Common use of Additions and Alterations Clause in Contracts

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall have the right to make alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of Landlord. Said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Attitude Drinks Inc.)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of . Landlord. Said 's refusal to give said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Buildingconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by Landlord. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s sole 's expense by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors. It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors may be withheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. , Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, a percentage of the cost of such work (such percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all of its overhead overhead, general conditions, fees and related other costs and expenses allocable to arising from Landlord's involvement with such work. In connection with seeking Landlord's approval, Tenant shall provide to Landlord plans and specifications regarding proposed alterations, additions or improvements, as Landlord shall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord hereunder, pay to Landlord the expense incurred by Landlord in connection with the review of such information. Upon completion, completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form satisfactory to Landlord. Tenant shall defend and hold Landlord Landlord, Landlord's lessor, any mortgagee, the MTA (hereinafter defined), the Property and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 Paragraphs 9 or Section 9 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. . B. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17Paragraph 18), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Office Lease (Artificial Life Inc)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Tenant shall have the right to make alterationsnot, improvements or additions to the Premises, so long as Tenant has obtained without the prior written consent of Landlord, make any alterations, improvements (except normal decorating) or additions to the Premises. Said Landlord’s consent shall not be unreasonably withheld if so long as such alterations, improvements or and additions are consistent with the permitted uses of the Premises set forth in Paragraph 5.B. hereof and do not adversely affect the Building’s structure mechanical, electrical or structural components or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said alterations, improvements or additions, it Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and “as-built” drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s sole expense by employees of or contractors hired by which are reasonably acceptable to Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in all reasonable actual costs incurred by Landlord by reason of Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to involvement with such work. Upon completion, Tenant shall deliver including without limitation, costs and expenses incurred by Landlord to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or expenses related to have such workwork inspected. All work done by Tenant or its contractors pursuant to Section Paragraph 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. . B. All alterations, improvements and additions to the Premises, except Tenant’s Work that is actually removed by Tenant, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shallshall be relinquished to Landlord in good condition, unless ordinary wear and tear and casualty damage referred to in Paragraph 12 excepted. Tenant shall remove certain alterations, improvements and additions on or before the termination of this Lease if (i) Landlord had requested requests their removal, (ii) such items are not standard demising walls or other typical office improvements and (iii) Landlord notified Tenant at the time Landlord approved the installation of such items that Landlord reserved the right to require such removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section Paragraph 17), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Additions and Alterations. In consideration Tenant shall not, without the prior written consent of Landlord (which consent shall not unreasonably be withheld, delayed or conditioned, so long as the structural parts of the agreed upon Rent stated in Schedule 1Building or Building systems are not involved), Tenant shall have the right to make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of . Landlord. Said 's refusal to give said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Buildingconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and "as-built" drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole 's expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors (which consent shall not be unreasonably withheld, delayed or conditioned, except that Landlord may arbitrarily withhold consent in cases involving Building systems such as plumbing, HVAC and electrical), and except that Tenant shall have the right to hire its own contractors in connection with the Tenant Improvement Work described in Section 30 hereof, subject to Landlord's approval of said contractors. Tenant shall promptly pay to Landlord or to the Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, a percentage of the so-called "hard" costs of such work (such percentage to be established on a uniform basis for the Building and shall not exceed 5%) sufficient to reimburse Landlord for all of its overhead overhead, general conditions, fees and related other costs and expenses allocable to arising from Landlord's involvement with such workwork forthwith upon being billed for the same; provided, however, that Landlord shall not charge such a percentage in connection with the Tenant Improvement Work described in Section 30 hereof. Upon completion, completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsmaterials all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section 7 or 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions Notwithstanding anything herein to the contrary, Landlord's consent shall not be required for work which (i) does not affect the structural parts of the Building or the Building systems, (ii) does not involve installation of any conduit or cabling in the Building, and (iii) does not (on a "per project" basis) exceed $20,000.00 in any twelve (12) month period, so long as Tenant employs union contractors to perform such work and provided such work is scheduled in advance with Landlord. Subject to the terms and conditions hereinafter set forth, Tenant shall be permitted to install computer connections and information pathways ("Network Connections") in the Premises. The initial cabling, whether temporary recabling, installation, removal, connection, reconnection or permanent disconnection of any such Network Connections shall be performed as part of the Work described in characterthe Work Letter, made and shall be subject to Landlord's approval as more particularly set forth therein. Any cabling, recabling, installation, removal, repair, expansion, connection, reconnection or paid disconnection of any such Network Connections after such initial installation shall be performed strictly in accordance with this Section 8, except that Landlord's prior consent shall not be required in connection therewith provided: (i) Tenant shall notify Landlord in writing within twenty-four (24) hours following completion (or as soon thereafter as practicable) of any such cabling, recabling, installation, removal, repair, expansion, connection, reconnection or disconnection of any such Network Connections; (ii) Landlord shall thereafter have the right to enter the Premises to inspect such cabling, recabling, installation, removal, connection, repair, expansion, reconnection or disconnection of any such Network Connections at any time within forty-eight (48) hours following such notice, subject to extensions for any delay on the part of Tenant, to determine if any Building systems have been altered, disturbed or otherwise negatively affected; (iii) all piping and telephone riser work in connection with any such Network Connections shall be performed by union certified personnel; and (iv) all such Network Connections shall be installed and maintained so as to not interfere with other systems or services located in the Building or used or maintained by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), be relinquished to Landlord in good condition, ordinary wear and tear exceptedany other tenant.

Appears in 1 contract

Sources: Lease (Orbitz Inc)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, 9.1 Tenant shall have not, without the right to prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make any alterations, improvements or additions to the Premises; PROVIDED THAT, so long as Tenant has obtained the prior written consent of Landlord. Said consent shall not be unreasonably withheld obligated to obtain the consent of Landlord if such alterationsthe cost of any improvement, improvements alteration or additions do addition does not adversely affect exceed $100,000, does not involve any modification to the Building’s structure of the Building or common systems or areas or detract any Systems and Equipment serving any other Premises, and is not visible from the Building’s appearance from outside exterior of the Premises or otherwise increases any costs of operating the BuildingPremises. If Landlord consents is required to and does consent to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, a lien waiver from Tenant's general contractor, insurance against liabilities which may arise out of such workwork and plans, specifications and plans and specifications plus permits necessary for such work. In no event shall such work incorporate any asbestos material. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s sole 's expense by employees of or contractors hired approved by Landlord, except such approval not to be unreasonably withheld or delayed (it being acknowledged that the process for approval of Tenant's contractors with respect to the extent Landlord gives its work being performed by Tenant prior written consent to Tenant’s hiring contractorsthe Commencement Date is set forth in Exhibit B). Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may bepay, when due, the cost of all such work and of all decorating repairs to the Building required by reason thereof. If such work has a cost of $100,000 or more, Tenant shall also pay to Landlord an amount sufficienta percentage of the cost of such work, in Landlord’s reasonable judgmentnot to exceed 2% or $50,000 whichever is less if Tenant is performing the work (such percentage to be established on a uniform basis for the Office Section), sufficient to reimburse Landlord for all of its overhead overhead, general conditions, fees and related other costs and expenses allocable to arising from Landlord's involvement with such work; provided that, Tenant shall not be liable for any fee incurred in connection with the work performed prior to the Commencement Date. Upon completion, completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section Paragraphs 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. . 9.2 All alterations, improvements and additions to the Premises, whether temporary or permanent in character, Premises made or paid for by Landlord or Tenant, Tenant shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section Paragraph 17), be relinquished to Landlord in good condition, ordinary wear and tear excepted. 9.3 Tenant may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively, the "Lines") in the Building or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Subparagraph 9.1 hereof; (b) any such installation, maintenance, replacement, removal or use shall not interfere with the use of any then existing Lines at the Building; (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord's reasonable opinion; (d) If Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings or ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electro-magnetic fields or radiation; (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises; (f) Tenant's rights shall be subject to the rights of any regulated telephone company; and (g) Tenant shall pay all costs in connection with the rights and obligations of Tenant set forth in this Subparagraph 9.3. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any laws, ordinances, rules or regulations or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within thirty (30) days after written notice thereof from Landlord unless such Lines create a dangerous condition, in which event they shall be removed as quickly as is necessary. Landlord may (but shall have no obligation to): (i) in-stall new Lines at the Building; (ii) create additional space for Lines at the Building; and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Building by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by law or otherwise. If Landlord exercise any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Subparagraph 4.2.6 hereof (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be

Appears in 1 contract

Sources: Lease Agreement (Standard Parking Corp)

Additions and Alterations. In consideration A. Tenant shall not, without the prior written consent of Landlord, which consent shall not unreasonably be withheld or delayed (so long as the structural parts of the agreed upon Rent stated in Schedule 1Building or Building systems are not involved), Tenant shall have the right to make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of Landlord. Said ▇▇▇▇▇▇▇▇'s refusal to give said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Buildingconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and "as-built" drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises subsequent to the Commencement Date shall be done at Tenant’s sole 's expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s ▇▇▇▇▇▇'s hiring contractorsits own contractors (which consent shall not be unreasonably withheld, except that Landlord may withhold consent in cases involving changes to, modifications of or impact upon Building Systems such as plumbing, HVAC and electrical). Tenant shall promptly pay to Landlord or to the Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, a percentage (not to exceed 10%) of the cost of such work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all of its overhead overhead, general conditions, fees and related other costs and expenses allocable to arising from Landlord's involvement with such workwork forthwith upon being billed for the same. Upon completion, completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsmaterials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section 7 or 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease (Tenfold Corp /Ut)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Tenant shall have the right to make alterationsnot, improvements or additions to the Premises, so long as Tenant has obtained without the prior written consent of Landlord. Said consent shall not be unreasonably withheld if such , make any alterations, improvements or additions do not adversely affect (collectively "Alterations") to the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the BuildingPremises. If Landlord consents to said alterations, improvements or additionsany Alterations, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with (i) security for the payment of all costs to be incurred in connection with such workthe Alterations, (ii) insurance against liabilities which may arise out of such workthe Alterations as are commercially reasonably available, and (iii) copies of the plans and specifications plus and permits necessary for such workthe Alterations. The work necessary Any Alterations, whether prior to make any alterations, improvements or additions subsequent to the Premises Commencement Date, shall be done completed at Tenant’s sole 's expense by employees contractors satisfactory to Landlord which are employed by Tenant, and shall be performed in accordance with any design criteria of or contractors hired by Landlord, except Landlord to the extent Landlord gives its preceding sentence of Section 8.A: Any Alteration, whether prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay or subsequent to Landlord or to Tenant’s contractorsthe Commencement Date, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, ordinances and rules and regulations of governmental departments or agencies. completed at Tenant's expense by contractors. (i) All alterations, improvements and additions to the PremisesAlterations, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall shall, without compensation to Tenant Tenant, become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17)removal, be relinquished to Landlord at the expiration or early termination of this Lease in good condition, order and repair, ordinary wear and tear excepted. (ii) Notwithstanding the foregoing, at the time Tenant requests Landlord's consent to any Alterations described in the preceding Section 8.A, Tenant may also simultaneously request Landlord in writing to state whether Landlord will require removal of any such Alterations at the termination of this Lease, and if Landlord fails to identify any such Alterations which Landlord will reserve the right to require Tenant to remove upon termination of this Lease, Tenant shall thereafter have no obligation to remove any such Alterations not so identified by Landlord.

Appears in 1 contract

Sources: Lease Agreement

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall have not, without the right to prior written consent of Landlord, which consent shall not be unreasonably withheld, make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of Landlord. Said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole 's expense by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractorscontractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all Upon completion of its overhead and related expenses allocable to such work. Upon completion, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 1718), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (United Financial Mortgage Corp)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or additions to the Premises. Landlord's refusal to give said consent shall be conclusive, so long as Tenant has obtained the prior written consent of except that Landlord. Said 's consent shall not be unreasonably withheld if such or delayed with respect to any alterations, improvements or additions do to the Premises that are not adversely affect the Building’s structure or common systems or areas or detract visible from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said alterations, improvements improvement or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and "as built" drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole 's expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors. Tenant shall promptly pay to Landlord or to the Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, a percentage no higher than the generally prevailing changes from time to time of landlords of other first class Chicago Loop office buildings of the cost of such work sufficient to reimburse Landlord for all of its overhead overhead, general conditions, fees and related other costs and expenses allocable to arising from Landlord's involvement with such work. After commencement of any such work, Tenant shall diligently and continuously pursue completion thereof. Upon completioncompetition of such work, Tenant shall deliver to Landlord, if Landlord when payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsmaterials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section 7 or 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. . B. All alterationspersonal property including moveable partitions, improvements business and additions trade fixtures, machinery and equipment, communications and office equipment, whether or not attached to or built into the Premises, whether temporary which are installed in the Premises by or permanent for the account of Tenant and all furniture, furnishings and other articles of moveable personal property owned by Tenant and located in characterthe Premises (collectively "Tenant's Property"), made and all interior glass windows (specifically excluding Building windows and glass installed in demising walls), vertical blinds, cabinets, Tenant's computer and telephone wiring and Tenant's telephone system located in the Premises (collectively, "Tenant's Fixtures") shall remain the property of Tenant and may be removed by Tenant or paid for by Landlord any person claiming under Tenant at any time or Tenant, shall without compensation to Tenant become Landlord’s property at times during the Term. Upon the expiration of the Term or earlier termination of this Lease by lapse of time or otherwise and shallLease, unless Landlord had requested their removal when Landlord consented to their installation (in which case Tenant shall remove Tenant's Property from the same as provided in Section 17)Premises and shall have the right, but shall not be relinquished required, to Landlord in good condition, ordinary wear remove any or all of Tenant's Fixtures. Tenant shall repair and tear exceptedrestore any damage to the Building or Premises occasioned by the removal by Tenant or any person claiming under Tenant of any of Tenant's Property or Tenant's Fixtures from the Premises.

Appears in 1 contract

Sources: Lease Agreement (Brookdale Living Communities Inc)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written . Landlord need not give any such consent of Landlord. Said consent shall not be unreasonably withheld but if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said alterations, improvements or additionsdoes, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitationlimitations, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, work and insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workas determined by Landlord. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall upon completion deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. , and Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such workthereto. All work done by Tenant or its contractors pursuant to Section this Paragraph 8 or Section 9 pursuant to Paragraph 7 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. All required permits shall be obtained by Tenant at Tenant's expense. If Tenant desires signal communications, alarm or other utility or service connection installed or changed, the same shall be made at the expense of Tenant, with prior written consent and under direction of Landlord and subject to the terms and conditions of the first paragraph of this Paragraph 8 hereof, or of Paragraph 8A below. All alterations, improvements improvements, additions and additions wiring or cabling to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17Paragraph 15), be relinquished to Landlord in good condition, ordinary wear and tear excepted. Tenant shall not affix or install any wall treatments or wall coverings, of any type or nature (other than paint), within the Premises, without Landlord’s prior written consent.

Appears in 1 contract

Sources: Office Building Lease

Additions and Alterations. In consideration of A. Except for the agreed upon Rent stated Landlord's Work to be constructed in Schedule 1accordance with Exhibit B attached hereto, Tenant shall have the right to not make any alterations, improvements or additions to the Premises, so long as Tenant has obtained Leased Premises without the prior written consent of Landlord. Said , which consent shall not be unreasonably withheld if such as to nonstructural, nonmechanical or nonelectrical alterations, improvements or additions do shall not adversely affect be unreasonably withheld, conditioned or delayed. Notwithstanding the Building’s structure preceding sentence, Landlord's consent shall not be required for nonstructural, nonmechanical and nonelectrical alterations, improvements or common systems or areas or detract from additions, the Building’s appearance from outside total, aggregate cost of the Premises or otherwise increases any costs of operating the Buildingwhich is less than $2,500. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, in its reasonable discretion, including, without limitation, requiring Tenant to furnish Landlord with security for the performance of the work and payment of all costs to be incurred in connection with such work, ; insurance against liabilities which may arise out of such work; plans and specifications, and plans and specifications plus all permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Leased Premises other than the Landlord's Work, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s sole 's expense and shall be performed by employees of Landlord or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors. Landlord may condition its consent to Tenant hiring its own contractors, on Tenant delivering to Landlord, prior to commencement of such work, copies of all contracts entered into with respect thereto and all other documents and information reasonably requested by Landlord. It is understood and agreed that, in the event Landlord shall give its written consent to the making of any alterations, improvements or additions to the Leased Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Property to any mechanics' or materialmen's liens which may be filed in connection therewith. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereofwork. If Landlord or Landlord's designee performs such work, Tenant shall also pay to Landlord an amount sufficienta percentage of the cost of such work [such percentage to be established by Landlord from time to time on a uniform basis for the Building, in Landlord’s reasonable judgment, but such percentage shall not exceed ten percent (10%)] sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from the supervision of its overhead and related expenses allocable to such workwork by Landlord or Landlord's designee with such work promptly upon being billed for same. Upon completioncompletion of any repair, replacement, alteration, improvement or addition performed by Tenant, or its contractors and subcontractors, Tenant shall deliver to Landlord, if payment is made by Tenant directly to its contractors, evidence of payment, payment and contractors' and subcontractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form and substance satisfactory to Landlord, from each contractor, subcontractor, supplier and other person or entity that may be entitled to a lien due to such repair, replacement, alteration, improvement or addition. To the extent Landlord or a contractor engaged by Landlord does not perform the work, Tenant shall indemnify, defend and hold Landlord and the Land Property harmless from, and Building harmless from shall pay, all liabilities, claims, judgments, costs, damages, liens and/or and expenses related to such workany repair, replacement, alteration, addition or improvement performed by Tenant, or its contractors and subcontractors, including all reasonable attorneys' fees and legal costs, and Tenant shall require each of its contractors in each of its contracts to so defend and indemnify Landlord; provided, however, Tenant shall not indemnify, defend and hold Landlord harmless from the reasonable cost of any repairs and/or replacements which Landlord is obligated to make under Paragraph 8 hereof. All work done by Tenant or its contractors pursuant to Section Paragraphs 8 or Section 9 hereof shall be done in a first-class workmanlike manner using only good the highest grades of materials, which shall be at least comparable in quality to Building Standard materials at the time of such work, and shall comply with all insurance requirements and all applicable laws, ordinances ordinances, rules, regulations and rules orders of all courts and regulations of other tribunals, governmental and quasi-governmental departments or and agencies. All Any work undertaken by Tenant shall be performed by labor which is not incompatible with the labor employed in the Building by Landlord. B. Unless Tenant notifies Landlord prior to the construction of any alteration, improvement or addition (other than Landlord's Work) that Tenant shall remove the same upon termination of this Lease and provides adequate assurance (including a reasonable amount of security) to Landlord, in Landlord's reasonable discretion, that any damage to the Leased Premises upon such removal shall be promptly repaired or restored by Tenant, at its sole cost, all alterations, improvements and additions to the Leased Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17Paragraph 17 hereof), be relinquished to Landlord in good order, repair and condition, except for ordinary wear and tear exceptedand repairs and/or replacements which Tenant is not obligated to make pursuant to this Lease. At the time Tenant requests in writing that Landlord consent to any alterations, improvements or additions, Tenant may request in writing that Landlord elect whether or not it will request their removal. if such election is so requested by Tenant, Landlord agrees to make such election in writing at the time it gives any written consent to such alterations, improvements or additions. Landlord's election with respect to any particular items shall not bind Landlord as to any other items that are not expressly covered by such election.

Appears in 1 contract

Sources: Office Lease (Hagler Bailly Inc)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Tenant shall have not, without the right to prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises; provided, so long as Tenant has obtained the prior written consent of however, that Landlord. Said ’s consent shall not be unreasonably withheld if such required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not adversely involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the Buildingoperation thereof, and (iv) do not require entry into another tenant’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Buildingpremises. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractorscontractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord Landlord’s or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, actual costs of such work including such costs sufficient to reimburse Landlord for overhead, general conditions, fees (including legal and other professional fees) and all of its overhead other costs and related expenses allocable to arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon completioncompletion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such workwork other than work performed by Landlord, if any. All work done by Tenant and Landlord or its contractors pursuant to Section Article 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease. B. All alterations, improvements and additions to the PremisesPremises (other than Tenant’s trade fixtures, equipment and other movable personal property), whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall shall, without compensation to Tenant Tenant, become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shallshall be relinquished to Landlord in good condition, ordinary wear excepted, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17Article 16.), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Office Lease (Geovera Insurance Holdings, Ltd.)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall have the right to not make alterationsany additions, alterations or improvements or additions to the Premises, so long as Tenant has obtained Leased Premises without the prior written consent of the Landlord. Said consent , which shall not be unreasonably withheld if withheld, delayed, or qualified. Upon such alterationsconsent, improvements or additions do not adversely affect such repairs shall be subject to the Building’s structure or common systems or areas or detract following: a) No alteration shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents time to said alterationstime, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment all permits and authorizations of all costs municipal departments and governmental subdivisions having jurisdiction. Landlord shall join in the application for such permits or authorizations whenever such action is necessary. b) Any non-structural alteration involving an estimated cost of more than Fifty Thousand and no/100 Dollars ($50,000.00) and any structural alteration, regardless of cost, shall be conducted under the supervision of an architect or engineer selected and paid by Tenant and approved in writing by Landlord (such approval not to be incurred in connection with such work, insurance against liabilities which may arise out of such workunreasonably withheld), and no such alteration shall be made except in accordance with detailed plans and specifications plus permits necessary for prepared by such work. The work necessary to make any alterations, improvements architect or additions to the Premises engineer and approved in writing by Landlord. c) Any alteration shall be done at Tenant’s sole expense made promptly (unavoidable delays excepted), in a workmanlike manner and in compliance with all applicable permits and authorizations and with all laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and in accordance with the orders, rules and regulations of the National Board of Fire Underwriters or any other body hereafter exercising similar functions. d) Except for the alterations covered by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may be, when dueImprovement Allowances specified in Paragraph 19(b), the cost of any additions or alterations shall be paid by Tenant so that the Leased Premises shall at all such times be free of liens for labor and materials supplied or claimed to have been supplied to the Leased Premises. e) Workmen's compensation insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Leased Premises, and builder's risk insurance for the mutual benefit of Tenant and Landlord in such limits as Landlord may reasonably require, shall be maintained by Tenant at Tenant's sole cost at all decorating required times when any work is in process in connection with any change or alteration. Any and all alterations and improvements to the Leased Premises made by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property remain at the termination of this Lease and shall be and become the property of Landlord; however, should Landlord so elect, Landlord may require Tenant to remove any and all alterations and improvements and restore the Leased Premises to a state of good and substantial repair, order and condition if so stated in writing by lapse of time or otherwise and shall, unless Landlord had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), be relinquished to Landlord in good condition, ordinary wear and tear exceptedconjunction with the approval of such work.

Appears in 1 contract

Sources: Commercial Lease (Bairnco Corp /De/)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall have not, without the right prior written consent of Landlord (not to be unreasonably withheld), make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of . Landlord. Said ’s refusal to give said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Buildingconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and “as-built” drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s sole expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s hiring contractorsits own contractors (which consent shall not be unreasonably withheld, except that Landlord may arbitrarily withhold consent in cases involving Building systems such as plumbing, HVAC and electrical). Tenant shall promptly pay to Landlord or to the Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, a percentage of the cost of such work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all of its overhead overhead, general conditions, fees and related other costs and expenses allocable to arising from Landlord’s involvement with such workwork forthwith upon being billed for the same. Upon completion, completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materialsmaterials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to this Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease (Bancinsurance Corp)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Landlord’s Consent. Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or additions to the Premises. Landlord’s refusal to give said consent shall be conclusive, so long as Tenant has obtained the prior written consent of Landlord. Said consent but shall not be unreasonably withheld if such alterationswithheld, improvements conditioned, or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Buildingdelayed. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, including without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. If such work is performed by Landlord, Tenant shall also pay td Landlord a management fee equal to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all [*] of its overhead and related expenses allocable to the cost of such work. Upon completioncompletion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ contractor’s affidavits and full and final waivers of all liens for labor, services or materials. If Tenant performs such work, Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section Sections 8 or Section and 9 shall be done in a first-class workmanlike manner manner, using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. B. Landlord’s Ownership of Alterations, Improvements and Additions. All At the termination of this Lease, whether by lapse of time or otherwise, all alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenantshall, shall without compensation to Tenant Tenant, become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Acell Inc)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall have not, without the right to prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written . Landlord need not give any such consent of Landlord. Said consent shall not be unreasonably withheld but if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said alterations, improvements or additionsdoes, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitationlimitations, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, work and insurance against liabilities which may arise out of such work, as determined by Landlord. Tenant shall perform all such work in compliance with (i) all laws, ordinances, regulations or requirements of any governmental entity or authority concerning or regulating the handling or removal of ACM; and plans (ii) any Asbestos Operations and specifications plus permits necessary for such workMaintenance Program Manual (O&M Program) then if effect, and hereby covenants and agrees to comply with the O&M Program, as amended from time to time, to the extent applicable to Tenant or to the Premises. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall upon completion deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall indemnify, defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or liens, liabilities, and expenses related to such workits Additions and Alterations including without limitation, liabilities arising from Tenant's failure to comply with the O&M Program and any authority concerning ACM handling and removal, including attorney's fees. All work done by Tenant or its contractors pursuant to Section this Paragraph 8 or Section 9 pursuant to Paragraph 7 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. All required permits shall be obtained by Tenant at Tenant's expense. If Tenant desires signal communications, alarm or other utility or service connection installed or changed, the same shall be made at the expense of Tenant, with prior written consent and under direction of Landlord and subject to the terms and conditions of the first paragraph of this Paragraph 8 hereof or of Paragraph 8A below. All alterations, improvements improvements, additions and additions wiring or cabling to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17Paragraph 16), be relinquished to Landlord in good condition, ordinary wear and tear excepted. Tenant shall not affix or install any wall treatments or wall coverings, of any type or nature (other than paint), within the Premises, without Landlord's prior written consent.

Appears in 1 contract

Sources: Office Building Lease (Asset Acceptance Capital Corp)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of Premises exceeding Two Thousand Five Hundred and 00/100 Dollars ($2,500) in value. Landlord. Said 's refusal to give said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Buildingconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems reasonably appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by Landlord. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s sole 's expense to the extent it exceeds the Construction Allowance (as defined in Paragraph 39 herein) by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors, such consent not to be unreasonably withheld. It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors may be withheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, a percentage of the cost of such work (such percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all of its overhead overhead, general conditions, fees and related other costs and expenses allocable to actually incurred by Landlord and arising from Landlord's involvement with such work. In connection with seeking Landlord's approval, Tenant shall provide to Landlord plans and specifications regarding proposed alterations, additions or improvements, as Landlord shall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord hereunder, pay to Landlord the expense reasonably incurred by Landlord in connection with the review of such information. Upon completion, completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form satisfactory to Landlord. Tenant shall defend and hold Landlord Landlord, Landlord's lessor, any mortgagee, the MTA (hereinafter defined), the Property and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such workwork except for the gross negligence or willful misconduct of Landlord's contractors or employees. All work done by Tenant or its contractors pursuant to Section 8 Paragraphs 9 or Section 9 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. Notwithstanding anything contained herein to the contrary, Landlord shall be obligated to provide the Construction Allowance as specified in Paragraph 39 herein. B. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17Paragraph 18), be relinquished to Landlord in good condition, ordinary wear and tear excepted. (a) Tenant shall obtain Landlord's prior written consent, such consent not to be unreasonably withheld, use an experienced and qualified contractor approved in writing by Landlord, such approval not to be unreasonably withheld, and comply with all of the other provisions of Paragraph 10A, (b) any such installation, maintenance, replacement, removal or use shall not interfere with the use of any then existing Lines at the Building, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined "in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings or ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord shall require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any laws, ordinances, rules or regulations or represent a dangerous or potentially dangerous condition (but only if such Lines were installed by Tenant), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Building, (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic reallocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Building by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs reasonably attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Paragraph 5A(vi) (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) as provided in Paragraph 5A(vi). Tenant shall not, without the prior written consent of Landlord in each instance, such consent not to be unreasonably withheld or delayed, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Building, by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Sources: Office Lease (Oxigene Inc)

Additions and Alterations. In consideration (a) Except with respect to (i) the Work described in the Tenant Work Letter and (ii) minor painting, the moving of furniture or the agreed upon Rent stated in Schedule 1hanging of wall coverings or artwork, Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements improvements, installations or additions to the Premises, so long as Tenant has obtained which shall include, without limitation, installing telephone, computer or internal sound or paging systems or other similar systems or performing any other similar work in the prior written consent of Premises. Landlord. Said 's consent shall not be unreasonably withheld if so long as such alterations, improvements or improvements, installations and additions are consistent with the permitted uses of the Premises set forth in the Schedule hereof and do not adversely affect the Building’s structure mechanical, electrical, plumbing, HVAC or structural components or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said any alterations, improvements improvements, installations or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and, following completion, "as-built" drawings showing the actual location of the alterations, improvements, installations and additions. The work necessary to make any alterations, improvements improvements, installations or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date shall be done at Tenant’s sole 's expense by employees contractors reasonably approved by Landlord in a good and workmanlike manner. Materials furnished shall be of a like quality to those in the Building. Tenant agrees that all improvements, installations, alterations or contractors hired by additions shall be performed so as not to cause or create any jurisdictional or other labor disputes, and in the event such disputes occur, Tenant shall immediately do whatever is necessary to resolve such disputes, at no expense to Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay to Landlord or to the Tenant’s 's contractors, as the case may be, when due, the cost of all such work plus (x) all of Landlord's costs associated therewith (including, without limitation, all sums expended by Landlord for examination and approval of all decorating required by reason thereofthe architectural and mechanical plans and specifications) and (y) a coordination fee equal to five percent (5%) of the actual total cost of any such improvement, installation, alteration or addition. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead such costs and related expenses allocable to such work. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, ordinances and rules and regulations of governmental departments or agencies. fee within twenty (20) days after being billed therefor. (b) All alterations, improvements improvements, installations and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested is entitled to and does request their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17)16) , be relinquished to Landlord in good condition, ordinary wear and tear damage resulting from fire or other casualty excepted.

Appears in 1 contract

Sources: Lease Agreement (Talk America Holdings Inc)

Additions and Alterations. In consideration (a) Tenant may make non-structural alterations to the Leased Space without Landlord's consent, provided Tenant has given prior written notice and reasonable details of the agreed upon Rent stated in Schedule 1, such alterations to Landlord. Tenant shall have the right to not make alterations, any structural alterations or improvements or additions to the Premises, so long as Tenant has obtained Leased Space without the prior written consent of Landlord. Said consent shall Landlord need not be unreasonably withheld give any such consent, but if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said alterations, improvements or additionsdoes, it may impose such such-conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, work and insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workas determined by Landlord. If Landlord does give its consent, the further provisions below shall apply to the alterations or improvements. (b) The work necessary neceseary to make any alterations, structural alterations or improvements or additions to the Premises shall be done at Tenant’s sole 's expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work work, and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall upon completion deliver to Landlord, if payment is to be made directly to contractorsContractors, evidence of payment, including contractors' affidavits and full and final waivers releases of all liens for labor, services or materials. ; and Tenant shall defend and hold Landlord and the Land and Building harmless harmlees from all costs, damages, liens and/or and expenses related thereto. (c) No work shall be commenced by any contractor engaged directly by Tenant until all necessary permits have been obtained and Tenant has provided Landlord with (i) all available assurances that the Building and Land will not be subject to such workany mechanic's lien claim because of non-payment of the contractor or any subcontractor, and (ii) evidence of liability insurance coverage reasonably requested by Landlord. All work done by Tenant or its contractors pursuant to Section 8 or Section 9 shall be done in a first-class class, workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, required permits shall be applied for by Landlord at Tenant's expense. (d) All alterations and improvements and additions to the PremisesLeased Space, whether temporary or permanent in character, whether made or paid for by Landlord or by Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time the same are made or otherwise installed and shall, unless Landlord had requested their requests the removal when Landlord consented to their installation of specialty alterations not consistent with the use of the Leased Premises as offices (in which case Tenant shall remove the same such specialty alterations as provided in Section 17hereinafter provided), be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Office Lease (Endo Pharmaceuticals Holdings Inc)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or additions to the Premises; provided, so long as Tenant has obtained the prior written consent of however, Landlord. Said 's consent shall not be unreasonably withheld if such required with respect to nonstructural alterations, improvements or additions do not adversely affect below finished ceilings costing less than $5,000 to implement. Landlord hereby consents on the Building’s structure or common systems or areas or detract from understanding that the Building’s appearance from outside applicable provisions of this Lease shall be complied with, to the installation of telephone and data lines by Tenant above the finished ceiling of the Premises provided Tenant uses reputable, qualified line installers for the purpose of such installation and obtains any and all permits required in connection with such installation prior to such installation. Tenant shall in all events provide notice to Landlord prior to commencing any alterations, improvements or otherwise increases additions (with a summary description of the work to be done and a statement, pursuant to Paragraph 9, describing any costs of operating Hazardous Materials to be brought into the BuildingBuilding in connection with the work) whether or not consent is required. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by Landlord. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s sole 's expense by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors. It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors may be withheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, a percentage of the cost of such work (such percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all of its overhead overhead, general conditions, fees and related other costs and expenses allocable to arising from Landlord's involvement with such work. In connection with seeking Landlord's approval, Tenant shall provide to Landlord plans and specifications regarding proposed alterations, additions or improvements, as Landlord shall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord hereunder, pay to Landlord the expense reasonably incurred by Landlord in connection with the review of such information. Upon completion, completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord Landlord, Landlord's lessor, any mortgagee, the MTA (hereinafter defined), the Property and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 Paragraphs 9 or Section 9 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. . B. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested requests their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17Paragraph 18), be relinquished to Landlord in good condition, ordinary wear and tear excepted. (a) Tenant shall obtain Landlord's prior written consent (which shall not be unreasonably withheld or delayed), use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Paragraph 10A, (b) any such installation, maintenance, replacement, removal or use shall not interfere with the use of any then existing Lines at the Building, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings or ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any laws, ordinances, rules or regulations or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Building, (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Building by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Paragraph 5A(vii) (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) as provided in Paragraph 5A(vii). Notwithstanding anything to the contrary in this Lease, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Paragraph, Landlord may, after twenty (20) days' written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Building, by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Sources: Office Lease (Digitas Inc)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of Landlord. Said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or otherwise increases any costs of operating the Building. If Landlord consents to said such alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and security for Tenant's obligations to pay for such work, plans and specifications plus for Landlords approval prior to commencement of construction, copies of all permits necessary for such workwork and "as built" plans after completion of such work together with a complete breakdown of the cost of such work as required for purposes of Landlord's insurance or self-insurance. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole Tenants expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may bepay, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s 's reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractorsthe extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, Tenant shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise upon installation. All such alterations, improvements and additions shall, unless Landlord had expressly requested or approved their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), remain Landlord's property upon termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Tanning Technology Corp)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, A. Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or additions to the PremisesPremises subsequent to initial construction, so long as Tenant has obtained the prior written consent of approval conditions for which are set forth in the Work Letter; provided, however, Landlord. Said ’s consent shall not be unreasonably withheld if such required with respect to nonstructural alterations, improvements or additions below finished ceilings costing less than $12,000 to implement and Landlord shall not unreasonably withhold its consent to other nonstructural alterations which do not materially adversely affect the Building’s structure Building Systems. Tenant shall in all events provide at least five (5) business days’ notice to Landlord of any alterations, improvements or common systems or areas or detract from the Building’s appearance from outside additions (with a summary description of the Premises work to be done and a statement, pursuant to Paragraph 9, describing any Hazardous Materials to be brought into the Building in connection with the work) whether or otherwise increases any costs of operating the Buildingnot consent is required. Landlord shall respond to requests for consents (a) within two (2) business days, as to requests for decorative alterations and (b) within five (5) business days, as to requests for other nonstructural alterations. If Landlord consents to said alterations, improvements or additionsadditions after initial construction, it may impose such reasonable conditions with respect thereto as Landlord reasonably deems appropriate, including, without limitation, requiring appropriate (but in no event shall Landlord be entitled to ask Tenant to furnish remove at the end of the term any nonstructural alterations that are Customary Office Improvements, as defined below). Tenant shall have the right to tie into the Building security system, at Tenant’s sole cost and expense, its HVAC alarm provided that plans for such tie-in shall be submitted to Landlord with for approval and that Landlord, its employees, agents and contractors shall be held harmless against any and all damages, liabilities, claims and expenses which may be incurred by Tenant arising from any failure of the Building security for system to provide any notice of failure of the payment Tenant’s system or any other level of all costs security or alarm which might otherwise be anticipated to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workprovided by the Landlord’s security system. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to an applicable Commencement Date, shall be done at Tenant’s sole expense by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s hiring its own contractors, which consent shall not be unreasonably withheld or delayed. Initial construction of the Premises shall be accomplished by Tenant’s contractor using plans and specifications prepared by Tenant’s architect in accordance with the Work Letter. It is understood that Landlord’s consent to the hiring by Tenant of Tenant’s own contractors for any work subsequent to initial construction (the contractor for which has been approved by Landlord as provided in the Work Letter) may be withheld if Landlord’s permitting such hiring might reasonably be expected to result in an interruption of services provided to tenants of the Building by reason of labor difficulties. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as or to Landlord if Landlord has hired the case may becontractor, when due, the actual cost of all such work and of all decorating required by reason thereofdecorating. In connection with seeking Landlord’s approval hereunder, Tenant shall also provide to Landlord plans and specifications regarding proposed alterations, additions or improvements, as Landlord shall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord an amount sufficienthereunder, pay to Landlord the actual reasonable out-of-pocket expense incurred by Landlord in Landlord’s reasonable judgment, to reimburse Landlord for all connection with the review of its overhead and related expenses allocable to such workinformation. Upon completion, completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord Landlord, Landlord’s lessor, any mortgagee of Landlord, the MTA (hereinafter defined), the Property and the Land and Building harmless from all costs, damages, liens and/or and expenses related to such work. All work done by Tenant or its contractors pursuant to Section 8 Paragraphs 9 or Section 9 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. . B. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, which are not removed by Tenant (to the extent permitted and as provided in Paragraph 18) prior to the end of the Term shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested has requited their removal when Landlord consented as a condition of its consent to their installation (in which case Tenant shall remove the same as provided in Section 17Paragraph 18), be relinquished to Landlord in good condition, ordinary wear and tear damage or condition resulting from the effects of casualty and eminent domain excepted. Notwithstanding the foregoing, Tenant shall not be obligated to remove any partitions, floor or wall coverings, or other normal office layout construction (“Customary Office Improvements”), or any improvements made pursuant to the Work Letter unless otherwise specified by Landlord in connection with Landlord’s approval of Tenant’s plans for initial construction of the Premises. Nothing contained herein shall be deemed to grant Landlord an ownership interest in Tenant’s trade fixtures, equipment or personal property (including, without limitation, the work stations and anti-static floor in the communications room) which shall remain Tenant’s property and may be removed during or at the end of the term of the Lease provided that Tenant shall repair any and all damage to the Premises caused by such removal. Tenant may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the “Lines”) at the Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord’s prior written consent to any such action (which consent shall not be unreasonably withheld or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld or delayed), and comply with all of the other provisions of Paragraph 10A, (b) any such installation, maintenance, replacement, removal or use shall not interfere with the use of any then existing Lines at the Building, (c) as to Lines installed after the initial buildout, an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord’s reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings or ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises (other than Lines installed or used by Tenant), (f) Tenant’s rights shall be subject to the rights of any regulated telephone company, and (g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines installed by Tenant located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any laws, ordinances, rules or regulations or causing a dangerous or potentially dangerous condition within thirty (30) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Building, (ii) create additional space for Lines at the Property, and (iii) reasonably monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and (solely as to Lines installed by Landlord) the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Building by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Paragraph 5A(vi) (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, the cost of any capital improvements shall be included in Operating Expenses hereunder and shall be amortized (together with reasonable finance charges) as provided in Paragraph 5A(vi) and shall not be included in Operating Expenses if attributable to any particular tenant or tenants of the Property or would otherwise not be includable in Operating Expenses pursuant to exclusions under Paragraph 5A(vi). Tenant shall remove currently existing Lines in the Premises, including, without limitation, those above the existing finished ceiling in connection with Tenant’s construction, but Tenant shall have no obligation to remove any Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Any Lines not removed prior to the end of the Term shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord’s written consent shall be null and void. Subject to ▇▇▇▇▇▇▇▇▇ ▇▇ and except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Lines will be free from the following (collectively called “Line Problems”): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Building, by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause; provided, however, that Landlord shall use its best efforts to enforce the leases of other tenants in respect of matters relating to Line Problems. Subject to Paragraph 8C, under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Sources: Office Lease (Investors Financial Services Corp)

Additions and Alterations. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall have not, without the right to prior written consent of Landlord, make any material alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of Landlord. Said consent shall not be unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s 's structure or common systems or areas or detract from the Building’s 's appearance from outside of the Premises or otherwise increases any costs of operating the BuildingPremises. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole 's expense by employees of or contractors hired by Landlord, at competitive prices, except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land Premises and Building harmless from all costs, damages, liens and/or Liens and expenses related to such work. All work done by Tenant or its contractors pursuant to Section Paragraphs 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), Paragraph 19) be relinquished to Landlord in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Hampshire Group LTD)