Common use of Alteration of Premises Clause in Contracts

Alteration of Premises. A. The Tenant agrees that Tenant shall not structurally alter, repair or change the Premises without the prior written consent of the Landlord,. All structural alterations, improvements, and changes that may be requested by Tenant and approved by Landlord shall be done either by or under the direction of the Landlord, but at the expense of Tenant. Such alterations, improvements and changes shall remain a part of and be surrendered with the Premises unless, at the time Landlord approves such alterations, improvements, or changes, the Landlord directs that the Premises shall be restored to its original condition, which shall be accomplished prior to the expiration of this Lease at the expense of the Tenant. B. All other alterations, improvements and changes, including all fixtures and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by written notice to Tenant no later than 45 days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the Premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such installation from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Premises to substantially the same condition existing prior to installation and repair any damage to the Premises or the Building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's reasonable expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workman's compensation, general liability, personal and property da▇▇▇▇ ▇▇▇▇rance as Landlord may require. If any mechanic's lien is filed against the Premises, or the Building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Section, the same shall be discharged by Tenant within twenty days thereafter, at Tenant's expense, by filing the bond required by law.

Appears in 1 contract

Sources: Asset Purchase Agreement (Almost Family Inc)

Alteration of Premises. A. The Tenant agrees that Tenant shall not structurally alter, repair or change  Without the Premises without the prior express written consent permission of the Landlord,landlord, the tenant will not (nor allow others to), place or attach any pictures, paintings, posters or the like on the interior of the premises. All structural alterations Without the express written permission of the landlord, improvementsthe tenant will not (nor allow others to), place any signs, notice board or other advertisements or the like on the exterior of the premises.  Without the express written permission of the landlord, the tenant will not (nor allow others to), remove any of the items specified in the inventory (if any) or any of the landlord’s possessions, from the premises.  Without the express written permission of the landlord, the tenant will not (nor allow others to) change any of the decorations, furnishings or any of the fixtures or fittings, (where applicable), nor permit Cable television or similar installation.  The tenant will not (nor allow others to) make any alterations to the premises.  The tenant will not damage or injure the Property or make any alteration in or addition to it and changes that may be requested make good (or, if required by Tenant and approved by Landlord shall be done either by or under the direction of the Landlord, but at the expense of Tenant. Such alterations, improvements and changes shall remain a part of and be surrendered with the Premises unless, at the time Landlord approves such alterations, improvements, or changes, the Landlord directs that the Premises shall be restored to its original condition, which shall be accomplished prior to the expiration of this Lease at the expense of the Tenant. B. All other alterations, improvements and changes, including pay for) all fixtures and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by written notice to Tenant no later than 45 days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the Premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such installation from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Premises to substantially the same condition existing prior to installation and repair any damage to the Premises howsoever caused and to the Building caused by the act or omission of the Tenant or of any other person residing with or visiting the Tenant.  The tenant will preserve the Fixtures, Furniture and Effects from being destroyed or damaged and not remove any of them from the Property, and make good or replace (or, if required by the Landlord, to pay for) all items of the Fixtures and Fittings which may, from whatever cause, he lost, stolen, broken, damaged or destroyed during the Term.  The tenant will deliver up the Premises and the Fixtures and Fittings at the determination of the Term to the Landlord in a clean and tidy condition and in accordance with the Tenant's obligations under this Agreement.  The tenant will not part with or share the possession of the Premises with persons other than those specified by name in this Agreement.  The tenant will not do or permit or suffer in or upon the Property or any part thereof any sale by auction or any illegal or immoral act or thing which may be or become a nuisance or annoyance or cause damage to the Landlord or the Building due to such removaloccupiers of any part of the Property or of any adjoining or neighbouring premises. All property permitted  The tenant will not do or required suffer to be removed by Tenant at done on the end Property anything which may be or become a nuisance or annoyance to the Landlord or the Tenants or occupiers of any neighbouring or adjoining premises or which may vitiate any insurance of the term remaining in Property against fire or otherwise or increase the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's reasonable expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all ordinary premium for such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workman's compensation, general liability, personal and property da▇▇▇▇ ▇▇▇▇rance as Landlord may require. If any mechanic's lien is filed against the Premises, or the Building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Section, the same shall be discharged by Tenant within twenty days thereafter, at Tenant's expense, by filing the bond required by lawinsurance.

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement

Alteration of Premises. A. The Tenant agrees that After the Commencement Date, Tenant shall not structurally alter, repair or change the Premises at a cost in excess of $15,000.00 (“Tenant Repairs”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, provided, however, that Tenant will make no structural changes or alterations to the Premises or changes to any Building systems without Landlord,’s consent, which may be withheld in Landlord’s sole discretion. Landlord has pre-approved the Initial Tenant Improvements (as defined on Exhibit D-3) and none of the Initial Tenant Improvements will be considered an alteration or be subject to removal at the end of the Term. All structural alterations, improvements, and changes that may be requested by Tenant and approved by Landlord shall be done either by or under the direction of the Landlord, but at the expense of Tenant. Such alterations, improvements and or changes shall remain a part of and be surrendered with the Premises unlessPremises, at the time (A) unless Landlord approves directs their removal under Paragraph 23, or (B) unless Landlord and Tenant agree otherwise prior to installation of such alterations, improvements, improvements or changes. Tenant shall procure and keep in force, the Landlord directs that the Premises at Tenant’s sole cost and expense, any permits, licenses, and other governmental and regulatory approvals required for any such alterations or improvements. All alterations and improvements shall be restored to performed by licensed contractors, who shall satisfy the insurance requirements in Paragraph 14.4. From the Occupancy Date through and including the date immediately preceding the Commencement Date, Landlord, at its original conditionsole cost, which shall be accomplished prior to supply temporary power, a materials staging area, restroom access, freight elevator access, and an area for a dumpster in connection with the expiration of this Lease Initial Tenant Improvements. Tenant shall perform the Initial Tenant Improvements, at the expense of the Tenant’s sole cost, except as otherwise set forth herein. B. All other alterations, Landlord shall provide Tenant with a reimbursement allowance for certain agreed-upon costs incurred by Tenant to construct improvements and changesmove into the Premises. Such allowance reimbursement shall occur in four phases. Landlord shall provide an allowance (the “Phase 1 Allowance”) in the aggregate amount not to exceed $120,000.00 plus reimbursement of the cost for floor coverings and paint for the entire Premises pursuant to the specifications in Exhibit D-2 for Approved Costs (as hereinafter defined), including all provided, however, in no event shall FF&E Costs (as hereinafter defined) exceed twenty percent (20%) of the Phase 1 Allowance. “Approved Costs” shall mean the costs and expenses directly and reasonably incurred by Tenant in performing the Initial Tenant Improvements and relocating into the Premises, including, but not limited to material, labor, architect and engineer fees, project management fees, permitting, phone and data cabling, cabling, signage and the installation of furniture fixtures and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or equipment (“FF&E Costs”). The Phase 1 Allowance shall be made by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered to Tenant in accordance with the Premises unless Landlord, by written notice following: (i) Landlord shall reimburse Tenant for paid invoices delivered to Tenant no later than 45 days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the Premises Landlord evidencing Approved Costs expended by Tenant prior to and/or after Lease execution; (ii) Tenant shall satisfy any requirements reasonably requested by Landlord for such allowance, including, without limitation, partial lien waivers; and (iii) such payment shall be made by Landlord to Tenant within thirty (30) days after the expiration later of (x) the date that Tenant has completed all requirements set forth in subsections (i) and (ii) above and (y) Landlord’s receipt of Rent due for the first month of the leasefirst Lease Year. Any portion of the Phase 1 Allowance in excess of $66,000.00 shall be amortized over the Initial Term at an interest rate equal to eight percent (8%) per annum commencing upon the date that Landlord pays such portion of the Phase 1 Allowance to Tenant and such amortized amount shall be paid by Tenant to Landlord on a monthly basis during the Initial Term, at Tenant's expense. Nothing in the same manner of payment provided in this Article Lease for Rent. This Paragraph 13.B shall be construed only apply to give the Initial Tenant Improvements and shall not apply to any work related to any Office Increment or Warehouse Space. Notwithstanding anything herein to the contrary, Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such installation from the Premises or upon removal of other installations as may shall not be required by Landlord, Tenant shall immediately and at its expense, repair and restore to provide the Premises to substantially the same condition existing prior to installation and repair any damage to the Premises or the Building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining Phase 1 Allowance in the Premises after Tenant's removal shall be deemed abandoned and may, at the election event that Tenant is in Default of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's reasonable expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workman's compensation, general liability, personal and property da▇▇▇▇ ▇▇▇▇rance as Landlord may require. If any mechanic's lien is filed against the Premises, or the Building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Section, the same shall be discharged by Tenant within twenty days thereafter, at Tenant's expense, by filing the bond required by lawLease.

Appears in 1 contract

Sources: Lease Agreement (Inogen Inc)

Alteration of Premises. A. The Tenant agrees that Tenant shall not structurally alter(a) Any change, repair betterment or change improvement to the Premises, including the interior or exterior of the Premises, the front, signs and/or utility lines or Building Systems (as defined in Article 2 of this Sublease) within or serving the Premises shall constitute an “Alteration." Any carpeting and floor coverings; and any equipment, furnishing, decoration, apparatus, or other thing of any kind attached to or built into the Premises shall constitute a “Fixture.” (b) Sublessee shall make no Alteration nor create any Fixture without Sublessor and Landlord’s prior written consent. Sublessee shall remove promptly upon the Sublessor or Landlord’s written request any Alteration or Fixture made without Sublessor or Landlord’s prior written consent, except for those alternations agreed upon herein. (c) Any Alteration or Fixture made with Sublessor or Landlord’s prior written consent of shall remain upon the Premises, and shall become the Landlord,. All structural alterations, improvements, and changes that may be requested by Tenant and approved by Landlord shall be done either by ’s property upon (i) termination or under the direction of the Landlord, but at the expense of Tenant. Such alterations, improvements and changes shall remain a part of and be surrendered with the Premises unless, at the time Landlord approves such alterations, improvements, or changes, the Landlord directs that the Premises shall be restored to its original condition, which shall be accomplished prior to the expiration of this Lease at the expense Sublease and (ii) Landlord’s written acceptance of the Tenantsuch Alteration and, or Fixture. B. All other alterations(d) With Sublessor or Landlord’s prior written consent, improvements Sublessee may temporarily remove any Fixture for repair or replace such Fixture with property of similar appearance, kind, and changes, including all fixtures and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant value. The repaired or by Landlord on Tenant's behalf, shall, upon installation, become substituted Fixture shall be also the property of Landlord Landlord. All such repairs and replacements shall be at Sublessee's expense. (e) Any equipment, furnishing, decoration, apparatus, or other thing of any kind brought onto the Premises, but not attached to or built into the Premises, shall constitute “Furnishings and Equipment” or “F&E.” F&E, excluding those items listed in Exhibit 5, shall remain upon the property of Sublessee and be surrendered with the Premises unless LandlordSublessee may remove F&E at any time provided Sublessee is not in default under this Sublease, by written notice to Tenant no later than 45 days prior to the date fixed as the termination of and further provided that such removal does not cause, contribute to, or result in Sublessee’s default under this LeaseSublease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the Premises by Tenant prior to the expiration of the leasefurther provided that Sublessee shall, at Tenant's expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such installation from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Premises to substantially the same condition existing prior to installation and Sublessee’s sole expense promptly repair any damage to the Premises or the Building due to resulting from such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's reasonable expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workman's compensation, general liability, personal and property da▇▇▇▇ ▇▇▇▇rance as Landlord may require. If any mechanic's lien is filed against the Premises, or the Building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Section, the same shall be discharged by Tenant within twenty days thereafter, at Tenant's expense, by filing the bond required by law.

Appears in 1 contract

Sources: Office Sublease (Sotherly Hotels Lp)

Alteration of Premises. A. The Tenant agrees that Tenant shall not structurally altermake or suffer to be made any alterations, repair additions, or change improvements (collectively, “Alterations") to or of the Premises Premises, or any part thereof, without first obtaining the prior written consent of the Landlord,, which Landlord may withhold in its sole and absolute discretion. All structural alterationsAlterations shall comply with Law, improvementsthe M▇▇▇▇▇▇▇▇ Use Documents, the requirements of Landlord and changes that may be requested by Tenant and approved by Landlord not result in any cost to Landlord. Any Alterations requiring roof penetration shall be done either constructed by or under supervised by Landlord’s roofer. Any Alterations to or of said Premises, excepting movable furniture and trade fixtures, shall on the direction expiration of the Landlord, but at the expense of Tenant. Such alterations, improvements and changes shall remain Term become a part of the realty and belong to Landlord, and shall be surrendered with the Premises unlessPremises. However, at the time Landlord approves such alterations, improvements, or changes, the Landlord directs that the Premises shall be restored to its original condition, which shall be accomplished prior to the expiration of this Lease at the expense of the Tenant. B. All other alterations, improvements and changes, including all fixtures and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by may provide written notice to Tenant no later than 45 days prior to the date fixed construction of such Alteration whether Tenant will be required to remove such Alteration and restore the Premises to a specified condition upon the expiration of the Term. Upon Landlord’s written approval of the requested Alterations, Tenant shall secure all necessary permits, if applicable. Before commencement of any such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or its facade. As a condition to its written consent, Landlord may request adequate assurance that all contractors who will perform such work have in force w▇▇▇▇▇▇’▇ compensation and such other employee and public liability insurance as Landlord deems necessary, and where the termination Alterations are material, Landlord may require Tenant or its contractors to post adequate completion and performance bonds. In the event Landlord consents, in writing, to the making of this Lease, elects any Alterations to relinquish Landlord's right thereto and to have them removed the Premises by Tenant, in which event, the same shall be removed from the Premises made by Tenant prior at Tenant’s sole cost and expense, completed to the expiration satisfaction of Landlord, and the lease, at Tenant's expense. Nothing contractor or person selected by Tenant to make the same must first be approved in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such installation from the Premises or upon removal of other installations as may be required writing by Landlord, . If Tenant shall immediately and at its expense, repair and restore the Premises to substantially the same condition existing prior to installation and repair makes any damage Alterations to the Premises or the Building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining as provided in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's reasonable expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workman's compensation, general liability, personal and property da▇▇▇▇ ▇▇▇▇rance as Landlord may require. If any mechanic's lien is filed against the Premises, or the Building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Section, the same Alterations shall not be discharged commenced until ten (10) business days after Landlord has received written notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Tenant shall reimburse Landlord for any expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant, and the cost of updating the existing as-built plans of the Building to reflect the Alterations. Tenant within twenty days thereaftershall indemnify, at defend and hold the Landlord, the Building and the Premises free and harmless from any liability, loss, damage, cost, attorneys’ fees and other expenses incurred on account of such construction, or claims by any person performing work or furnishing materials or supplies for Tenant or any persons claiming under Tenant's expense, by filing the bond required by law.

Appears in 1 contract

Sources: Lease Agreement (Global Secure Corp.)