheld as to type but to be at the Landlord’s discretion as to colour (iii) Not to install curtains at the windows (d) The Tenant shall deliver be entitled to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification connect to the External Electricity Points with the approval of the Landlord (not to be unreasonably withheld or delayed) (e) To procure that any alterations permitted under the provisions of this Lease to be carried out to any Plant which it is needed the liability of the Landlord to repair and maintain shall only be carried out with the prior written approval of the Landlord (such approval not to be unreasonably withheld) and shall (if so requested in writing by the case of non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioningLandlord) only be carried out by the Tenant; 5.4.2.4 notice is hereby given that Landlord shall not be liable contractors responsible for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest of Landlord in or to the Property; 5.4.2.5 no Alteration shall, when completed, be of maintaining such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease Plant (or within a reasonable time prior to such other Contractors as the termination Landlord may nominate) under the supervision of the term of this Lease, if termination is other than an appropriately qualified consultant nominated by the scheduled expiration of Landlord (f) Not to make any additional connections with the term), to provide written notice to Tenant Conduits that any such Alteration of a structural nature shall be removed (serve the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term of this Lease, remove the same Premises otherwise than in accordance with plans and specifications first approved in writing by the Landlord (such reasonable request, and restore approval not to be unreasonably withheld) subject to consent to make such connection having previously been obtained from the Property relevant competent authority (g) At the written request of the Landlord to its original condition, reasonable wear and tear and damage by casualty or condemnation excepted; provided, however, remove at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal end or sooner determination of the Alteration at Term any additions alterations or improvements made to the expiration or termination of this Lease. If Tenant fails to so remove Premises and restore, Landlord shall have any partitions installed in the right to remove such property Premises and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making make good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants any part or parts of the Premises which may be damaged by such removal with such removal to be carried out at the sole cost of the Tenant in a right good and workmanlike manner with good quality materials of their several kinds (h) Not to demolish those buildings on make any alterations or additions to the electrical wiring and installations within the Premises and which would result in a loading on such wiring or installations beyond the standards which the same are identified in the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice designed to bear or which would require a supply of electricity to the Landlord indicating its intention Premises in excess of the levels which the same are designed to exercise such a right.supply

Appears in 1 contract

Samples: Lease (Tollgrade Communications Inc \Pa\)

Waste and Alterations. 5.4.1 (a) Not to: (i) commit any waste on or at the Premises (ii) erect any new or replacement building on or at the Premises nor make any addition or extension to the Premises (iii) unite the Premises with any adjoining premises or (iv) make any alterations to the Premises save as permitted by the following provisions of this clause (b) Not to make any addition alterations to the Premises unless otherwise specified (save for internal non-structural alterations which shall not require consent) without first: (i) obtaining and complying with all the necessary permissions licences and consents of any competent authority and the insurers interested in the Premises and paying all charges of such authority persons or bodies in respect of such permissions licences and consents (ii) making an application for consent to the Landlord supported by this clause 5.4.drawings and where appropriate a specification prepared by an architect or member of some other appropriate profession and obtaining the written consent of the Landlord pursuant to such application (such consent not to be unreasonably withheld or delayed) 5.4.2 The Tenant shall have (iii) paying the right proper and reasonable fees of the Landlord and its professional advisers in connection with such application (c) Not to make any alterations or improvements additions to existing buildings, whether structural the electrical wiring and installations within the Premises which would result in a loading on such wiring or non-structural, installations beyond the standards which the same are designed to bear or which would require a supply of electricity to the Premises in excess of the levels which the same are designed to supply without the prior written consent of the Landlord ("Alterations"not to be unreasonably withheld or delayed); 5.4.2.1 provided, however, that Tenant shall notify Landlord in writing (d) To remove at the expiry of such Alterations which are of a structural nature only at least two (2) months prior the Term any additional buildings or additions alterations or improvements made to commencing work on such Alterations, and such notice shall describe the work in detail, and confirm Premises if so requested by a third party appraiser satisfactory to Landlord (the Landlord acting reasonably) that no such Alterations would damage or diminish the value of the Property or Improvements. 5.4.2.2 Any such Alterations which are of a structural nature only shall be subject, however, in all cases to the following:- 5.4.2.3 any Alteration (being of a structural nature only) shall be made with at least two (2) months' prior notice to when the Landlord, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Tenant shall give Landlord as much notice as is reasonably practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Landlord to review same and shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all material respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof. Upon Landlord's request, to be made not more frequently than once per calendar year, Tenant shall deliver to Landlord "as-built" plans and specifications for any work theretofore completed. For the avoidance of doubt no prior notification to the Landlord is needed in the case of non-structural alterations (which includes the erection, alteration and removal of internal demountable non-structural partioning) carried out by the Tenant; 5.4.2.4 notice is hereby consent was given that Landlord shall not be liable for any labor or materials furnished to or for the Tenant. Furthermore, notice is hereby given to Tenant and Tenant's mechanics, laborers and materialmen with respect to the Property that no mechanic's, materialman's or laborer's lien shall attach to or affect the reversion or other interest of Landlord in or to the Property; 5.4.2.5 no Alteration shall, when completed, be of such a character as to render the Property anything other than a complete, self-contained structural unit, capable of being operated for the uses permitted herein; 5.4.2.6 all Alterations (of a structural nature only), including fixtures, work, additions, improvements or equipment installed or made by Tenant, or at Tenant's expense, upon or in the Property shall be the Property of Landlord. Notwithstanding the foregoing, Landlord shall have the right and privilege at any time up to three (3) months prior to the contractual expiry date of this Lease (or within a reasonable time prior to the termination of the term of this Lease, if termination is other than by the scheduled expiration of the term), to provide written notice to Tenant that any such Alteration of a structural nature shall be removed (the Landlord exercising such right reasonably) in which event, Tenant shall, at its own cost and expense and prior to the expiration of the term of this Lease, remove the same in accordance with such reasonable request, and restore the Property to its original condition, reasonable wear and tear and damage by casualty or condemnation excepted; provided, however, at the time Tenant submits the information to Landlord required pursuant to this clause 5.4 for a Tenant Alteration, Tenant shall have the right to submit a written request to Landlord inquiring whether Landlord will require the removal of the Alteration at the expiration or termination of this Lease. If Tenant fails to so remove and restore, Landlord shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Tenant, and at the sole cost and expense of Tenant. In the event of any physical damage to the Property as a result of the removal of such property, Tenant shall as soon as reasonably possible repair such physical damage or, in default thereof, shall within 21 days of receiving a written request reimburse Landlord for Landlord's reasonable and proper costs and expenses in repairing such physical damage, and the provisions of this sentence shall survive the expiration of the term of this Lease. All personal property and moveable equipment owned by Tenant upon or in the Property shall remain the property of Tenant unless Tenant fails to remove such personal property or equipment upon termination of this Lease or surrender by Tenant of the Property to Landlord, all in accordance with the provisions set forth above with respect to removals at Landlord's request; 5.4.2.7 in no manner interfering with the exercise of any right of any third party referred to in the Registered Entries; 5.4.2.8 and causing as little physical damage, disturbance and interference to the Landlord, and as is reasonably possible and making make good any physical damage caused as soon as reasonably possible and to the reasonable satisfaction of the Landlord. 5.4.3 The Landlord grants the Tenant a right to demolish those buildings on any part or parts of the Premises and or the Premises which are identified in the schedule attached hereto and titled "Old Buildings" the Tenant having first given three months prior written notice to the Landlord indicating its intention to exercise may be damaged by such a right.removal

Appears in 1 contract

Samples: Lease (Eresearchtechnology Inc /De/)

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