Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.
Appears in 9 contracts
Sources: Lease Agreement (ETHEMA HEALTH Corp), Lease Agreement (ETHEMA HEALTH Corp), Lease Agreement (ETHEMA HEALTH Corp)
Alterations, Additions, and Improvements. Tenant shall Notwithstanding anything to the contrary in the Lease:
A. If Lessor has not make any consented to Lessee's request to construct alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterationsutility installations, additions and improvements permitted under this paragraph or ("Alterations") in the Premises within three (3) business days after the date of Lessee's written request therefor, Lessor shall be deemed to have consented to the Alteration.
B. L▇▇▇▇▇ ▇▇▇ll have no lien or other interest whatsoever in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part any item of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, Lessee's trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use personal property located in the Premises, which claims are and shall execute any document reasonably necessary to waive any lien or may be secured by interest in Lessee's trade fixtures and personal property located at the Premises.
C. Upon request, Lessor shall advise Lessee in writing whether it reserves the right to require Lessee to remove any mechanics’ or materialmen’s lien against Alterations from the Premises or upon termination of the Lease.
D. Alterations and Lessee's trade fixtures, furniture, equipment and other personal property installed in the Premises ("Lessee's Property") shall at all times be and remain Lessee's Property, and Lessee shall be entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for Alterations which cannot be removed without structural injury to the Premises, at any interest thereintime Lessee may remove Lessee's Property from the Premises, provided Lessee repairs all damage caused by such removal.
Appears in 3 contracts
Sources: Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc)
Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other Consent for non-structural alterations, additions or improvements shall not be unreasonably withheld by Landlord. Tenant may erect or install trade fixtures, shelves, bins, machinery, heating, ventilating and air conditioning equipment and, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations. At the expiration or termination of this Lease, Tenant shall, subject to the Building without Landlord’s prior written approvalrestrictions of Section 7.05 below, have the right to remove items installed by Tenant, provided Tenant is not in default at the time of the removal and provided further that Tenant shall, at the time of removal of the items, repair in a good and workmanlike manner any damage caused by the installation or removal. Tenant shall not be required to restore any alterations pay for all costs incurred or additions permitted under this paragraph to the Premises or remove improvements at the end arising out of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on to the Demised Premises and furnished shall not permit any mechanic's or materialman's lien to be filed against the Demised Premises or the Property. Upon request by Tenant which Tenant may removeLandlord, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall paydeliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, when due, all claims for labor additions or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.
Appears in 3 contracts
Sources: Commercial Lease Agreement (Cheap Tickets Inc), Commercial Lease Agreement (Cheap Tickets Inc), Commercial Lease Agreement (Speed Release Lock Co)
Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord. Consent for nonstructural alterations, which consent additions or improvements shall not be unreasonably withheld, conditioned or delayedwithheld by Landlord. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right to erect or install shelves, bins, machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations. At the expiration or termination of this Lease, Tenant shall, subject to the restrictions of Section 7.05 below, have the right to remove such items so installed by it, provided Tenant is not in default at the time of such removal and provided further that Tenant shall, at the time of removal of such items, repair in a good and workmanlike manner any damage caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without Demised Premises and shall not permit a mechanic's or materialman's lien to be filed against the Demised Premises. Upon request by Landlord’s prior written approval. , Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All such alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.
Appears in 3 contracts
Sources: Commercial Lease Agreement (MCK Communications Inc), Commercial Lease Agreement (Network 1 Security Solutions Inc), Lease Agreement (Global Election Systems Inc)
Alterations, Additions, and Improvements. (a) With the exception of the provisions set forth in Article Seventeen, Tenant shall not make any alterations, additions additions, or improvements to the Premises without Landlord’s prior written consent, except for non-structural alterations or improvements which affect do not exceed Fifty Thousand Dollars ($50,000.00) in cost cumulatively over a twelve (12) month period and which are not visible from the structure outside of the Building of which the Premises are a part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or which decrease the square footage improvements constructed in violation of the Building or which reduce the value of the Premisesthis Section 6.05(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in each case without the prior written consent of conformity with all applicable laws and regulations, and by a contractor approved by Landlord, which consent approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithUpon completion of any such work, Tenant shall have the right at provide Landlord with “as built” plans, copies of all times to make building permits, and proof of payment for all other alterations, additions or improvements to the Building without Landlord’s prior written approval. labor and materials.
(b) Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Premises that were installed or for directed to be installed by Tenant for use in the Premises, which claims are or may and not permit any liens to be secured by any mechanics’ or materialmen’s lien filed against the Premises that relate to work performed by or directed to be performed by Tenant. Tenant shall give Landlord at least ten (10) days’ prior written notice of the commencement of any interest thereinwork on the Premises costing in excess of $10,000 regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Premises.
Appears in 3 contracts
Sources: Lease Agreement (Endologix Inc /De/), Lease Agreement (TriVascular Technologies, Inc.), Lease Agreement (TriVascular Technologies, Inc.)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect ("Alterations") shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall not be unreasonably withheldpay Lessor upon demand for the reasonable costs and expenses of consultants, conditioned engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or delayed. Notwithstanding termination of the above, Lease Term and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have to restore the right at all times Premises to make all other alterations, additions their prior condition by written notice given on or improvements before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the Building without Landlord’s prior expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written approvalrequest from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. Tenant shall not All Alterations to be required to restore any alterations or additions permitted under this paragraph made to the Premises or remove improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.
Appears in 3 contracts
Sources: Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc)
Alterations, Additions, and Improvements. Tenant shall not Subject to the provisions of this Article IV, Lessee may make any alterations, additions additions, improvements or improvements which affect other changes to the structure Premises and the Relevant Assets as may be necessary or useful in connection with the operation of the Building or which decrease Relevant Assets (collectively, the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed“Additional Improvements”). Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other If such Additional Improvements require alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant Premises or any of the Shared Access Facilities, Lessee shall not be required notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to restore the fees paid by Lessee under the Site Services Agreement by Lessee or otherwise provide for reimbursement of any alterations or additions permitted material increase in cost (if any) to Lessor under this paragraph the Site Services Agreement that results from any modifications to the Premises or remove improvements at the end of Shared Access Facilities necessary to accommodate the TermAdditional Improvements, or as otherwise mutually agreed by the parties. All alterationsAny alteration, additions addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and improvements permitted under this paragraph or consented Lessor, to the Shared Access Facilities) by Lessee shall be made in writing by Landlord are referred to as “Permitted Alterations”a good and workmanlike manner and in accordance with all applicable Laws. All alterations, additions or improvements made by Tenant which are permanently attached to The Relevant Assets and made part of the Premises all Additional Improvements shall become remain the property of Landlord Lessee and shall be removed by Lessee within one (1) year after termination of this Lease (provided that such can be removed by Lessee without unreasonable damage or harm to the Premises) or, at Lessee’s option exercisable by notice to Lessor, surrendered to Lessor upon the expiration termination of this Lease. Lessee shall not have the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in right or power to create or permit any lien of any kind or character on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs reason of repair or construction or other work. In the event any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in such lien is filed against the Premises, which claims are Lessee shall cause such lien to be discharged or may be secured by any mechanics’ or materialmen’s lien against bonded within thirty (30) days of the Premises or any interest thereindate of filing thereof.
Appears in 3 contracts
Sources: Lease Agreement (HollyFrontier Corp), Lease Agreement (Holly Energy Partners Lp), Lease Agreement (Holly Corp)
Alterations, Additions, and Improvements. Tenant shall Lessee covenants and agrees with Lessor not to permit the Premises to be used for any purpose other than that stated in Section 5 hereof or make or allow to be made any alterations, alterations or physical additions in or improvements which affect to the structure of Premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which Lessor in each such instance. Lessor's consent shall not be unreasonably withheldrequired for nonstructural alterations made by Lessee from time to time as necessary to adapt the Premises for the uses and business purposes permitted hereby, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to that such alterations do not affect any part of the Building without Landlord’s prior written approval. Tenant shall other than the Premises, are not be visible from outside the Building and do not adversely affect any service required to restore be furnished by Lessor to Lessee or to any alterations other tenant or additions permitted under this paragraph to occupant of the Building. Lessee shall be responsible for any lien filed against the Premises or remove improvements at the end any portion of the Term. All alterationsBuilding for work claimed to have been done for, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged claimed to have been furnished to Lessee. Any and all such alterations, physical additions, or for Tenant for use in the Premisesimprovements, which claims are or may be secured by any mechanics’ or materialmen’s lien against when made to the Premises by Lessee, shall be at Lessee's expense and shall at once become the property of Lessor and shall be surrendered to Lessor upon termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to the movable fixtures, office equipment, and other personal property owned by Lessee. Tenant Initials ___________ Landlord Initials___________ 4Section 17. Legal Use and Violations of Insurance Coverage. ----------- ----------------------------------------------- Lessee covenants and agrees with Lessor not to occupy or use, or permit any portion of the Premises to be occupied or used, for any business or purpose which is unlawful, disreputable, or deemed to be extra-hazardous on account of fire, or permit anything to be done which would in any way increase the rate of fire, liability, or any interest thereinother insurance coverage on the Building and/or its contents.
Appears in 3 contracts
Sources: Lease Agreement (IElement CORP), Lease Agreement (IElement CORP), Lease Agreement (IElement CORP)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, conditioned or delayed. Notwithstanding the abovehowever, and provided Tenant complies with all Legal Requirements in connection therewiththat Tenant, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approvalconsent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be required deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any alterations Alterations, then Landlord shall make its election whether or additions permitted under this paragraph not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises or remove improvements shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the end sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Term. All alterationsWork Letter, additions including but not limited to the “Specifications” and improvements permitted under this paragraph or consented to “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by Landlord are referred the City of Sunnyvale and any other applicable governmental agencies. Subject to as “Permitted Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations”. All alterations, additions or improvements including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant which are permanently attached to and made Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentLease. Tenant shall pay, when due, retain title to all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, which claims are or may be secured by Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any mechanics’ or materialmen’s lien against the Premises or any interest thereinamount previously paid to Landlord on account thereof.
Appears in 3 contracts
Sources: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions additions, or improvements to the exterior of the Property or which affect are visible from the structure outside of the Building without Landlord's prior written consent. Landlord's consent shall not be required for (i) non-structural alterations to the interior of the Building which do not exceed $50,000.00 in each instance; and (ii) painting and other decorative alterations, installations and modifications of Tenant's materials storage and handling equipment and other trade fixtures. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord but in no event in excess of 105% of the contracted cost of the proposed alteration. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Section 6.5(a) upon Landlord's written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor reasonably approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts (if any), and proof of payment for all labor and materials. Landlord shall not unreasonably withhold its consent to structural changes to the Building to accommodate Tenant's materials handling equipment provided such changes do not reduce the original clear height or column spacing of the Building or which decrease otherwise materially adversely affect the square footage ordinary function of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, as a warehouse.
(b) Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant for use in shall give Landlord at least twenty (20) days' prior written notice of the Premisescommencement of any work on the Property, which claims are or regardless of whether Landlord's consent to such work is required. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility on the Premises or any interest thereinProperty.
Appears in 2 contracts
Sources: Lease Agreement (Genesis Direct Inc), Lease Agreement (Genesis Direct Inc)
Alterations, Additions, and Improvements. (a) After the Tenant Improvements are constructed, Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent of Landlordconsent, which consent shall not to be unreasonably withheld, conditioned conditioned, or delayed, except for non-structural alterations which do not cumulatively exceed a total cost of Fifty Thousand Dollars ($50,000.00) over the Lease Term and which are not visible from the outside of any building of which the Property is part. Notwithstanding the above, Landlord may require Tenant to provide demolition and/or lien and provided Tenant complies with all Legal Requirements completion bonds in connection therewith, Tenant shall have the right at all times form and amount satisfactory to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection 6.05(a) upon Landlord's written request. All alterations, additions additions, and improvements permitted under this paragraph shall be done in a good and workmanlike manner, in conformity with applicable laws and regulations, and by a licensed contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials including appropriate lien releases. Landlord shall have no responsibility or consented liability for any death or injury to persons, including but not limited to Tenant, Tenant's officers, directors, members, employees, personnel, contractors, invitees and/or any third persons in writing or upon the real property of Landlord, or for damage to property caused by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby Property by T▇▇▇▇▇, whether or not made pursuant to Landlord's prior written consent as required herein, and Tenant hereby indemnifies Landlord against any such liability, obligation, cost or expense arising therefrom.
(reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property. Tenant shall give Landlord at least ten (10) days prior written notice of the commencement of any work on the Property, regardless of whether Landlord's consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Property.
(c) Tenant shall not make any alterations, additions, or for Tenant for use in improvements to the PremisesProperty, including but not limited to mezzanines, storage areas or any other structure, which claims are increase or may add to the usable square footage of the Property. Tenant is hereby informed that the construction of any such structure or addition which increases the usable square footage is strictly prohibited and shall be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereindeemed a material breach of this Lease.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (Caris Life Sciences, Inc.), Industrial Real Estate Lease (Caris Life Sciences, Inc.)
Alterations, Additions, and Improvements. a) Tenant shall not make any alterationsimprovements to the Premises without Landlord’s prior written consent, additions not to be unreasonably withheld, conditioned or delayed, except for non-structural alterations or improvements which affect are not visible from the structure outside of the Building and which do not exceed One Million Dollars ($1,000,000) in the aggregate annually. Landlord shall respond to any request for approval of alterations or which decrease improvements requiring Landlord’s consent not later than ten (10) business days following receipt of request, and if Landlord fails to respond within such ten (10) business day period, then Tenant shall provide notice to Landlord of such failure and Landlord shall have a second period of five (5) business day period to respond to the square footage request. If Landlord fails to respond within such second five (5) business day period, then Landlord shall be deemed to have consented to the applicable alteration or improvement. A response by Landlord seeking clarification of Tenant’s request shall not be deemed a failure to respond if delivered within the Building foregoing periods. Tenant shall promptly remove any alterations, additions, or which reduce the value improvements constructed in violation of the Premisesthis Section 6.05(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in each case without the prior written conformity with all Applicable Laws, lien free, by a licensed contractor and, if Landlord’s consent of is required, approved by Landlord, which consent approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the aboveUpon completion of any alterations, and provided Tenant complies with all Legal Requirements in connection therewithadditions, or improvements by Tenant, Tenant shall have the right at provide Landlord with “as built” plans, copies of all times to make construction contracts and proof of payment for all other alterations, additions or improvements to the Building without Landlord’s prior written approval. labor and materials.
b) Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or the Premises and keep the Premises free and clear of all liens and encumbrances for Tenant work contracted for use in by Tenant. In the event a lien is filed against the Premises, which claims are or may upon Tenant’s receipt of notice of any such lien, Tenant shall cause such lien to be secured by any mechanics’ or materialmen’s lien against released from the Premises or within ten (10) business days of receipt of such notice. Tenant shall give Landlord at least ten (10) business days’ prior written notice of the commencement of any interest thereinwork on the Premises, regardless of whether Landlord’s consent to such work is required and Landlord may elect to record and post notices of non-responsibility on the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Alterations, Additions, and Improvements. 12.1 Tenant shall not create any openings in the roof or exterior walls, nor make any structural alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of to the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall have the right at all times to erect or install cabinets, conditioned shelves, electrical outlets, machinery, air conditioning or delayed. Notwithstanding the aboveheating equipment and trade fixtures and other equipment, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. .
12.2 All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of the Landlord at the expiration of the TermLease term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises Tenant's business and furnished by Tenant (collectively, "PERSONAL PROPERTY"), which Personal Property shall be removed by Tenant may remove, provided at the expiration or earlier termination of this Lease and Tenant repairs shall repair any damage to the Premises damages caused thereby (reasonable and ordinary wear and tear excepted)by such removal. For federal Federal income tax purposes, Tenant’s 's signs, trade fixtures and furnishings are defined herein as equipment. Except as set forth above and provided Tenant has obtained Landlord's consent to perform alterations, if consent is required under the terms of this Lease, Tenant shall payhave no obligation to remove any other alterations or improvements or to restore the Premises at the expiration or earlier termination of this Lease.
12.3 Tenant shall have the right to make interior alterations to the Premises of a non-structural nature without Landlord's consent provided Tenant shall comply with all Legal Requirements in connection therewith.
12.4 At Tenant's sole cost and expense, when due, all claims for labor Tenant shall be permitted to construct an antenna or materials furnished or alleged to have been furnished to or for Tenant for use in satellite dish on the roof of the Premises, which claims are provided that (i) Tenant secures any permits required by governmental authority for installation, (ii) such antenna or may be secured by dish it does not impair the structural integrity of the roof and (iii) Tenant coordinates such installation with Landlord's roofing contractor to avoid violations of any mechanics’ roofing warranties.
12.5 Notwithstanding the ownership of the alterations, additions or materialmen’s lien against improvements to the Premises Premises, Tenant retains the right to depreciation deductions of all such alterations, additions or any interest thereinimprovements made at Tenant's expense.
Appears in 2 contracts
Sources: Guaranty of Lease (Basic Us Reit Inc), Guaranty of Lease (Basic Us Reit Inc)
Alterations, Additions, and Improvements. Except for the Initial Improvements (which shall be constructed pursuant to the Work Letter), Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the Premises (“Tenant Work”) without obtaining the prior written consent of Landlord, nor place any signs in the Premises which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of are visible from outside the Premises, in each case without obtaining the prior written consent of Landlord, which consent shall not may be unreasonably withheld, conditioned or delayedwithheld in Landlord’s sole discretion. Notwithstanding the aboveforegoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and provided Tenant complies (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all Legal Requirements in connection therewithcontractors, Tenant subcontractors, vendors, architects arid engineers (collectively, “Outside Contractors”) shall have the right at all times be subject to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. If requested by Landlord, Tenant shall not be required to restore execute a work letter for any alterations or additions permitted under this paragraph to such Tenant Work substantially in the Premises or remove improvements at the end form then used by Landlord for construction performed by tenants of the TermBuilding. Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Building Standard Tenant which are permanently attached to and made part of the Premises Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in until the expiration or on earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and furnished by shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant which Work, that Landlord will require Tenant may removeto remove same upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, provided and Tenant repairs shall, at Tenant’s expense, promptly repair any damage to the Premises Premises, the Building or the Project caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentby such removal. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work or otherwise. if any liens are filed, Tenant shall cause the same to be released within five (5) days after Tenant’s receipt of notice of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord may prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items.
Appears in 2 contracts
Sources: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building Premises or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Common Areas by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the abovePremises or about the Premises, such requirements as Landlord in its sole discretion may deem desirable, including the payment to Landlord of a construction management fee equal to two percent (2%) of the hard construction costs of constructing and provided Tenant complies with all Legal Requirements installing the Alteration(s) in connection therewith, Tenant shall have question (the right at all times to make all other alterations, additions or “Landlord Supervision Fee”). The construction of the initial improvements to the Building Premises shall be governed by the terms of the Work Letter and not the terms of this Section 6.03. Notwithstanding the foregoing or anything to the contrary set forth herein, Tenant may, without Landlord’s prior written approvalconsent or the payment of a Landlord Supervision Fee, but upon not less than ten (10) days’ prior written notice to Landlord, make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect the structural integrity or any structural components of the Building, (b) are not visible from the exterior of the Building, (c) do not require a building permit, and (d) do not involve the expenditure of more than Fifty Thousand Dollars ($50,000.00) in any given instance or One Hundred Thousand Dollars ($100,000.00) in the aggregate during any twelve (12) month period. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects, attorneys and others for reviewing plans and specifications and costs incurred to third parties in connection with monitoring the construction of any proposed Alterations. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall not make its election to require removal of such Alterations, if at all, at the time consent to such Alterations is given. Notwithstanding the foregoing, in no event shall Tenant be required to restore remove any alterations or additions permitted under this paragraph to Tenant Improvements (as defined in the Work Letter) from the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at upon the expiration of earlier termination of this Lease unless those Alterations are Non-Standard Alterations. As used herein, the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.term “
Appears in 2 contracts
Sources: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)
Alterations, Additions, and Improvements. Tenant shall not Subject to the provisions of this Article IV, Lessees may make any alterations, additions additions, improvements or improvements which affect other changes to the structure Premises and the Relevant Assets as may be necessary or useful in connection with the operation of the Building or which decrease Relevant Assets (collectively, the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed“Additional Improvements”). Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other If such Additional Improvements require alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant Premises or any of the Shared Access Facilities, Lessees shall not be required notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to restore the fees paid by Lessees under the Site Services Agreement by Lessees or otherwise provide for reimbursement of any alterations or additions permitted material increase in cost (if any) to Lessor under this paragraph the Site Services Agreement that results from any modifications to the Premises or remove improvements at the end of Shared Access Facilities necessary to accommodate the TermAdditional Improvements, or as otherwise mutually agreed by the parties. All alterationsAny alteration, additions addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessees and improvements permitted under this paragraph or consented Lessor, to the Shared Access Facilities) by Lessees shall be made in writing by Landlord are referred to as “Permitted Alterations”a good and workmanlike manner and in accordance with all applicable Laws. All alterations, additions or improvements made by Tenant which are permanently attached to The Relevant Assets and made part of the Premises all Additional Improvements shall become remain the property of Landlord Lessees and shall be removed by Lessees within one (1) year after termination of this Lease (provided that such can be removed by Lessees without unreasonable damage or harm to the Premises) or, at Lessees’ option exercisable by notice to Lessor, surrendered to Lessor upon the expiration termination of this Lease. Lessees shall not have the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in right or power to create or permit any lien of any kind or character on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs reason of repair or construction or other work. In the event any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in such lien is filed against the Premises, which claims are Lessees shall cause such lien to be discharged or may be secured by any mechanics’ or materialmen’s lien against bonded within thirty (30) days of the Premises or any interest thereindate of filing thereof.
Appears in 2 contracts
Sources: Lease and Access Agreement (Holly Corp), Lease and Access Agreement (Holly Energy Partners Lp)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor, which Lessor will not unreasonably withhold, condition or delay; provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance or structural integrity of Building 10, involve penetration of either the ceiling or floor of Building 10 and which do not collectively exceed One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor’s prior written consent; provided, further, that Lessee gives Lessor prior notice of such alterations (which notice shall include the estimated value of such alterations) and such alterations are otherwise performed in accordance with the terms of this Lease. As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out of pocket costs and expenses of consultants, engineers, architects and others (exclusive of property management personnel for reviewing plans and specifications.. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that: (i) Lessor shall make such election, if at all, at the time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee, or if Lessor’s consent to such Alteration is not required, then Lessor shall make such election within 30 days following a written request of Lessor by Lessee, and (ii) in any event, at the end of the Lease Term or earlier termination of the Lease, Lessee shall remove from the Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (the “Removal Obligations Schedule”), and shall surrender to Lessor, and have no obligation to remove, the equipment listed as “Equipment Left In Place” on the Removal Obligations Schedule. Lessee shall furnish security or make other arrangement satisfactory to Lessor to assure payment for the completion of all Alterations work free and clear of liens. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies, if so required. Such approvals shall not be unreasonably withheld, conditioned or delayeddelayed by Lessor. Notwithstanding Except as is provided for in the aboveRemoval Obligations Schedule, subject to Lessor’s right to have Lessee retain ownership and provided Tenant complies remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures and shall become the property of Landlord Lessor at the expiration or sooner termination of the TermLease, except for signs, unless Lessor directs otherwise. Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises Premises. Within thirty (30) days after completion of any Alteration, Lessee shall provide Lessor with a complete set of both hard copies and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein CAD drawings of “as equipment. Tenant shall pay, when due, all claims built” plans for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsame.
Appears in 2 contracts
Sources: Triple Net Space Lease (Biotech Spinco, Inc.), Triple Net Space Lease (PDL Biopharma, Inc.)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor, which Lessor will not unreasonably withhold, condition or delay; provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance or structural integrity of Building 9, involve penetration of either the ceiling or floor of Building 9 and which do not collectively exceed One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor’s prior written consent; provided, further, that Lessee gives Lessor prior notice of such alterations (which notice shall include the estimated value of such alterations) and such alterations are otherwise performed in accordance with the terms of this Lease. As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out of pocket costs and expenses of consultants, engineers, architects and others (exclusive of property management personnel for reviewing plans and specifications. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that: (i) Lessor shall make such election, if at all, at the time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee, or if Lessor’s consent to such Alteration is not required, then Lessor shall make such election within 30 days following a written request of Lessor by Lessee, and (ii) in any event, at the end of the Lease Term or earlier termination of the Lease, Lessee shall remove from the Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (the “Removal Obligations Schedule”), and shall surrender to Lessor, and have no obligation to remove, the equipment listed as “Equipment Left In Place” on the Removal Obligations Schedule. Lessee shall furnish security or make other arrangement satisfactory to Lessor to assure payment for the completion of all Alterations work free and clear of liens. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies, if so required. Such approvals shall not be unreasonably withheld, conditioned or delayeddelayed by Lessor. Notwithstanding Except as is provided for in the aboveRemoval Obligations Schedule, subject to Lessor’s right to have Lessee retain ownership and provided Tenant complies remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures and shall become the property of Landlord Lessor at the expiration or sooner termination of the TermLease, except for signs, unless Lessor directs otherwise. Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises Premises. Within thirty (30) days after completion of any Alteration, Lessee shall provide Lessor with a complete set of both hard copies and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein CAD drawings of “as equipment. Tenant shall pay, when due, all claims built” plans for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsame.
Appears in 2 contracts
Sources: Triple Net Space Lease (PDL Biopharma, Inc.), Triple Net Space Lease (Biotech Spinco, Inc.)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect ("Alterations") shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which consent shall do not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Landlord’s Lessor's prior written approvalconsent. Tenant As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall not be required pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises or remove improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted)Premises. For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.All heating,
Appears in 2 contracts
Sources: Triple Net Building Lease (Informatica Corp), Triple Net Building Lease (Informatica Corp)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which consent shall do not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without LandlordLessor’s prior written approvalconsent. Tenant As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall not be required pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises or remove improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of “as built” plans for same.
Appears in 2 contracts
Sources: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Premises (“Alterations”) without Landlord’s prior written approvalconsent. Tenant Landlord shall not unreasonably withhold its consent to non-structural Alterations. Landlord shall not be required to restore consent to and Tenant shall not make any alterations Alterations to the electrical, plumbing, heating, ventilation or additions permitted under this paragraph air-conditioning systems. Prior to making any Alterations, Tenant shall submit to Landlord detailed plans and specifications for Alterations and reimburse Landlord for all expenses incurred by Landlord in connection with its review thereof, and Tenant shall also provide to Landlord for its approval the identity of the contractor Tenant proposes to employ to construct the Alterations. All Alterations shall be accomplished in accordance with the following conditions:
(i) Tenant shall procure all governmental permits and authorizations for the Alterations, and obtain and provide to Landlord an official certificate of occupancy upon completion of the Alterations, if appropriate.
(ii) Tenant shall arrange for extension of the liability insurance provided for in Par. 5 to apply to the construction of the Alterations.
(iii) The employment of any employee, contractor or laborer in or about the Premises in connection with the Alterations, or Tenant’s moving of furniture and equipment in or out of the Premises or remove improvements at otherwise, shall not interfere or cause any conflict with any employee, contractor or laborer of Landlord or union representing any of them engaged in the end construction, operation, maintenance or repair of the TermProperty. All alterationsIn the event of such interference, additions upon demand of Landlord, Tenant will cause such employee, contractor or laborer to leave the Property immediately.
(iv) The work with respect to the Alterations shall be done in a neat, clean and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterationsquiet manner, additions or improvements made by Tenant which are permanently attached to and made part shall not interfere with the use and occupancy of the Premises Building by other tenants.
(v) Tenant shall become construct the Alterations in a good and workmanlike manner utilizing materials of first quality and in compliance with all laws and governmental regulations.
(vi) Within ten (10) days after completion of the Alterations, Tenant shall provide Landlord with “as built” plans of the Alterations and AutoCAD files thereof on disk. ICM: 09/18/02 FORM: AmberJc2.meb Rev. 09/18/02 MTNT-Msty-Office G+TE – AJ Lease F:\wpdata\meb2\Leases\ValeritasLse3.doc 10/16/09 5:30p.m. 7
(b) Except for Tenant’s trade fixtures, all Alterations shall be the property of Landlord and shall remain on and be surrendered with the Premises upon termination of the Lease, unless Landlord shall notify Tenant at the time Landlord grants its consent to such Alterations, or if no consent is required, at the time Tenant notifies Landlord of such Alterations, that it desires that such Alterations be removed at the expiration of the TermLease, except for signsin which event Tenant agrees to remove such Alterations on or prior to the Expiration Date, trade fixtures, furnishings, machinery and equipment used in or on restore the Premises to its existing condition prior to construction of the Alterations and furnished by Tenant which Tenant may remove, provided Tenant repairs repair any damage to the Premises or the Building caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.
Appears in 2 contracts
Sources: Lease Agreement (Valeritas Holdings Inc.), Lease Agreement (Valeritas Holdings Inc.)
Alterations, Additions, and Improvements. Tenant shall not make any Except as required by Section 4 hereof, no alterations, additions or improvements which affect the structure shall be made to any part of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Subleased Premises without the prior written consent of LandlordSublessor, which consent shall not be unreasonably withheld, conditioned or delayeddelayed and the consent of the Prime Lessor to the extent required by the Prime Lease. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other All permitted alterations, additions or improvements to the Building without LandlordSubleased Premises (“Sublessee’s prior written approvalWork”) shall be made in compliance with any applicable terms and provisions of the Prime Lease, all applicable laws, ordinances, rules and regulations, and at the expiration or termination of the term of this Sublease for any reason, shall remain for the benefit of Sublessor or shall, at the request of Sublessor, be removed by Sublessee, at Sublessee’s sole cost, and Sublessee shall repair any damage caused by such removal. Tenant Notwithstanding the foregoing, Sublessee shall not be required to remove and/or restore any alterations Sublessee Improvements (as hereinafter defined below) unless such removal is required by the Prime Lease, improvements which were in the Subleased Premises as of the Sublease Commencement Date or additions permitted under this paragraph improvements which were made by Sublessor or Prime Lessor (collectively, the “Existing Alterations”). If such removal or restoration is required pursuant to the Prime Lease, Sublessor (at its sole cost) shall remove any and all Existing Alterations made to the Subleased Premises or remove improvements upon termination of this Sublease and shall restore the Subleased Premises to the condition required by the Prime Lease. For any other alterations, Sublessor shall notify Sublessee at the end time of Sublessor’s and Prime Lessor’s consent (if required) whether such alterations will have to be removed and/or restored at the expiration of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part In the event that Prime Lessor does not require removal and/or restoration of the Premises shall become the property of Landlord such alterations at the expiration of the Term, except for signsthen Sublessor shall also not require removal and/or restoration of such alterations. All permit, trade fixtureslicense and similar costs and fees (including, furnishingswithout limitation, machinery costs of architectural renderings, sign elevation drawings, mechanical plans, and equipment used in other plans and specifications) required by statute or on ordinance and associated with Sublessee’s Work shall be paid by Sublessee. Any initial improvements (the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage “Sublessee Improvements”) to be made to the Subleased Premises caused thereby (by Sublessee shall be subject to the reasonable prior approval of Sublessor and ordinary wear the approval of the Prime Lessor in accordance with the terms and tear excepted)provisions of the Prime Lease and Sublessee shall be responsible for the removal of the Sublessee Improvements and the restoration of the Subleased Premises if and to the extent required by the Prime Lessor at the Sublease Expiration Date or earlier termination of this Sublease. For federal income tax purposesDuring the period of design and construction of the Sublessee Improvements and installation of Sublessee’s furniture, Tenant’s signs, trade fixtures and furnishings are defined herein equipment, Sublessee shall not be required to pay Sublessor or Prime Lessor for, (1) contractor, subcontractor, consultants, and architect parking, (2) the use of freight elevator, restrooms, loading docks, or security, (3) charges for temporary power, lights, and HVAC (except as otherwise expressly provided for herein), (4) tap in fees to connect to the Building’s utility, security or health safety systems and equipment. Tenant , or (5) supervisory, administrative or other fees regarding the management of such work and Sublessor shall paypay such costs to the extent required by Prime Lease; provided, when duehowever, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premisesevent Sublessee requests consent for any additional alterations or improvements, which claims are or may Sublessee shall be secured by solely responsible for any mechanics’ or materialmen’s lien against the Premises or any interest thereincosts and expenses related thereto.
Appears in 2 contracts
Sources: Sublease, Sublease (Horizon Pharma PLC)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which consent shall do not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively Seventy-five Thousand Dollars ($75,000) in cost within any twelve (12) month period, without LandlordLessor’s prior written approvalconsent. Tenant As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall not be required pay Lessor upon demand for the reasonable costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises or remove improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of “as built” plans for same.
Appears in 2 contracts
Sources: Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)
Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesadditions, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Premises without Landlord’s 's prior written approvalconsent, except for non-structural alterations which do not exceed Five Thousand Dollars ($5,000.00) in cost cumulatively over the Lease Term and which are not visible from the outside of the Building. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall not be required to restore promptly remove any alterations or additions permitted under this paragraph to the Premises or remove improvements at made upon Landlord's written request after the end of the Lease Term. All alterations, additions additions, and improvements permitted under this paragraph or consented to will be accomplished in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor licensed in the State of Florida approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord are referred to with "as “Permitted Alterations”. All alterationsbuilt" plans, additions or improvements made by Tenant which are permanently attached to copies of all construction contracts, and made part proof of the Premises shall become the property of Landlord at the expiration of the Term, except payment for signs, trade fixtures, furnishings, machinery all labor and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentmaterials. Tenant shall payagrees that Tenant will pay all liens of contractors, when duesubcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all claims expenses, costs and charges, including bond premiums for labor or materials furnished or alleged to have been furnished to or for Tenant for use release of liens and attorneys fees and costs reasonably incurred in and about the Premises, which claims are or may be secured by defense of any mechanics’ or materialmen’s lien against suit in discharging the Premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. In the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties to this lease that the expenses, costs and charges above referred to shall be considered as Rent due and shall be included in any lien for Rent. Tenant shall not have any authority to create any liens for labor or material on Landlord's interest thereinin the Premises and all persons contracting with Tenant for the destruction or removal of any facilities or other improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all materialmen, contractors, mechanics, and laborers are hereby charged with notice (which notice Tenant shall deliver in writing to each such party prior to the commencement of any service by said party) that they must look only to Tenant and to Tenant's interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material furnished at the request or instruction of Tenant. The provisions of this paragraph are set forth in a notice which has been recorded by Landlord in the Public Records of Palm Beach County, Florida.
Appears in 2 contracts
Sources: Lease Agreement (Newagecities Com Inc), Lease Agreement (Adsouth Partners, Inc.)
Alterations, Additions, and Improvements. Tenant A. Lessee shall not make or permit to be made any alterations to the Premises without prior written consent of Lessor, which consent will not be unreasonably withheld; provided, however, that Lessee shall not be required to obtain Lessor’s consent for any alterations to the Premises which do not exceed $25,000 individually or $100,000 in the aggregate. If Lessee makes any alterations to the Premises in excess of the amounts set forth herein, the alterations shall not be commenced until five (5) days after Lessee has received written consent to such alterations from the Lessor so that Lessor may post and record any appropriate notice of non-responsibility; provided, however, that if Lessor fails to provide written notice to Lessee of its consent to, or rejection of, such alterations within fifteen (15) days after receiving Lessee’s request, Lessor shall be deemed to have approved the alterations. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, of any improvement on the Premises, or change the purposes for which the improvement, or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements which affect the structure are as follows:
(1) Before commencement of the Building any work, all plans and specifications shall be filed with and approved by all governmental departments or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the aboveauthorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all governmental regulations.
(2) Prior to commencement of any work, Lessee shall obtain appropriate additional insurance coverage and pay the amount of any increase in premiums on insurance policies provided Tenant complies with all Legal Requirements in connection therewithfor herein because of endorsements to be made covering the risk, Tenant shall have and the right at all times to make all other alterations, additions or improvements to and improvements, both during and after the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end course of the Term. work.
C. All alterations, additions and improvements permitted under this paragraph on or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterationsthe Premises at the commencement of the Term, additions and that may be erected or improvements made by Tenant which are permanently attached to and made installed during the Term, shall become part of the Premises and the sole property of Lessor, except that all moveable trade fixtures installed by Lessee shall become be and remain the property of Landlord at the expiration of the TermLessee.
D. Except as otherwise provided herein, except for signsLessor shall not be required or obligated to make any changes, trade fixturesalterations, furnishingsadditions, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may removeimprovements in, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposeson, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in about the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinpart thereof.
Appears in 2 contracts
Sources: Assignment and Assumption of Lease (Laidlaw Energy Group, Inc.), Assignment and Assumption of Lease (Laidlaw Energy Group, Inc.)
Alterations, Additions, and Improvements. Tenant Lessee shall not make any alterations, additions or improvements which affect on or to the structure of premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the aboveexcept that Lessee may (without such notice, and provided Tenant complies with all Legal Requirements in connection therewithconsent, Tenant shall have the right at all times to etc.) make all other any non-structural alterations, additions or improvements changes to the Building premises reasonably related to the Contemplated Uses, including, without Landlordlimitation, installing and replacing signs, redecorating, making improvements that do not effect load-bearing walls, and reconfiguring non-load-bearing walls. Any work performed by Lessee shall be at Lessee’s prior written approval. Tenant expense, and Lesee shall use contractors or mechanics first approved by Lessor for any structural or building-system work, such approval shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Termunreasonably withheld. All alterationsfixtures and all paneling, additions partitions, railing and improvements permitted under this paragraph or consented to like installations, installed in writing the premises at any time by Landlord are referred to as “Permitted Alterations”. All alterationsLessee shall, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall upon installation, become the property of Landlord at Lessor and shall remain upon and be surrendered with the leased premises unless, as to any items installed after the date hereof, Lessor, by notice to lessee not later than twenty days prior to the date fixed as the termination of the lease, elects to relinquish Lessor’s rights thereto and to have them removed by Lessee, in which event, the same shall be removed from the premises by Lessee on or before the expiration of the Termlease, except for signsat Lessee’s expense. Nothing contained in this provision shall prevent Lessee from removing all office furniture and machines, equipment, and trade fixtures, furnishings, machinery and equipment fixtures customarily used in or on the Premises business of the Lessee, and furnished by Tenant any other property and fixtures which Tenant may remove, provided Tenant repairs any damage to are Acquired Assets (as defined in the Premises caused thereby (reasonable and ordinary wear and tear exceptedPurchase Agreement). For federal income tax purposesLessee agrees that all work performed under this article shall be in compliance with all applicable laws, Tenant’s signsincluding all applicable laws, trade fixtures regulations, and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in codes of the Premises, which claims are or may be secured by city of Norwalk and any mechanics’ or materialmen’s lien against other governmental entity with jurisdiction over the Premises or any interest thereinpremises.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Trudy Corp), Asset Purchase Agreement (Trudy Corp)
Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord; provided however, which consent that Tenant shall not be unreasonably withheldentitled to make nonstructural nonmechanical alterations costing less than $10,000.00 without Landlord’s consent. If Landlord gives its consent, conditioned or delayed. Notwithstanding Landlord reserves the aboveright to approve the Tenant’s selection of contractor for such alterations and Tenant will provide Landlord with such information as reasonably determined by Landlord to make an informed decision about said contractor.
(a) Tenant, at any time and from time to time during the term, at its sole cost and expense, and provided Tenant complies with all Legal Requirements has obtained any required consent from Landlord, which shall be in connection therewitha timely manner and not unreasonably withheld, Tenant shall have the right at all times to may make all other improvements, alterations, additions additions, installations, substitutions, betterments and decorations (collectively “Improvements”) in and to the Premises, provided:
(i) the Improvements will not result in a violation of any certificate of occupancy applicable to the Premises or improvements to the Building Complex;
(ii) the Improvements will not require a change in any certificate of occupancy applicable to the Premises or Building Complex without Landlord’s prior written approval. Tenant consent, not to be unreasonably withheld;
(iii) except with respect to permitted signage, the outside appearance of the Building Complex or any part thereof shall not be required to restore affected in any alterations way, and such Improvements shall not adversely affect or additions permitted under this paragraph to weaken or impair (temporarily or permanently) the structure or lessen the value of the Premises or remove improvements Building Complex, either during the making of such Improvements or upon their completion;
(iv) there shall be no Improvements to the exterior, roof, foundation, structural, or affecting the mechanical, plumbing, electrical or HVAC systems of the Building Complex without the prior consent of the Landlord, not to be unreasonably withheld or delayed and which shall be deemed granted if Landlord has not objected thereto within five (5) business days after receipt of written request from Tenant;
(v) in performing the work involved in making such Improvements, Tenant shall be bound by and observe all of the terms of this Lease and any applicable laws, regulations, or covenants affecting the Building Complex; and
(vi) at all times during construction in the Premises, Tenant shall post in a conspicuous place and continuously maintain the posting of a notice of non-liability of Landlord for such work, in the form of Exhibit D attached hereto and incorporated herein by this reference.
(vii) Tenant acknowledges the historical nature of the building and will not do anything, nor permit anything to be done by its contractors, employees, invitees, etc., that will adversely affect the building. It is understood that no drilling into bricks or timbers is permitted, without express written consent of Landlord.
(b) Unless Tenant shall notify Landlord otherwise, all Improvements to the Premises, including, by way of illustration but not by limitation, all counters, screens, grilles, special cabinetry work, partitions, paneling, carpeting, drapes or other window coverings and light fixtures, shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance or injury at the end of the TermLease term, whether by lapse of time or otherwise, unless Landlord, by written notice to Tenant at the time improvements are approved, shall elect to have Tenant remove all or any of such alterations, improvements or additions at the end of the term (excluding non-movable walls, HVAC duct work and electrical improvements), and in such event, Tenant shall, at the end of the term, remove, at its sole cost and expense, such alterations, improvements and additions and restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. Any such removal, whether required or permitted by Landlord, shall be at Tenant’s sole cost and expense, and Tenant shall restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. All alterationsmovable partitions, additions machines and equipment, telephone system, shelving or removable improvements permitted under this paragraph which are installed in the Premises by or consented for Tenant, without expense to in writing by Landlord are referred Landlord, and can be removed without structural damage to as “Permitted Alterations”. All alterationsor defacement of the Building or the Premises, additions or and all furniture, furnishings, telephone systems, shelving, removable improvements made and other articles of personal property owned by Tenant and located in the Premises (all of which are permanently attached to herein called “Tenant’s Property”) shall be and made part of the Premises shall become remain the property of Landlord Tenant and may be removed by it at any time during the expiration term of this Lease. However, if any of Tenant’s Property is removed, Tenant shall repair or pay the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs cost of repairing any damage to the Building or the Premises caused thereby (reasonable and ordinary wear and tear excepted)resulting from such removal. For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings All additions or improvements which are defined herein as equipment. Tenant to be surrendered with the Premises shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in be surrendered with the Premises, which claims are as a part thereof, at the end of the term or may be secured by the earlier termination of this Lease.
(c) Prior to the commencement of any mechanics’ or materialmen’s lien against Improvements to the Premises or Building Complex costing $10,000.00 or more in any interest thereinone instance, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado evidencing that workmen’s compensation, public liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in force and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured and shall provide that the same may not be canceled or modified without thirty (30) days prior written notice to Landlord.
(d) Tenant, at its sole cost and expense, shall cause any permitted Improvements in or about the Premises to be performed in compliance with all applicable requirements of insurance bodies having jurisdiction.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Intelepeer Inc), Commercial Lease Agreement (Intelepeer Inc)
Alterations, Additions, and Improvements. Except for the Additional Tenant Improvements, Tenant shall not make any alterations, additions or improvements which affect improvements, structural or otherwise (the structure “Alterations”) in or to the Premises without Landlord’s prior written consent. The plans and specifications for any approved Alterations shall be subject to Landlord’s prior written approval and once approved, shall not be materially changed without the Landlord’s prior written consent. Tenant shall provide Landlord with a copy of the Building plans and specifications and estimated construction costs for the Alterations prior to commencing construction. All Alterations shall be made promptly, in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the Premises or which decrease to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the square footage Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by Landlord. Upon a termination of the Building or Lease, Tenant shall provide Landlord with copies of all unexpired construction warranties related to the Alterations, all of which reduce the value shall be deemed assigned to Landlord. Unless otherwise noted in Landlord’s written approval of the PremisesAlteration, any Alteration shall remain and be surrendered with the Premises on expiration of the Lease. If Landlord’s approval of the Alteration provides that the Alteration is not to be surrendered, Tenant, at its sole cost, shall remove that Alteration which is not to remain and shall repair all damage to the Premises caused by that removal. This obligation shall survive a termination of the Lease. Notwithstanding anything in each case without this Lease to the prior written consent contrary, Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of Landlord, which consent Tenant. The Landlord consents/approvals required under Section 7 shall not be unreasonably withheld, conditioned or delayed. Notwithstanding Provided it is not in default under this Lease and makes any repairs to the aboveroof caused by the removal, upon termination of this Lease Tenant, at its sole expense, shall be permitted to remove those items identified as trade fixtures (e.g., hoods, casework, and provided Tenant complies with all Legal Requirements countertops) which are included in connection therewith, any Alterations. Tenant shall have be permitted to remove the right at all times to make all other alterationscounters and hoods currently in the Premises (i.e., additions or improvements to existing as of the Building without Landlord’s prior written approval. Tenant Execution Date) and shall not be required to restore any alterations repair or additions permitted under this paragraph to the Premises or remove improvements replace such items at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.
Appears in 2 contracts
Sources: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Alterations, Additions, and Improvements. Tenant Except for the Initial Improvements, Customer shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the Premises or placement of any signs in the Premises which affect are visible from outside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesPremises (collectively, in each case “Customer Work”), without obtaining the prior written consent of LandlordService Provider which may be withheld in Service Provider’s sole discretion. Notwithstanding the foregoing, Service Provider will not unreasonably withhold its consent to Customer Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Service Agreement, (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Customer’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Service Provider’s prior written approval, which consent shall not be unreasonably withheld. If requested by Service Provider, conditioned or delayedCustomer shall execute a work letter for any such Customer Work reasonably acceptable to Service Provider and Customer. Notwithstanding the aboveService Provider may hire outside consultants to review such documents and information furnished to Service Provider, and provided Tenant complies Customer shall reimburse Service Provider for the actual out-of-pocket cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Service Provider of any plans or specifications shall constitute a representation or warranty by Service Provider that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Customer that Service Provider assumes no responsibility or liability whatsoever to Customer or any other person or entity for such completeness, suitability or compliance. Customer shall furnish any documents and information reasonably requested by Service Provider, including “as-built” drawings (both in paper and in electronic format acceptable to Service Provider) after completion of such Customer Work. Service Provider may impose such conditions on Customer Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Service Provider from time to time, insurance covering Service Provider against liabilities which may arise out of such work, plans and specifications, and permits for such Customer Work. Any and all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises Customer Work shall become the property of Landlord Service Provider upon completion and shall be surrendered to Service Provider upon the termination or expiration of this Service Agreement for any reason, unless Service Provider shall, at the expiration of the Termtime it grants its consent, except for signs, trade fixtures, furnishings, machinery and equipment used in require removal or on the Premises and furnished restoration by Tenant which Tenant may remove, provided Tenant repairs Customer. Customer shall not allow any damage liens to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinCustomer Work. If any liens are filed, Customer shall cause the same to be released within five (5) days after Customer’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Service Provider. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Service Provider prior to commencement of any Customer Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Customer Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Customer Work, Service Provider shall prepare and submit to Customer a punch list of items to be completed, and Customer shall diligently complete all such punch list items.
Appears in 2 contracts
Sources: Service Agreement (Xenith Bankshares, Inc.), Service Agreement (Xenith Bankshares, Inc.)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterationsstructural alternations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In addition, conditioned or delayed. Notwithstanding the above, no such work shall be performed unless and provided Tenant complies with all Legal Requirements in connection therewith, Tenant until Landlord shall have the right at approved all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approvalplans and specifications therefore. Tenant shall not submit plans and specifications depicting its proposed, structural work to Landlord for review and approval, which shall be required to restore any alterations or additions permitted under this paragraph to deemed given unless Tenant is advised otherwise within twenty (20) days after the Premises or remove improvements at the end of the Termsubmission thereof. All such structural alterations, additions additions, and improvements permitted under this paragraph or consented to improvements, if agreed to, shall be made in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to accordance with all applicable laws and made part of regulations and shall remain for the Premises shall become the property benefit of Landlord at the expiration of after the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on Tenant shall not have any obligation to remove the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage same. Prior to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposescommencement of any such work or the delivery of any materials, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor supplies or materials furnished or alleged equipment to have been furnished to or for Tenant for use in the Premises, which claims are all contractors shall have duly and effectively waived any right of such contractor and its subcontractors to claim or may be secured by any mechanics’ file a mechanic’s or materialmenmaterialman’s lien against the Premises or any portion thereof or interest thereintherein with respect to all work, materials, supplies and equipment at any time performed or supplied, to the Premises or any portion thereof. Tenant acknowledges and agrees that any approval which, Landlord may give with respect to any work to be performed by or on behalf of the Tenant under this Paragraph or any other provision of this Lease, or with respect to any contractors or subcontractors to perform the same, or with respect to any plans or specifications related thereto shall be solely for Landlord’s own protection and shall not be construed to provide any warranty, representation or other assurance of any kind as to the adequacy, quality or legality thereof or as to any other matter whatsoever, and Tenant shall be solely responsible for such matters and shall indemnify, defend and hold Landlord harmless from and against all liability, damage, loss, claims, cost and expense (including reasonable attorneys’ fees) relating to any such work or other matters.
(b) All alterations, additions or improvements shall be made in a proper and workmanlike maimer and with the use of only first class materials. Tenant agrees to fully pay for same and to indemnify, defend and hold Landlord harmless from all expenses, liens, claims or damages (including reasonable attorneys’ fees) to persons or property arising there from or related thereto.
(c) All alterations, additions, improvements and installations (except Tenant’s trade, fixtures and equipment which may be made to the Premises) shall, upon expiration or sooner termination of the Term, by lapse of time or otherwise, become the property of Landlord and remain upon and be surrendered with the Premises. Notwithstanding the provisions of this Paragraph 6.3, personal property, business and trade fixtures and machinery, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant at any time during the Term hereof.
(d) Tenant agrees to repair any damage to the Premises caused by, or in connection with, the removal of any articles of personal property, business or trade fixtures, including, without limitation thereto, repairing the floor and patching the walls where reasonably required by Landlord, to Landlord’s reasonable satisfaction.
(e) Tenant shall not permit any mechanics’ or materialmen’s liens to be filed against the fee of the Premises or against Landlord’s interest in the Premises by reason of work, lab of, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises through or under Tenant, whether prior or subsequent to the commencement of the Term. If any such mechanics’ or materialmen’s lien shall at any time be filed against the Premises as a result of any alterations, additions, improvements, repairs or installations performed by or on behalf of Tenant, and Tenant shall fail to remove the lien by satisfaction or bonding over within 30 days thereafter, it shall constitute a breach of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)
Alterations, Additions, and Improvements. After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements which affect in or to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without obtaining the prior written consent of Landlord, which shall not be unreasonably withheld (“Tenant Work”), nor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithIf requested by Landlord, Tenant shall have execute a reasonable work letter for any such Tenant Work substantially in the right at all times to make all other alterations, additions or improvements to form then used by Landlord for construction performed by tenants of the Building without Landlord’s prior written approvalBuilding. Tenant shall not be required pay Landlord a construction oversight fee in an amount equal to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end five percent (5%) of the Termcost and expense of any Tenant Work whether undertaken by Landlord or Tenant; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. [PLEASE NOTE THAT TENANT DOES NOT PRESENTLY INTEND TO PERFORM ANY INITIAL IMPROVEMENTS TO THE PREMISES, BUT IN THE EVENT TENANT CHANGES ITS INTENTIONS AND IN FACT PERFORMS INITIAL IMPROVEMENTS, TENANT WILL NOT PAY A CONSTRUCTION OVERSIGHT FEE IN CONNECTION THEREWITH] Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings if available (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Building Standard Tenant which are permanently attached to and made part of the Premises Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord, at the expiration time it approves the Tenant Work, shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in until the expiration or on earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and furnished by shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant which Work, that Landlord will require Tenant may removeto remove same upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, provided and Tenant repairs shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentby such removal. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work. If any liens are filed, Tenant shall cause the same to be released within fifteen (15) days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all reasonable applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items.
Appears in 2 contracts
Sources: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)
Alterations, Additions, and Improvements. Tenant shall have the right to remodel and make any additions, alterations, or improvements to the Leased Premises up to an aggregate single remodel, addition, alteration or improvement of $10,000.00 without Landlord's consent. Tenant shall not remodel nor make any additions, alterations, additions or improvements to the Leased Premises over $10,000.00 as stated above or which affect change the exterior architectural structure or appearance of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case building without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Tenant shall also have the right to install in the Leased Premises Tenant's equipment, trade-fixtures and other personal property as Tenant may deem advisable, provided, however, all of the foregoing will be made without any expense to Landlord and Tenant will comply with all applicable laws with respect thereto. It is understood by the parties hereto that for all purposes under this Lease, Landlord shall own all of the land described on said Exhibit A, the building, and other improvements, now or hereafter constructed thereon, including but not limited to, electrical, plumbing, heating, ventilation and air conditioning systems and equipment installed by Landlord and attached to the building and all interior and exterior lighting fixtures. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithforegoing, Tenant shall have own all of Tenant's leasehold improvements, the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions restaurant equipment and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishingsand all interior and exterior signage, machinery whether or not any of the foregoing appear to be permanently affixed to the Leased Premises (hereinafter collectively, "Tenant's Property"). Tenant is hereby expressly given the right, at any time during the term of this Lease, and equipment used upon the termination of this Lease, to remove the Tenant's Property provided, however, Tenant will make reasonable repairs to the Leased Premises for any physical injury caused thereto by such removal, but without any liability for diminution in value of the Leased Premises for any physical injury caused by the absence of the Tenant's Property so removed and without any necessity for replacing the same. In the event Tenant shall fail to remove all of the Tenant's Property upon the termination of the Lease, then Tenant, at Landlord's election, shall be deemed to have waived all right to any of Tenant's Property not so removed, in which event Landlord may retain the same as Landlord's property, or Tenant, upon written notice from Landlord to Tenant given on or before the termination of the term of the Lease, shall remove the same from the Leased Premises and furnished by Tenant which Tenant may remove, provided Tenant shall make reasonable repairs any damage to the Leased Premises for any physical injury caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured Leased Premises by any mechanics’ or materialmen’s lien against the Premises or any interest thereinremoval thereof.
Appears in 2 contracts
Sources: Lease (Founders Food & Firkins LTD /Mn), Lease (Founders Food & Firkins LTD /Mn)
Alterations, Additions, and Improvements. A. Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Leased Premises, Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedconsent. Notwithstanding the above, Landlord may require Tenant to provide demolition and/or lien and provided Tenant complies with all Legal Requirements completion bonds in connection therewith, Tenant shall have the right at all times form and amount satisfactory to make all other Landlord for any alterations, additions or improvements to the Building without Landlord’s prior written approvalthat Landlord approves. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end subparagraph of the TermSection 5.5 upon Landlord's written request. All alterations, additions addition and improvements permitted under this paragraph or consented to will be accomplished in writing a good and workmanlike manner at Tenant's sole expense, in conformity with all applicable laws and regulations by Landlord are referred to as “Permitted Alterations”a licensed and bonded contractor approved in advance by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials.
B. Tenant shall pay when due, due all claims for labor and materials furnished to the Leased Premises, Building or Property. Tenant shall give Landlord at least ten (10) days' prior written notice of the commencement of any work on the Leased Premises, Building or Property. The fee interest of Landlord in the Leased Premises, the Building and the Property shall not be subject to liens for improvements made by Tenant. Landlord and Tenant agree that Tenant will not have authority to create or suffer any lien for labor or materials furnished or alleged to have been furnished to or for Tenant for use on Landlord's interest in the Leased Premises, which claims the Building or the Property, and all contractors, subcontractors, materialmen, mechanics, laborers and others contracting with Tenant, and/or any subtenant of Tenant and/or any other occupant(s) of the Leased Premises, for the construction, installation, alteration or repair of any improvements to the Leased Premises are hereby charged with notice that they must look only to Tenant and to Tenant's interest in the Leased Premises to secure the payment of any charges for work done and/or materials furnished at the Leased Premises. Notwithstanding the foregoing, if, for whatever reason, any mechanic's or may other lien shall be secured by any mechanics’ or materialmen’s lien filed against the Leased Premises or any other part of the Building or the Property, purporting to be for labor or material furnished or to be furnished at the request of Tenant or anyone claiming under Tenant, then Tenant shall at its expense cause such lien to be discharged of record by payment, bond or otherwise as allowed by law, within ten (10) days after the filing thereof. If Tenant shall fail to cause the lien to be discharged of record within such ten (10) day period, Tenant shall be in Default under this Lease and (without waiving such Default) Landlord, in addition to any other rights and remedies it may have under this Lease, may, but shall not be obligated to, cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and Tenant shall, within ten (10) days after request, reimburse Landlord for all amounts paid and incurred, including attorneys' fees and interest thereinthereon at the rate of 18% per annum or such higher rate as may be permitted by law, from the respective dates of Landlord's payments. For adequate separate consideration received on the execution hereof, on request Tenant also shall otherwise indemnify, protect, defend and hold harmless Landlord and its agents against any claim or damage resulting therefrom or in any way connected therewith. Landlord may elect to record and post notices of non-responsibility on the Leased Premises, the Building or Property, with respect to any such liens.
Appears in 2 contracts
Sources: Warehouse Space Lease Agreement (Excal Enterprises Inc), Warehouse Lease Agreement (Excal Enterprises Inc)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions ------------------------------------------------------ additions, or improvements which affect ("Alterations") shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which consent shall do not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Landlord’s Lessor's prior written approvalconsent. Tenant As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall not be required pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises or remove improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.
Appears in 2 contracts
Sources: Triple Net Building Lease (At Home Corp), Triple Net Building Lease (At Home Corp)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterationsstructural alternations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In addition, conditioned or delayed. Notwithstanding the above, no such work shall be performed unless and provided Tenant complies with all Legal Requirements in connection therewith, Tenant until Landlord shall have the right at approved all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approvalplans and specifications therefore. Tenant shall not submit plans and specifications depicting its proposed, structural work to Landlord for review and approval, which shall be required to restore any alterations or additions permitted under this paragraph to deemed given unless Tenant is advised otherwise within twenty (20) days after the Premises or remove improvements at the end of the Termsubmission thereof. All such structural alterations, additions additions, and improvements permitted under this paragraph or consented to improvements, if agreed to, shall be made in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to accordance with all applicable laws and made part of regulations and shall remain for the Premises shall become the property benefit of Landlord at the expiration of after the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on Tenant shall not have any obligation to remove the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage same. Prior to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposescommencement of any such work or the delivery of any materials, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor supplies or materials furnished or alleged equipment to have been furnished to or for Tenant for use in the Premises, which claims are all contractors shall have duly and effectively waived any right of such contractor and its subcontractors to claim or may be secured by any mechanics’ file a mechanic’s or materialmenmaterialman’s lien against the Premises or any portion thereof or interest thereintherein with respect to all work, materials, supplies and equipment at any time performed or supplied, to the Premises or any portion thereof, Tenant acknowledges and agrees that any approval which, Landlord may give with respect to any work to be performed by or on behalf of the Tenant under this Paragraph or any other provision of this Lease, or with respect to any contractors or subcontractors to perform the same, or with respect to any plans or specifications related thereto shall be solely for Landlord’s own protection and shall not be construed to provide any warranty, representation or other assurance of any kind as to the adequacy, quality or legality thereof or as to any other matter whatsoever, and Tenant shall be solely responsible for such matters and shall indemnify, defend and hold Landlord harmless from and against all liability, damage, loss, claims, cost and expense (including reasonable attorneys’ fees) relating to any such work or other matters.
(b) All alterations, additions or improvements shall be made in a proper and workmanlike manner and with the use of only first class materials. Tenant agrees to fully pay for same and to indemnify, defend and hold Landlord harmless from all expenses, liens, claims or damages (including reasonable attorneys’ fees) to persons or property arising there from or related thereto.
(c) All alterations, additions, improvements and installations (except Tenant’s trade, fixtures and equipment which may be made to the Premises) shall, upon expiration or sooner termination of the Term, by lapse of time or otherwise, become the property of Landlord and remain upon and be surrendered with the Premises. Notwithstanding the provisions of this Paragraph 6.3, personal property, business and trade fixtures and machinery, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant at any time during the Term hereof.
(d) Tenant agrees to repair any damage to the Premises caused by, or in connection with, the removal of any articles of personal property, business or trade fixtures, including, without limitation thereto, repairing the floor and patching the walls where reasonably required by Landlord, to Landlord’s reasonable satisfaction.
(e) Tenant shall not permit any mechanics’ or materialmen’s liens to be filed against the fee of the Premises or against Landlord’s interest in the Premises by reason of work, lab of, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises through or under Tenant, whether prior or subsequent to the commencement of the Term. If any such mechanics’ or materialmen’s lien shall at any time be filed against the Premises as a result of any alterations, additions, improvements, repairs or installations performed by or on behalf of Tenant, and Tenant shall fail to remove the lien by satisfaction or bonding over within 30 days thereafter, it shall constitute a breach of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)
Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the load-bearing elements of the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord, which consent may be withheld in the sole and absolute discretion of Landlord, whether or not reasonably exercised. Tenant must obtain prior written consent for nonstructural alterations, additions or improvements, but such consent shall not be unreasonably withheld, conditioned withheld or delayeddelayed by Landlord. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right to erect or install shelves, bins, machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations. At the expiration or termination of this Lease, Tenant shall, subject to the restrictions of Section 7.5 below, have the right to remove such items so installed by it, provided Tenant is not in default at the time of such removal and provided further that Tenant shall, at the time of removal of such items, repair in a good and workmanlike manner any damage caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without Demised Premises and shall not permit a mechanic's or materialman's lien to be filed against the Demised Premises. Upon request by Landlord’s prior written approval. , Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All such alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.
Appears in 1 contract
Sources: Commercial Industrial Sublease Agreement (Ilex Oncology Inc)
Alterations, Additions, and Improvements. (a) Tenant may make any non-structural alterations, additions or improvements to the Property without Landlord's prior written consent, but shall provide at least ten (10) days' prior written notice to Landlord if the construction of such alterations, additions or improvements are expected to cost in excess of One Hundred Thousand Dollars ($100,000). Tenant shall not make any structural alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other promptly remove any structural alterations, additions or improvements to the Building without constructed in violation of this Section 6.05
(a) upon Landlord’s prior 's written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Termrequest. All alterations, additions additions, and improvements permitted under this paragraph will be accomplished in a good and workmanlike manner and in conformity with all applicable laws and regulations. Upon completion of any such structural work or consented other work requiring prior notice to in writing by Landlord are referred to as “Permitted Alterations”. All alterationsLandlord, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with "as-built" plans, copies of specifications, and proof of payment of all contractors, subcontractors and materialmen.
(b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property by ▇▇▇▇▇▇. Tenant shall give Landlord at least ten (10) days prior written notice of the commencement of any work of improvement on the Property. Landlord may elect to record and post notices of non-responsibility on the Property.
(c) If Tenant makes any alterations, additions, or improvements to the Property for which Tenant cannot directly obtain insurance coverage for use in casualty thereto, Tenant may request Landlord to obtain, at Tenant's cost, an endorsement to the Premisespolicy of hazard insurance required to be carried pursuant to Section 4.04(b) hereof including all such alterations, which claims are additions, or may be secured by any mechanics’ or materialmen’s lien against improvements under such policy with Tenant designated as the Premises or any interest thereinloss-payee under all such endorsements.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall will not make or allow to be made any alterations, additions Alterations in or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the prior written consent of Landlord, which consent shall may be granted or withheld by Landlord, in Landlord’s sole and absolute discretion, provided, however, if Tenant is not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithdefault under this Lease, Tenant shall have the right at right, subject to Tenant’s compliance with all times of the other provisions of this Section 9, to make all other alterations, additions or improvements non-structural Alterations to the Building Premises without first obtaining Landlord’s consent in an aggregate amount not to exceed $50,000.00 in any twelve (12) month period. Alterations to the Premises shall be done by Landlord or by contractors approved in writing by Landlord, at Tenant’s sole cost and expense. If Landlord approves Tenant’s proposed Alterations, or if such proposed Alterations are not subject to Landlord’s consent, and Landlord agrees to permit Tenant’s contractor to do the work, Tenant shall require contractor, and all subcontractors employed by the contractor, to carry worker’s compensation insurance (as required under the ▇▇▇▇▇▇▇’▇ Compensation Act of Colorado) and commercial general liability insurance, issued by such companies as Landlord may approve and in such amounts as Landlord may reasonably require, naming Landlord and any other parties designated by Landlord, as additional insured. Tenant shall provide certificates of insurance, evidencing satisfaction of the insurance requirements, prior to the commencement of such work. All Alterations, (whether or not such Alterations are subject to Landlord’s prior written approvalconsent),must conform to all requirements of all governmental entities having jurisdiction. Tenant’s contractor shall obtain all applicable building and occupancy permits required by law. Landlord shall have the right, at Tenant’s expense, to have Tenant’s contractor’s work inspected by architects and engineers. At any time Tenant either desires to, or is required to, make repairs or Alterations in accordance with this Lease, Landlord may, in addition to its other options, require Tenant, at Tenant’s sole cost and expense, to obtain and provide to Landlord a lien and completion bond (or such other applicable bond as reasonably determined by Landlord) in an amount equal to one and one-half times the estimated cost of such improvements to insure Landlord against risk and liability, including but not limited to liability for mechanics and materialman’s lien, and to insure the completion of the work. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work. Tenant further agrees that plans and drawings for installation or revision of mechanical, electrical or plumbing systems shall not be required designed by an engineer approved by Landlord, and bear an engineer’s seal, such design work to restore be done at Tenant’s expense. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to remove or alter any alterations restrooms in the Premises. All Alterations and systems installed in or additions permitted under this paragraph attached to the Premises or remove improvements by Tenant shall, at the end option of Landlord, upon the expiration or earlier termination of the Term. All alterationsLease, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached belong to and made part of the Premises shall become the property of Landlord at without any payment from Landlord and if such option is exercised, shall be surrendered by Tenant in good order and condition as part of the Premises upon the expiration or sooner termination of the TermLease term. Tenant shall not use or penetrate the roof of the Building for any purpose whatsoever without the prior written consent of Landlord, except for signswhich consent may be granted or withheld by Landlord, trade fixturesin Landlord’s sole and absolute discretion. All Alterations (whether or not such Alterations are subject to Landlord’s prior consent) shall be performed by Tenant in a good and workmanlike manner, furnishings, machinery and equipment used in or on compliance with all Requirements. Tenant shall keep the Premises and furnished the Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted)Tenant. For federal income tax purposes, Tenant’s signs, trade fixtures obligations regarding liens shall be satisfied if during any period that a lien is disputed Tenant provides a bond (or other similar security) sufficient for the satisfaction of the lien together with costs and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereininterest.
Appears in 1 contract
Sources: Lease Agreement (Gaia, Inc.)
Alterations, Additions, and Improvements. Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the Premises or placement of any signs in the Premises which affect are visible from outside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesPremises (collectively, in each case “Tenant Work”), without first obtaining the prior written consent of Landlord which may be withheld in Landlord, which consent shall not be unreasonably withheld, conditioned or delayed’s sole discretion. Notwithstanding the aboveforegoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) does not adversely affect the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or other base Building improvements or systems, (ii) is not visible from the exterior of the Premises or the Building, (iii) does not affect the exterior of the Building or any public areas of the Project, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and provided Tenant complies (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all Legal Requirements in connection therewithcontractors, Tenant subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall have the right at all times be subject to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. If requested by Landlord, Tenant shall not be required to restore execute a Work Letter Agreement for any alterations or additions permitted under this paragraph to such Tenant Work substantially in the Premises or remove improvements at the end form attached hereto as Exhibit D. Tenant shall pay Landlord ten percent (10%) of the Term. All alterations, additions cost and improvements permitted under this paragraph or consented to in writing expenses of any Tenant Work whether undertaken by Landlord or Tenant as a construction oversight fee and for administrative cost recovery, provided, however, that such fee shall not apply to construction of any Initial Improvements. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the reasonable and actual cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are referred to as “Permitted Alterations”. All alterationscomplete or suitable for their intended purpose, additions or improvements made (ii) comply with Applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which are permanently attached to may arise out of such work, plans and made part of the Premises specifications, and permits for such Tenant Work. Any and all Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the termination or expiration of the Termthis Lease for any reason, except for signs, trade fixtures, furnishings, machinery and equipment used in unless Landlord shall require removal or on the Premises and furnished restoration by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work. If any liens are filed, Tenant shall cause the same to be released within ten (10) business days after filing by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in material compliance with, Section 20. ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items.
Appears in 1 contract
Sources: Lease Agreement (Hyperdynamics Corp)
Alterations, Additions, and Improvements. Tenant shall not make any 6.2.1 All alterations, additions or improvements which affect additions, and Improvements to the structure Leased Premises shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations. The initial Improvements constructed and developed on the Leased Premises shall be in accordance with the Approved Architectural Drawings and the terms and provisions of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the Development Agreement. Landlord’s prior written consent of Landlord, which (such consent shall not to be unreasonably withheld, conditioned or delayed. Notwithstanding ) will be required for all exterior or structural improvements or modifications to the aboveImprovements (a) not necessitated by repairs, and provided Tenant complies with all Legal Requirements alterations or maintenance required by laws applicable to the Improvements constructed on the Leased Premises; (b) not otherwise authorized by Landlord in connection therewithwith retail tenant upfitting improvements, or (c) not otherwise authorized by the Municipality in connection with the removal of a common wall between two residential condominium units to the extent allowed by the North Carolina Condominium Act.
6.2.2 Tenant shall pay when due all claims for labor and material furnished on or about the Leased Premises or in connection with the Improvements.
6.2.3 Tenant shall have the right at all times no power to do any act or to make all any contract that may create or be the foundation for any lien, mortgage, or other alterations, additions encumbrance on the reversion or improvements other estate of Landlord or that would be prior to any interest of Landlord in the Building without Landlord’s prior written approvalLeased Premises. Tenant shall not be required suffer or permit any liens to restore any alterations or additions permitted under this paragraph attach to the Premises interest of Tenant in all or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made any part of the Premises shall become the property Property by reason of Landlord at the expiration of the Termany work, except for signslabor, trade fixturesservices, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished done for, or alleged supplied to, or claimed to have been done for or supplied to Tenant or anyone occupying or holding an interest in all or any part of the Improvements on the Property through or under Tenant. If any mechanic’s, construction or other liens or orders for the payment of money shall be filed against the Property or any improvements thereon by reason of, or arising out of any labor or material furnished to to, or for Tenant at the Property or for use in or by reason of any change, alteration or addition, by Tenant, or the Premisescost or expense thereof, or any contract relating thereto, or against Landlord as leased fee owner thereof by reason of Tenant’s work or contract relating thereto, then within thirty (30) days, Tenant shall cause the same to be canceled and discharged of record, by bond or otherwise, at the election and expense of Tenant, and shall also defend on behalf of Landlord, at ▇▇▇▇▇▇’s sole cost and expense, any action, suit or proceeding which claims are or may be secured by brought thereon or for the enforcement of such lien, liens or orders, and Tenant will pay any mechanicsdamages and discharge any judgment entered therein and hold Landlord harmless from any loss, claim or damage resulting therefrom, including reasonable attorneys’ or materialmen’s lien against the Premises or any interest thereinfees.
Appears in 1 contract
Sources: Ground Lease
Alterations, Additions, and Improvements. (a) Tenant shall not will have the right to remodel and make any alterations, additions additions, or improvements which affect (collectively, “Improvements”) in or to the structure Property, including but not limited to
(i) installation of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesa security system meeting Tenant’s requirements and (ii) Improvements consistent with Tenant’s prototype improvements for its business operations and/or branding, in each case without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant will not remodel or make any Improvements to the Property that will expand or decrease the “footprint” of the Building or otherwise modify the load-bearing structural components of the Building (other than as expressly permitted elsewhere in this Lease) without Landlord’s prior written consent, which consent shall will not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding the above.
(b) All Improvements by Tenant must be made in a good and workmanlike manger using all new materials and in compliance with all laws, ordinances, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have governmental regulations affecting the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approvalProperty. Tenant shall not be required is responsible, at Tenant’s expense for all permits and inspections relating to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. such Improvements.
(c) All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements Improvements made by Tenant which are permanently attached to and made part of the Premises shall ▇▇▇▇▇▇ will at once become the property of Landlord at and will be surrendered to Landlord upon the termination or expiration of this Lease; provided however that in the Termevent Tenant intends to make Improvements that it does not intend to surrender upon termination or expiration of this Lease, except for signsTenant has the right to notify Landlord of such decision prior to making the Improvements. In such event, trade fixturesTenant may, furnishingsat its option, machinery and equipment used in or on the Premises and furnished by remove such Improvements upon termination of this Lease, provided, that Tenant which Tenant may removewill make reasonable repairs, provided Tenant repairs any damage at Tenant’s expense, to the Premises Property for any physical injury caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured Property by any mechanics’ or materialmen’s lien against the Premises or any interest thereinremoval of such Improvements.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions or improvements which affect shall be made by Tenant to the structure of the Building or which decrease the square footage of the Building or which reduce the value of building and improvements on the Premises, nor to any air conditioning system, heating system, plumbing system, electrical system, nor shall antennas or fixtures be installed in each case or on the building or improvements to the Premises, without the prior written consent of Landlord, which consent shall not may be unreasonably withheldgranted or withheld by Landlord, conditioned or delayed. Notwithstanding the above, in Landlord's sole and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”absolute discretion. All alterations, additions or improvements made and systems installed in or attached to the Premises by Tenant which are permanently attached shall, at the option of Landlord, upon the expiration or earlier termination of the Lease, belong to and made part of the Premises shall become the property of Landlord at without any payment from Landlord and if such option is exercised, shall be surrendered by Tenant in good order and condition as part of the Premises upon the expiration or sooner termination of the Lease term. At Landlord's request, Tenant shall restore the Premises to the condition it was in prior to Tenant's occupancy, such restoration to be completed on or before the expiration of the TermLease term, except for signs, trade fixtures, furnishings, machinery and equipment used in at Tenant's own expense. Tenant shall not use or penetrate the roof of the building on the Premises for any purpose whatsoever without the prior written consent of Landlord, which consent may be granted or withheld by Landlord, in Landlord's sole and furnished absolute discretion. All alterations, additions or improvements consented to by Landlord shall be performed by Tenant which Tenant may removein a good and workmanlike manner, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, in compliance with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinRequirements.
Appears in 1 contract
Sources: Stock Purchase Agreement (Ift Corp)
Alterations, Additions, and Improvements. Tenant Tenants shall not make or allow to be made any alterations, additions additions, or improvements which affect in or to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the prior written consent of Landlord, which ; such consent shall will not be unreasonably withheld, conditioned but Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or delayed. Notwithstanding desirable, including without limiting the abovegenerality of the foregoing, requirements as to the manner in which, the time or times at which, and provided the contractor by whom such work shall be done. Such alterations, additions, or improvements when made to the Premises by Tenant complies shall be surrendered to Landlord and become the property of Landlord upon termination in any manner of this Lease, but this clause shall not apply to movable non-attached fixtures or furniture of Tenant, provided, however, if prior to termination of this Lease, or within thirty (30) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove such alterations, additions, or improvements, which were placed in or on the Premises by Tenant and which are designated in said notice and shall repair any damage occasioned by such removal and in default thereof Landlord may affect said removals and repairs at Tenant's expense. All work with respect to alterations, additions, and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the improvements on the Premises shall at all Legal Requirements times be a complete unit except during the period of work. Any such alterations, additions and improvements shall be performed and done strictly in connection therewithaccordance with the laws and ordinances relating thereto, and with the requirements of all carriers of insurance on the Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. Tenant shall obtain at its sole cost and expense all required licenses and permits. In performing the work of any such alterations, additions or improvements, Tenant shall have the work performed in such a manner so as not to obstruct the access to or within the Building of any other tenant. Before commanding any such work or construction in or about the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall have the right at all times any time and from time to make all other alterations, additions or improvements time to post and maintain on the Building without Landlord’s prior written approval. Tenant shall not be required Premises such notices as Landlord deems necessary to restore any alterations or additions permitted under this paragraph to protect the Premises or remove improvements at the end Project, and Landlord from the liens of mechanic, laborers, materialman, suppliers or vendors. If any liens are filed against Landlord or any part the Term. All alterationsProject as a result of Tenant's work, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor cause same to be discharged by payment or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s bonding within ten (10) days after such lien against the Premises or any interest therein.is filed. LEGAL AND VIOLATIONS OF INSURANCE COVERAGE
Appears in 1 contract
Sources: Lease Agreement (Medibuy Com Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, physical additions or improvements in or to the Leased Premises, or place signs on or in the Leased Premises which are visible from outside the Leased Premises, without first obtaining the prior written consent of Landlord (which consent may be withheld in Landlord’s sole discretion). Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to alterations, physical additions or changes to the Leased Premises that do not adversely affect the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or other base Building improvements or systems, provided such additions or changes (i) are not visible from the exterior of the Leased Premises or the Building, (ii) do not affect the exterior of the Building, the structure of the Building or any public areas of the Project, (iii) do not violate any provision of this Lease, (iv) do not violate any Legal Requirements, and (v) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are 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, plans and specifications, and permits for such work. Tenant’s plans and specifications and construction means and methods shall be subject to Landlord’s written approval. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand.
(b) The work necessary to make any permitted alterations, improvements, or additions to the Leased Premises shall be done at Tenant’s expense by contractors approved in writing by Landlord (each such contractor hereinafter referred to as an “Outside Contractor”) or, at Landlord’s election, by Landlord (without cost or expense to Landlord). If Landlord performs any such work, upon completion of such work Tenant shall pay Land lord a fee for Landlord’s supervision and administration of such work equal to fifteen percent (15%) of the cost of such work. All work performed by an Outside Contractor shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements, Landlord’s requirements, with the provisions of this Section 5.5 and all applicable Project Rules and the construction rules and regulations attached hereto as Exhibit C-2. Tenant shall give Landlord at least ten (10) days prior written notice before the commencement of any work pursuant to this Section 5.5. Additionally, it shall be Tenant’s responsibility to ensure that the Outside Contractor shall (i) conduct its work in such a manner so as not to unreasonably interfere with any other construction occurring on or in the Project or with the transaction of business in the Project; (ii) comply with such reasonable rules and regulations applicable to all work being performed in the Project as may be promulgated from time to time by Landlord; (iii) maintain such insurance and bonds in full force and effect as may be reasonably requested by Landlord or as required by Legal Requirements; and (iv) be responsible for reaching agreement with Landlord as to the terms and conditions for all contractor items relating to conducting its work. As a condition precedent to Landlord’s approving the Outside Contractor pursuant hereto, Tenant and the Outside Contractor shall deliver to Landlord such assurances or instruments as Landlord may reasonably require to evidence the Outside Contractor’s compliance or agreement to comply with the provisions of clauses (i), (ii), (iii), and (iv) of this subsection (b). Landlord retains the right to make periodic inspections to assure conformity of the work of the Outside Contractor with the aforementioned rules and regulations and with the plans and specifications approved by Landlord. Within thirty (30) days after substantial completion of any work by Tenant, Tenant, at Tenant’s cost and expense, shall furnish Landlord “as-built” drawings of such work and shall cause the architect(s) and/or engineer(s) that performed in connection with the work to prepare a report, in form and substance acceptable to Landlord, for the benefit of Landlord, certifying to the compliance of the work constructed by any Outside Contractor with the plans and specifications approved by Landlord. Each Outside Contractor shall not perform and, upon the request of Landlord, whether written or oral, each Outside Contractor shall cease to perform, any activity that is disruptive to the conduct of business within the Project or other tenants or occupants of the Project.
(c) Any and all such alterations, physical additions or improvements, when made to the Leased Premises by Tenant or on Tenant’s behalf, shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant fails to remove such movables upon termination of this Lease, Landlord may have the same removed and any resulting damage repaired at Tenant’s expense. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant.
(d) Tenant shall not allow any liens to be filed against the Leased Premises or the Project in connection with the installation of Tenant’s improvements in, or any repair or alteration work to, the Leased Premises performed by Tenant or an Outside Contractor. If any such liens shall be filed, Tenant shall cause the same to be released within five (5) days after the filing thereof by bonding or other method acceptable to Landlord. If Tenant shall fail to timely cancel or discharge said lien or liens as required above, Landlord, at its sole option, may cancel or discharge the same and Tenant shall pay to Landlord upon demand, Landlord’s cost thereof plus a charge equal to fifteen percent (15%) of such costs for administrative cost recovery. Upon completion of any such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for, labor, services, or material. Tenant shall indemnify and hold harmless Landlord from all losses, costs, damages, claims and expenses (including attorneys’ fees and costs of suits), liabilities or causes of action arising out of or relating to any alterations, additions or improvements which affect that Tenant or any Outside Contractor makes to the structure Leased Premises, including any occasioned by the filing of any mechanic’s, materialman’s, construction or other liens or claims (and all costs or expenses associated therewith) asserted, filed or arising out of any such work. All materialmen, contractors, artisans, mechanics, laborers and other parties hereafter contracting with Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Building or which decrease the square footage Leased Premises are hereby charged with notice that they must look solely to Tenant for payment of the Building or which reduce the value of the Premisessame and Tenant’s purchase orders, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, contracts and provided Tenant complies with all Legal Requirements subcontracts in connection therewith, Tenant therewith must clearly state this requirement. Landlord shall have the right at all times to make post and keep posted on the Leased Premises any notices permitted or required by Legal Requirements, or that Landlord shall deem proper for the protection of Landlord, the Leased Premises, the Project and any other party having an interest therein, from liens. Without limiting the generality of the foregoing, Tenant shall repair or cause to be repaired at its expense all damage caused by any Outside Contractor, its subcontractors or their employees. Tenant shall reimburse Landlord for any costs incurred by Landlord to repair any damage caused by any Outside Contractor or any costs incurred by Landlord in requiring any Outside Contractor’s compliance with the rules and regulations. Additionally, Tenant shall reimburse Landlord for the reasonable costs Landlord may incur to have an engineer review all mechanical, structural, electrical, plumbing and life safety systems installed by any Outside Contractor.
(e) Tenant agrees specifically that no food, soft drink or other alterations, additions or improvements to vending machine will be installed within the Building Leased Premises without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall not make any LESSEE may erect such alterations, additions or additions, and improvements which affect inside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without premises as it desires only upon receiving the prior written consent of LandlordLESSOR, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All Minor alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”will not require the prior written consent of LESSOR. All such alterations, additions additions, or improvements made by Tenant shall be performed in a workmanlike manner and shall not weaken or impair the structural strength or lessen the value of the building and the premises, or change the purposes for which are permanently the building, or any part thereof, may be used. Any such alterations, additions, or improvements shall be erected at the sole cost and expense of LESSEE, and LESSEE shall have no right, authority, or power to bind LESSOR or any interest of LESSOR in the Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith. LESSEE shall in no way be considered the agent of LESSOR in the erection, construction, operation and maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the LESSEE and made Lessor. "Trade fixtures" put in at the expense of LESSEE, shall remain upon and be surrendered with the premises as a part thereof, at any termination of the Premises this lease, for any cause, and shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in LESSOR. LESSEE shall not allow any mechanic or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage materialmen liens to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Leased Premises or any interest thereinpart thereof for work performed by or on behalf of LESSEE. If any such lien is filed, LESSEE shall immediately cause such lien to be released by posting an appropriate bond or paying the claim that is the basis for the lien. LESSEE is leasing the Leased Premises in an as is condition except for the improvements to be constructed by LESSOR (at LESSOR'S sole expense) listed in EXHIBIT "C" attached to this lease.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned except for non-structural alterations which do not exceed Five Thousand Dollars ($5,000) in cost or delayedwhich does not materially alter the basic character of the Property or Project, weaken any structure on the Property, or reduce the value of the Property or Project and which are not visible from the outside of any building of which the Property is part. Notwithstanding Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Landlord may, at any time during the aboveLease Term, require Tenant to promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.05
(a) All alterations, additions, and provided Tenant complies improvements shall be done in a good and workmanlike manner, in conformity with all Legal Requirements in connection therewithapplicable laws and regulations, and by a contractor selected by Tenant subject to Landlord's reasonable approval. Upon completion of any such work, Tenant shall have the right at provide Landlord with "as built" plans, copies of all times to make construction contracts, and proof of payment for all other alterations, additions or improvements to the Building without Landlord’s prior written approval. labor and materials.
(b) Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property. Tenant shall give Landlord prior written notice of the commencement of any work on the Property, regardless of whether Landlord's consent to such work is required. Landlord may ele▇▇ ▇▇ ▇▇cord and post notices of non-responsibility on the Property. If Tenant shall, in good faith, contest the validity of any mechanics' or for materialmens' liens against the Property, then Tenant for use in shall, at its sole expense, defend itself and Landlord against the Premises, which claims are or same and shall pay and satisfy any adverse judgment that may be secured by any mechanics’ rendered thereon before the enforcement thereof against Landlord or materialmen’s the Property or the Project, upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand indemnifying Landlord against liability for the Premises same and holding the Property and the Project free from the effect of such lien or any interest thereinclaim. In addition, Landlord may require Tenant to pay Landlord's attorneys' fees and costs incurred in participating in such action.
Appears in 1 contract
Sources: Lease Agreement (Iomega Corp)
Alterations, Additions, and Improvements. Tenant shall Lessee covenants and agrees not to permit the Premises to be used for any purpose other than that stated in Paragraph 9(a) hereof, or make or allow to be made any alterations, alterations or physical additions in or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of to the Premises, or place any signs other than exterior building and monument signage as stated in each case Paragraph 10(g) on the Premises which are visible from outside the Premises, or place any safes or vaults (whether movable or not) upon or in the Premises, without the prior written consent of Landlord, which consent Lessor. Lessee shall not allow any liens to be unreasonably withheldfiled against the property and shall promptly release any such liens filed against the property. Except as provided herein, conditioned any and all such alterations, physical additions or delayedimprovements made to the Premises by ▇▇▇▇▇▇ shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; however, this clause shall not apply to movable equipment, fixtures or furniture owned by Lessee, provided no damage is caused by the removal thereof to the foundation, roof or exterior walls of the existing improvements. Notwithstanding If not in default at the abovetermination of this Lease, Lessee may remove and provided Tenant complies with retain as ▇▇▇▇▇▇’s property all Legal Requirements in connection therewithsuch fixtures, Tenant equipment, decoration, furniture or other such items installed by Lessee. Any damage occasioned and caused by the installation or removal of such fixtures and equipment shall be repaired at Lessee’s expense. Upon written request by Lessor, Lessee shall remove all such furniture and equipment and data cabling and repair the damage caused by the removal of same. In the event Lessee does not remove such fixtures and equipment and other installed items. Lessor shall have the right at all times to make all other alterations, additions or improvements remove same and to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs repair any damage caused by such removal, and Lessee shall be obligated to pay the Premises caused thereby (reasonable cost of such removal and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinrepair.
Appears in 1 contract
Sources: Lease Agreement (Bankrate, Inc.)
Alterations, Additions, and Improvements. 9.1. All of Tenant's fixtures and non-movable office furniture and equipment attached to the bull ding shall remain the property of the Landlord at the expiration of the lease term, and Tenant shall promptly repair all damage caused by removal of any property by Tenant. All property on the Leased Premises in the nature of trade fixtures and any alteration or addition to the Leased Premises (including but not make limited to wall-to-wall carpeting, drywall partitions, paneling or other wall covering) and any alterationsother article attached or affixed to the floor, additions wall or improvements which affect the structure ceiling of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Leased Premises shall become the property of Landlord and shall be surrendered with the Leased Premises as part thereof at the termination of this Lease, without payment or compensation therefor. If, however, Landlord so requests in writing, Tenant will, prior to vacating the premises upon the termination or expiration of the Termthis Lease, except for signsremove any or all alterations, trade additions, fixtures, furnishings, machinery equipment and equipment used property placed or installed by it in the Leased Premises and will repair any damage caused by such removal. Any property of Tenant not removed within five (5) days after expiration or other termination of this Lease shall be deemed the property of Landlord and Landlord shall have no duty of any nature to Tenant with respect to any such property remaining on the Leased Premises and furnished by regardless of the value, use, importance, type, quality or quantity of the property and/or its importance to Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentor anyone else.
9.2. Tenant shall pay, when due, all claims for labor not have the right to make any alterations or materials furnished or alleged improvements to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Leased Premises or any interest thereinpart thereof. However, Landlord shall agree to alterations if each of the following conditions are met:
(a) All plans and specifications for the proposed alteration or improvement must be submitted to the Landlord for his prior written approval. [ILLEGIBLE] --------------- LN [ILLEGIBLE] --------------- TN
(b) All such alterations or improvements shall be performed by Landlord at Tenant's expense in accordance with a separate agreement or at Landlord's discretion any such improvements or alterations by Tenant shall be done at Tenant's expense, by a licensed contractor approved by Landlord. If requested by Landlord, Tenant will post a bond or other security reasonably satisfactory to Landlord to protect Landlord against liens arising from work performed by Tenant.
(c) No alteration or improvement shall be undertaken until Tenant shall have procured all permits, licenses and other authorizations, if any, required for the lawful and proper undertaking thereof. Landlord agrees to join in the application for such permission or authorization whenever such action is necessary.
(d) Landlord will complete the Leased Premises substantially in accordance with the plans and specifications to be approved by both Tenant and Landlord. In the event the cost of improvements or finishing Leased Premises exceeds the Landlord's allowance for same, the cost in excess of such allowance will be paid in advance by the Tenant, the amount of such advance payment to be determined on the basis of Landlord's estimate of the total cost of finishing the Leased Premises, such estimates to be based on the aforementioned plans and specifications. Cost will include but not be limited to direct and indirect construction cost, permit fees, architectural fees, applicable insurance premiums, and any other cost directly attributable to finishing the Leased Premises. Any advance payment received by Landlord from Tenant in excess of Tenant's portion of the cost of finishing the Leased Premises will be refunded to Tenant by Landlord after a final accounting of the total cost of said Leased Premises is completed by Landlord, but in any event, not later than ninety (90) days after occupancy of the Leased Premises by Tenant.
(e) Landlord makes no representations or warranties as to the sufficiency of the plans and specifications to meet the requirements of Tenant's business. Prior to or during Landlord's construction activities, the parties may agree upon changes in the plans and specifications. If any change in the plans or specifications increases the cost of work or materials or the time required for completion of construction, Tenant shall reimburse Landlord for such increase in cost at the time the increased cost is incurred and shall reimburse Landlord for any loss in rent at the time the rent would have become due.
(f) Landlord shall not be responsible for any loss for Tenant improvements at any time.
(g) Tenant, its employees, contractors, agent and invitees shall not have any claim against Landlord for any bodily injury or property damage arising during or from construction activities.
(h) All alterations and improvements when completed shall be of such a nature as not to reduce or otherwise adversely affect the value of the Leased Premises, nor to diminish the general utility or change the general character thereof. [ILLEGIBLE] --------------- LN [ILLEGIBLE] --------------- TN
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or (a) In addition to the improvements which affect presently on the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Demised Premises, in each case without the prior Tenant may, at Tenant’s option, subject to Landlord’s written consent of Landlordpermission, which consent shall not be unreasonably withheld, conditioned at any time during the Term, alter or delayedimprove the Demised Premises. Notwithstanding Such alterations or improvements shall be at the above, sole cost and provided Tenant complies with all Legal Requirements in connection therewith, expense of Tenant. Tenant shall have the right right, subject to the written approval of Landlord and any and all governmental bodies, to erect and maintain, at its own expense, electric and ordinary signs (both flat and extension) on the buildings and elsewhere on the Demised Premises and to equip, fixture, stock and maintain and alter the arrangements of fixtures, equipment, stock and displays in the interior of the Demised Premises provided that Tenant shall at all times to make comply with all other alterations, additions or improvements to the Building without Landlord’s prior written approvallaws and regulations applicable thereto. Tenant shall not do or suffer anything to be required to restore any alterations or additions permitted under this paragraph to done whereby the Demised Premises or remove improvements at any part thereof may be encumbered by any materialmen’s, mechanics’, contractors’ or other liens, and shall, whenever and as any such lien is filed against the end of the Term. All alterations, additions and improvements permitted under this paragraph Demised Premises or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made any part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims thereof for labor or materials furnished or alleged to have been be furnished to Tenant, discharge the same of record within thirty (30) days after the date of filing.
(b) If Tenant fails to discharge any such mechanics lien within such period, then, in addition to any other right or for Tenant for use remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by payment of the amount claimed or by procuring discharge of such lien by deposit in the Premises, which claims are court or giving of security or in such other manner as may be secured prescribed by any mechanics’ or materialmen’s lien against the Premises or any interest thereinlaw.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall not make any LESSEE may erect such alterations, additions or additions, and improvements which affect inside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without premises as it desires only upon receiving the prior written consent of LandlordLESSOR, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All Minor alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”will not require the prior written consent of LESSOR. All such alterations, additions additions, or improvements made by Tenant shall be performed in a workmanlike manner and shall not weaken or impair the structural strength or lessen the value of the building and the premises, or change the purposes for which are permanently the building, or any part thereof, may be used, any such alterations, additions, or improvements shall be erected at the sole cost and expense of LESSEE, and LESSEE shall have no right, authority, or power to bind LESSOR or any interest of LESSOR in the Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith, and LESSEE shall in no way be considered the agent of LESSOR in the erection, construction, operation and maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the LESSEE and made LESSOR except "trade fixtures" put in at this expense of LESSEE, shall remain upon and be surrendered with the premises as a part thereof, at any termination of the Premises lease, for any cause, and shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in LESSOR. LESSEE shall not allow any mechanic or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage materialman liens to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Leased Premises or any interest thereinpart thereof for work performed by or on behalf of, LESSEE. If any such lien is filed, LESSEE shall immediately cause such lien to be released by posting an appropriate bond or paying the claim which is the basis for the lien. LESSEE is leasing the demised premises in an as is condition except for the improvements to be constructed by LESSOR listed in EXHIBIT "C" attached to this lease and LESSOR'S representations set forth in subsection 3 (c) hereof.
Appears in 1 contract
Sources: Sublease (Sportsmans Guide Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord's prior written consent. Landlord reserves the right at the expiration or earlier termination of the Lease Term to require that any alterations, additions or improvements which affect the structure of the Building constructed by or which decrease the square footage of the Building for Tenant and with or which reduce the value of the Premiseswithout Landlord’s consent be removed, in each case without the prior which event Tenant shall promptly remove any such alterations, additions, or improvements upon Landlord's written consent of request and repair any damage caused by such removal. All alterations, additions, and improvements shall be done pursuant to plans approved in writing by Landlord in advance, in a good and workmanlike manner, using only new materials, in conformity with all Applicable Laws and by a licensed California contractor approved by Landlord, which consent approval shall not be unreasonably withheldwithheld and such contractor shall maintain liability, conditioned or delayedworkmen’s compensation and other insurance in amounts as may be reasonably required and approved by Landlord. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right be responsible, at Tenant’s sole cost and expense, for obtaining any and all times to make all other permits and approvals required for any alterations, additions or improvements to the Building without Landlord’s prior written approvalbe performed by Tenant and shall deliver a copy of same to Landlord upon receipt by Tenant. Upon completion of any such work, Tenant shall not be required to restore any alterations or additions permitted under this paragraph provide Landlord with proof of payment for all labor and materials and copies of all construction contracts, and to the Premises or remove extent available, “as built” plans. If so requested by Landlord, Tenant agrees to prepare a Notice of Completion, in statutory form, for filing by Landlord, promptly after completion of any such improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby Tenant.
(reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Premises. Tenant for use in shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Premises, which claims are or regardless of whether Landlord’s consent to such work is required. Prior to the commencement of any work, Tenant shall provide Landlord with a fully executed original of the Contractor’s Indemnity from Tenant’s contractors, in the form attached hereto as Exhibit C and made a part hereof. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility at the Premises or any interest thereinPremises.
Appears in 1 contract
Sources: Lease Agreement (iPower Inc.)
Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, Consent for structural and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other non-structural alterations, additions or improvements shall not be unreasonably withheld by Landlord. Landlord hereby agrees that Tenant may alter the office area of the Demised Premises at Tenant's expense in such manner as Tenant shall require ("Tenant Improvements ) Notwithstanding anything to the Building without Landlord’s prior written approvalcontrary contained herein. Tenant shall not be required obligated to remove the Tenant Improvements or restore any alterations the office area to its previous condition upon termination of this Lease. Tenant may erect or additions permitted under install trade fixtures, shelves, bins, machinery, heating, ventilating and air conditioning equipment, and provided that Tenant complies with all applicable governmental laws ordinances, codes, and regulations. At the expiration or termination of this paragraph lease Tenant shall subject to the Premises or restrictions of Section 7.05 below have the right to remove improvements items installed by Tenant, provided Tenant is not in default at the end time of the Termremoval and provided further that Tenant shall at the time of removal of the items, repair in a good and workmanlike manner any damage caused by the installation or removal. All alterations, additions and improvements permitted under this paragraph Tenant shall pay for all costs incurred or consented to in writing by Landlord are referred to as “Permitted Alterations”. All arising out of alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on to the Demised Premises and furnished shall not permit any mechanics or materialmans lien to be filed against the Demised Premises or the Property. Upon request by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Landlord Tenant shall paydeliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, when due, all claims for labor additions or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.
Appears in 1 contract
Sources: Commercial Lease Agreement (Performance Printing Corp)
Alterations, Additions, and Improvements. 5.4.1 Tenant shall not make any alterationsnot, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore consent, make any alterations alterations, improvements, or additions permitted under this paragraph in, on, or about the Premises. As a condition to the Premises or giving such consent, Landlord may require that Tenant remove improvements at the end of the Term. All any such alterations, additions and improvements permitted under this paragraph improvements, additions, or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord utility installations at the expiration of the Term, except for signsand to restore the Premises to their prior condition.
5.4.2 Before commencing any work relating to alterations, trade fixturesadditions, furnishingsand improvements affecting the Premises, machinery Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and equipment used in or from time to time to post and maintain on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage such notices as Landlord reasonably deems necessary to protect the Premises caused thereby (reasonable and ordinary wear and tear excepted)Landlord from mechanics’ liens, materialmen’s liens, or any other liens. For federal income tax purposesIn any event, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by . Tenant shall not permit any mechanics’ or materialmen’s lien liens to be levied against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant’s agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant.
5.4.3 Unless Landlord requires their removal, as set forth in Article 5.4.1, all alterations, improvements, or additions which may be made on the Premises shall become the property of Landlord and remain upon and surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this Article 5.4.3, Tenant’s machinery, equipment, and other trade fixtures other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the Property of Tenant and may be removed by Tenant subject to the provisions of Article 5.2.
5.4.4 All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all applicable laws, regulations, and governmental requirements, and the requirements of any contract or deed of trust to which the Landlord may be party. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security reasonably satisfactory to Landlord against any such loss, liability or damage.
5.4.5 Tenant agrees that all venting, opening, sealing, waterproofing or any interest thereinaltering of the roof of the Premises shall be performed by Landlord’s roofing contractor, or other contractor approved in advance of such work by Landlord.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant Lessee shall not make or allow to be made any alterations, alterations or physical additions in or improvements which affect to the structure of Premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, conditioned withheld or delayed, except that Lessee shall not be required to obtain Lessor's consent for alterations or additions to the Premises the cost of which do not exceed $10,000.00 in the aggregate, provided such alterations or additions do not affect the structural integrity of the Building or the mechanical systems thereof. Notwithstanding Lessor shall not be liable as a result of any such consent for completeness, design sufficiency, or compliance with any law, ordinance, order, rule, or regulation and Lessee shall indemnify, defend and hold Lessor harmless from all claims, demands, damages, causes of action or litigation, arising out of or resulting from such consent. Prior to performing any alterations or additions with the aboverequest for consent, Lessee must submit to Lessor detailed plans and specifications for the proposed alterations or physical additions. Any and all alterations, additions or improvements, other than that portion of the initial tenant improvements which are to be provided Tenant complies with all Legal Requirements in connection therewithby Lessor pursuant to the terms of Exhibit "B" hereto, Tenant shall have the right be made at all times to make all other Lessee's sole expense. All such alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterationsshall, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterationsupon completion, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at Lessor and shall be surrendered to Lessor upon the expiration termination of the Termthis Lease by lapse of time or otherwise; provided, except for signshowever this clause shall not apply to removable equipment, trade fixtures, furnishings, machinery or furniture owned by Lessee and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any can be removed without damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor Building or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims or if there will be damage, said damages are or may be secured repaired by Lessee at Lessee's expense and Lessor approves the repairs, provided there is no default by Lessee in any mechanics’ or materialmen’s lien against of the Premises or any interest thereinterms and conditions of the Lease.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall not make or allow to be made any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies Any such permitted alterations and/or improvements shall be surrendered with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, that Landlord, at its option, may require Tenant to remove any physical Improvements or additions and/or repair any alterations in order to restore the Prem es to the condition existing on the Commencement Date, with all costs of removal and/or alterations to be borne by Tenant. The preceding sentences hall not apply to movable equipment, furniture or moveable trade fixtures owned by Tenant, which may be removed by Tenant at the expiration of the Lease Term, except for signs, trade fixtures, furnishings, machinery if Tenant is not then in default and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any if such removal can be accomplished without material damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposesenant shall have no authority or power, Tenant’s signsexpress or implied, trade fixtures and furnishings are defined herein as equipment. Tenant shall payto create or cause any mechanics or materialman's en, when due, all claims for labor charge or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by encumbrance of any mechanics’ or materialmen’s lien kind against the Premises or any interest thereinportion thereof. Tenant shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bonding or otherwise within thirty (30) days following a request by Landlord. Anyand all permitted alterations, additions andimprovements shall be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials.
Appears in 1 contract
Sources: Commercial Lease Agreement
Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or improvements which affect to the structure Premises without prior written consent of the Building or which decrease Landlord unless the square footage cost therefor would not exceed Ten Thousand Dollars ($10,000) per occurrence; provided, however, that Tenant shall not need Landlord’s approval if alterations, additions and improvements are less than $3.00 per RSF, are non-mechanical, non-structural, non-electrical, not visible from the exterior of the Building or which reduce building, and do not adversely affect the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedbuilding. Notwithstanding the aboveforegoing, Tenant may perform cosmetic work such as painting, installing carpet and provided Tenant complies low-voltage cabling without Landlord’s consent but with prior notice. Upon the expiration of the Lease term, all Legal Requirements in connection therewithsuch alterations, additions and improvements shall become the property of the Landlord. However, Tenant shall have the right at all times to remove such alterations, additions, or improvements upon the termination of the Lease, provided that Tenant shall repair any damage caused by such removal and shall restore the appearance of the Premises by redecorating. Landlord may elect upon notice to Tenant (which shall be provided no later than the time Landlord provides its consent to Tenant to make such improvements or within thirty (30) days after the expiration or early termination date of this Lease if Tenant did not obtain Landlord’s written consent to such an improvement) to require the removal of all other alterations, additions or improvements to the Building without that require Landlord’s prior written approval. consent pursuant to this paragraph upon the expiration or termination of the Lease, in which case Tenant shall not be required to restore any alterations or additions permitted under this paragraph to promptly remove the Premises or remove improvements at the end of the Term. All said alterations, additions and improvements permitted under this paragraph or consented to in writing and repair the damage caused by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements to the Premises without Landlord's prior written consent, except for non-structural alterations which affect do not exceed Twenty Thousand Dollars ($20,000) in cost annually and which are not visible from the structure outside of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, Building. Landlord may require Tenant to provide lien and completion bonds in each case without the prior written consent of form and amount satisfactory to Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other promptly remove any alterations, additions or improvements to the Building without Landlord’s prior constructed in violation of this Paragraph 6.05
(a) upon ▇▇▇▇▇▇▇▇'s written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Termrequest. All alterations, additions and improvements permitted under shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans.
(b) Tenant shall pay when due all valid claims for labor and material furnished to the Premises. Tenant shall give Landlord at least twenty (20) days' prior written notice of the commencement of any work on the Premises, regardless of whether Landlord's consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Premises. In the event that any lien or notice of lien is recorded against the Property as a result of any work performed by or at the request of Tenant, Tenant shall, within thirty (30) days thereafter, cause such lien or notice of lien to be released of record; provided, however, that Tenant shall have the right to contest such lien or notice of lien by appropriate proceedings if Tenant establishes a bond or other customary security in favor of Landlord within such time.
(c) Upon termination of this paragraph Lease, Tenant shall not have the right to remove any equipment or consented fixtures installed at the Property unless, prior to installation of any such equipment or fixtures, ▇▇▇▇▇▇ shall notify Landlord in writing by Landlord are referred of such installation and of Tenant's intent to as “Permitted Alterations”. All alterations, additions retain ownership of such equipment or improvements made by Tenant which are permanently attached to fixtures and made part of ▇▇▇▇▇▇▇▇ agrees in writing that such equipment may be installed at the Premises and shall become remain the property of Landlord Tenant. Any such equipment or fixtures so installed at the expiration Premises with the written agreement of the Term, except Landlord shall be considered to be "Tenant's Equipment" for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinpurposes of Section 6.06 below.
Appears in 1 contract
Sources: Real Estate Lease (Emulex Corp /De/)
Alterations, Additions, and Improvements. 13.01 All Tenant's Work shall be the responsibility of Tenant and shall not make any alterationsbe performed at Tenant's sole cost and expense, additions or improvements which affect the structure of whole subject to the Building or which decrease the square footage of the Building or which reduce the value of the Premises, provisions and procedures contained in each case this Section XIII. No Tenant's Work may be carried out without the prior written consent of Landlord, which consent shall not be unreasonably withheld. The withholding of Landlord's consent shall be deemed to be reasonable if the proposed work would have the effect of materially diminishing the value of the Premises.
13.02 All architectural and other plans and specifications prepared in connection with Tenant's Work may be prepared by a designer or architect of Tenant's choice but shall be subject to the Landlord's prior written approval as contemplated in this Section XIII. Tenant shall be responsible to ensure that Tenant's Work, conditioned or delayed. Notwithstanding the aboveas designed, and provided Tenant complies with all Legal Requirements in connection therewithrelevant laws, by-laws, regulations and ordinances as well as with the Building module and structure and with the Building's mechanical, electrical, plumbing and other systems and facilities. Complete working drawings, plans and specifications for Tenant's Work, if any, must be submitted to Landlord for its prior written approval. Landlord shall have a delay of ten (10) days following receipt of such complete working drawings, plans and specifications to notify Tenant either of its approval thereof or of changes Landlord requires and if Landlord fails to respond during such ten (10) day period, Landlord shall be deemed to have approved the drawings, plans and specifications so submitted. If Landlord notifies Tenant with such ten (10) day period that it requires changes, Tenant shall, within ten (10) days thereafter, submit the necessary amended drawings, plans and specifications to Landlord. Landlord shall have the right to inspect, at all times its expense, any Tenant's Work to make all other alterationsensure that it is in accordance with the working drawings, additions or improvements to the Building without plans and specifications approved by Landlord’s prior written approval. .
13.03 Tenant shall not undertake any Tenant's Work without obtaining all necessary permits from the appropriate public authorities. All such work shall be required done by contractors approved by Landlord, which approval shall not be unreasonably withheld, but shall be conditional upon such contractors carrying property damage and liability insurance satisfactory to restore Landlord for its operations in the Building and upon such contractors providing to Landlord a waiver and release of any alterations and all legal hypothecs or additions permitted under this paragraph rights of legal hypothec that then or thereafter exist for work done or materials supplied in connection with Tenant's Work.
13.04 All Tenant's Work (other than trade fixtures, equipment and accessories thereto) and all repairs and replacements in or to the Premises or remove improvements at the end of the Term. All alterationsshall, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterationsupon their completion, additions or improvements made by Tenant which are permanently attached to and made become a part of the Premises shall become and the property of Landlord and shall be surrendered with the Premises upon the Expiration Date or earlier termination date of this Lease without any compensation being due therefor by Landlord; provided, however, that Landlord shall have the option, in its sole discretion, by written notice to Tenant at least sixty (60) days prior to the expiration Expiration Date, to require Tenant to remove, at Tenant's cost and under Landlord's coordination and direction, all or any of those items of Tenant's Work for which Landlord has reserved the right to do so in its initial consent (including such as may have been made by Landlord at Tenant's request prior to or during the Term) and, in the cases where Landlord has exercised such right, to restore the portions of the TermPremises affected by the removals, except for signsor any parts thereof, trade fixturesto their original condition.
13.05 Tenant may erect, furnishingsat its cost and expense, machinery signs on any street frontage of the Premises provided that:
(a) any such signs shall comply with the requirements of the applicable municipal and equipment used in other governmental authorities;
(b) no such signs shall be erected outside or on the Premises and furnished by Tenant exterior of the Building or within the interior thereof if the same may be seen from the exterior thereof, unless Landlord shall have given its prior written consent (which Tenant may remove, provided Tenant repairs any damage consent shall not be unreasonably withheld) to the Premises caused thereby location, style, colour, size and content thereof; and
(reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. c) Tenant shall paybear the cost of the installation, when duerepair, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by maintenance and removal of any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch signs.
Appears in 1 contract
Sources: Lease Agreement (Dt Industries Inc)
Alterations, Additions, and Improvements. Tenant shall not make any may erect such alterations, additions or additions, and improvements which affect inside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without premises as it desires only upon receiving the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All Minor non-structural alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”with aggregate cost of less than $10,000 will not require the prior written consent of Landlord. All such alterations, additions additions, or improvements made by shall be performed in a workmanlike manner and shall not weaken or impair the structural strength or lessen the value of the building and the premises, or change the purposes for which the building, or any part thereof, may be used. Any such alterations, additions, or improvements shall be erected at the sole cost and expense of Tenant, and Tenant which are permanently shall have no right, authority, or power to bind Landlord or any interest of Landlord in the Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith, and Tenant shall in no way be considered the agent of Landlord in the erection, construction, operation and maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the Tenant and made Landlord except “trade fixtures” put in at the expense of Tenant, shall remain upon and be surrendered with the premises as a part thereof, at any termination of the Premises lease, for any cause, and shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentLandlord. Tenant shall pay, when due, all claims for labor not allow any mechanic or materials furnished or alleged materialmen liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Leased Premises or any interest thereinpart thereof. If any such lien is filed, Tenant shall immediately cause such lien to be released by posting an appropriate bond or paying the claim which is the basis for the lien. Tenant is leasing the Leased Premises in its “as is” condition except for the improvements to be constructed by Landlord listed in Section 32 of this lease.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall not may, in its sole discretion and without the prior consent of Landlord, make any alterations, additions or improvements which affect the structure of the Building (collectively, “Alterations”) in or which decrease the square footage of the Building or which reduce the value of to the Premises. All such Alterations shall be performed by Tenant in a good and workmanlike manner and comply with all Requirements. Tenant’s contractor shall obtain all applicable building and occupancy permits required by law. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work. Notwithstanding anything to the contrary set forth in each case this Lease, Landlord will not make any Alterations in or to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned Tenant. All Alterations and systems installed in or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements attached to the Building Premises by Tenant (including, by way of illustration and not by limitation, all partitions, paneling, carpeting, window coverings and light fixtures, but excluding all improvements, fixtures, equipment and other personal property relating to Gaia Sphere, including without Landlord’s prior written approvallimitation all studio equipment, camera equipment, lighting, sound systems, sound boards, Whisper Wall panels, wiring and cables (the “Gaia Sphere Property”)) shall, upon the expiration or earlier termination of this Lease, belong to and become the property of Landlord without any payment from Landlord and shall be surrendered by Tenant in good order and condition as part of the Premises upon the expiration or sooner termination of the Term. For the avoidance of doubt, Tenant shall not be required to remove such Alterations and systems or restore any alterations or additions permitted under this paragraph to the Premises or to their original condition, but Tenant may, at its option, remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentGaia Sphere Property. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. Tenant’s obligations regarding liens shall be satisfied if during any interest thereinperiod that a lien is disputed Tenant provides a bond (or other similar security) in a manner sufficient to release the lien from title to the Property in an amount equal to one and one-half times the amount of the claim, together with costs and interest.
Appears in 1 contract
Sources: Master Lease Agreement (Gaia, Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions additions, or improvements which affect to the structure Property (“Tenant’s Alterations”) without Landlord’s prior written consent, except for non-structural interior alterations that (i) are designed to facilitate Tenant’s Customers’ receipt of services from Tenant, including, without limitation, cages, cabinets, conduit, racks, and custom duct work for Tenant’s Customers (the “Customer Work”) or, in case of alterations unrelated to the Customer Work, do not exceed One Hundred Thousand Dollars ($100,000.00) in Constant Dollars in cost; (ii) are not visible from the outside of the Building Building; and (iii) do not alter or which decrease penetrate the square footage floor slab or the roof membrane (collectively, the “Permitted Alterations”). Other than with respect to the Permitted Alterations, Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any Tenant’s Alterations constructed in violation of the Building or which reduce the value of the Premisesthis Section 6.05(a) upon Landlord’s written request. All Tenant’s Alterations shall be performed in a good and workmanlike manner, in each case without the prior written consent of conformity with all Applicable Laws, and all contractors and subcontractors shall be approved by Landlord, which consent approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithUpon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. With respect to “as built” plans for the Customer Work, Landlord shall keep the same confidential if such plans are conspicuously marked “confidential” and are not a matter of public record. Notwithstanding anything to the contrary in this Section, Tenant must obtain Landlord’s prior written consent for any Tenant’s Alterations that will (or may) be visible from the outside of the Building. Landlord shall have the right right, in its sole discretion, to determine the location of any such visible Tenant’s Alterations and require the screening of such items at Tenant’s sole cost and expense.
(b) Tenant shall pay when due all times to make all other alterations, additions or improvements claims for labor and material furnished to the Building Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2005) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for execution, Landlord may elect to provide Tenant with a separate written notice of the Posted Security Requirements, which shall include an acknowledgement of Tenant (the “Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord; provided, however, that Tenant acknowledges and agrees that under no circumstances shall such Notice and Acknowledgement or the terms of this Section 6.05 be construed as Landlord’s consent to or approval of any Tenant’s Alterations. Landlord may elect to record and post notices of non-responsibility on the Property.
(c) To the extent Landlord’s prior consent is required by this Section 6.05, Landlord may condition its consent to any proposed Tenant’s Alterations on such requirements as Landlord, in its reasonable discretion, deems necessary or desirable, including without limitation: (i) Tenant’s submission to Landlord, for Landlord’s prior written approval. Tenant shall not be required , of all plans and specifications relating to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end Tenant’s Alterations; (ii) Landlord’s prior written approval of the Termtime Industrial Lease—Las Vegas, Nevada 71▇▇ ▇. All alterations▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations▇▇▇▇▇▇ ▇witch Communications Group, additions or improvements made by Tenant which are permanently attached to and made part L.L.C. Table of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.Contents
Appears in 1 contract
Sources: Industrial Lease (Switch, Inc.)
Alterations, Additions, and Improvements. Tenant shall not Subject to the provisions of this Article V, Lessee may make any alterations, additions additions, improvements or improvements which affect other changes to the structure RDU Assets as may be necessary or useful in connection with the operation of the Building RDU Assets (collectively, the “Additional Improvements”) so long as such Additional Improvements are (a) in conformity with all Applicable Laws, (b) made after obtaining any required Permits, (c) allowed by the Master Lease and (d) approved in advance by Lessor. Lessee shall promptly pay the entire cost of any such change, addition or which decrease improvement; provided, however, that Lessor shall reimburse Lessee for the square footage amount of the Building or which reduce the value of the Premisessuch costs, if any, that constitute Capital Maintenance Costs. Any Additional Improvements by Lessee shall be made in each case without the prior written consent of Landlord, which consent a good and workmanlike manner and in accordance with all Applicable Laws. Lessee shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times or power to make all other alterationscreate or permit any lien of any kind or character on the RDU Assets, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at Additional Improvements by reason of repair or construction or other work. In the end event any such lien is filed against the RDU Assets, the Premises or Additional Improvements, Lessee shall cause such lien to be discharged or bonded within thirty (30) days of the Termdate of filing thereof. All alterations, additions and improvements permitted under this paragraph or consented to Unless otherwise agreed in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Parties at the expiration time an Additional Improvement is made, all Additional Improvements shall be owned by Lessee for the Term of this Asset Lease and shall be removed by Lessee no later than first to occur of (y) the Termdate on which such Additional Improvements must be removed pursuant to this Asset Lease, except for signs, trade fixtures, furnishings, machinery and equipment used or (z) one (1) year after termination of this Asset Lease (provided that in either case such Additional Improvements can be removed by Lessee without unreasonable damage or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage harm to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor RDU Assets or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises) or, which claims are or may be secured at Lessee’s option exercisable by any mechanics’ or materialmen’s lien against notice to Lessor, surrendered to Lessor upon the Premises or any interest thereintermination of this Asset Lease.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case demised premises without the prior written consent of Landlord. Consent for non-structural alterations, which consent additions or improvements shall not be unreasonably withheldwithheld by Landlord. Tenant shall have the right to erect or install shelves, conditioned bins, machinery, air conditioning or delayed. Notwithstanding the aboveheating equipment and trade futures, and provided that Tenant complies with all Legal Requirements in connection therewithapplicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not in default at the time of such removal and provided further that Tenant shall, at the time of removal of such items, repair in a good and workmanlike manner any damage caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without Landlord’s prior written approvaldemised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by ▇▇▇▇▇▇▇▇, Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All such alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”improvements. All alterations, additions or improvements made by Tenant which are permanently attached in or to and made part of the Premises demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Termremoval of alterations, except for signsadditions or improvements by giving written notice to Tenant prior to the expiration or termination of this lease. At the direction of Landlord, trade fixturesTenant shall promptly remove all alterations, furnishings, machinery additions and equipment used improvements and any other property placed in or on the Premises and furnished demised premises by Tenant which and Tenant may remove, provided Tenant repairs shall repair in a good and workmanlike manner any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Subject to Section 6.05(c), Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord's prior written consent. Tenant shall deliver to Landlord, for Landlord's approval prior to any construction, a complete set of plans and specifications for the proposed alterations, additions or improvements, copies of contracts with general contractors, evidence of contractor's insurance and bonds, and all necessary permits for such construction. Landlord may require Tenant to provide demolition and/or lien and completion bonds (or cash deposits) in form and amount reasonably satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements which affect the structure constructed in violation of this Section 6.05
(a) upon Landlord's written request. All alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable Laws, and by a contractor approved by Landlord. Landlord's approval of the Building plans, specifications and working drawings for Tenant's alterations shall create no responsibility or which decrease liability on the square footage part of the Building Landlord for their completeness, design, sufficiency, or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies compliance with all Legal Requirements in connection therewithlaws, rules and regulations of governmental agencies or authorities. Upon completion of any such work, Tenant shall have provide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due all claims for labor and material furnished to the right Premises. Tenant shall give Landlord at all times least ten (10) days prior written notice of the commencement of any work on the Premises. Landlord may elect to record and post notices of non-responsibility on the Premises.
(c) Notwithstanding any provision to the contrary contained herein or Section 12 of the Rules and Regulations attached hereto as Exhibit "C", Tenant may, at its own expense, and without Landlord's prior consent, make all other such non-structural changes, alterations, additions or improvements to the Premises ("Alterations") as will, in the judgment of Tenant, better adapt the same for its needs, provided that Tenant complies with the following provisions:
(i) The Alterations shall not result in a violation of or require a change in any certificate of occupancy applicable to the Building.
(ii) The outside appearance of the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations affected; such Alterations shall not affect the structure, or additions permitted under this paragraph to reduce the value of the Premises or remove improvements at the end Building.
(iii) No part of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part Building outside of the Premises shall become be physically affected nor shall the property of Landlord at Alterations be visible from the expiration exterior of the TermBuilding.
(iv) The mechanical, except electrical, plumbing, heating, ventilation, and air conditioning of the Building shall not be affected.
(v) At Landlord's request, Tenant shall submit to Landlord three (3) copies of final plans and specifications for signsthe Alterations.
(vi) Upon completion of any Alterations , trade fixturesTenant shall upon Landlord's request deliver to Landlord three (3) copies of the "as-built" plans for such Alterations.
(vii) The cost of Alterations in any calendar year do not exceed Twenty-Five Thousand and 00/100 Dollars ($25,000.00). Tenant agrees that all Alterations shall at all times comply with all applicable Laws and that Tenant, furnishingsat its expense, machinery shall (i) obtain all necessary municipal and equipment used other governmental permits, authorizations, approvals and certificates for the construction of such Alterations, (ii) deliver a copy of such items to Landlord and (iii) cause all Alterations to be constructed in a good and workmanlike manner. Tenant, at its expense, shall promptly procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Alterations issued by any public authority having or asserting jurisdiction. Throughout the making of all Alterations, Tenant, at its expense, shall carry or cause its contractors to carry (i) workers' compensation insurance in statutory limits covering all persons employed in connection with such Alterations, (ii) general commercial liability insurance covering any occurrence in or on about the Premises and furnished by Tenant in connection with such Alterations which Tenant may remove, provided Tenant repairs any damage to complies with the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentrequirements of Section 4.05. Tenant shall payindemnify Landlord against liability for any and all mechanics' and other liens filed in connection with Alterations. Tenant, when dueat its expense, shall procure the discharge of any such lien by payment or posting of a bond within thirty (30) days after the filing thereof against any part of the Building. If Tenant fails to discharge any such lien within such thirty (30) day period, then, in addition to any other right or remedy, Landlord may, upon giving five (5) days prior written notice to Tenant, without any obligation to inquire about the accuracy of the amount or validity of such lien discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings if Tenant has not discharged the lien within the five (5) day notice period provided herein. Any amount so paid by Landlord, and all claims for labor or materials furnished or alleged to have been furnished to or for costs and expenses incurred by Landlord in connection therewith, shall be payable by Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinwithin ten (10) days after receiving Landlord's ▇▇▇▇ therefore.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant 11.1. Lessee shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Leased Premises without the prior written consent of LandlordLessor. Consent for nonstructural alterations, which consent additions or improvements shall not be unreasonably withheldwithheld by Lessor. The foregoing shall be done only by Lessor's contractors or employees or by third parties approved by Lessor in writing. Lessee shall pay Lessor in advance for any requested alterations, conditioned improvements, lock changes, or delayedother modifications which are approved by Lessor. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant Lessee shall have the right at all times to make erect or install furniture and fixtures provided that Lessee complies with all other alterationsapplicable governmental laws, additions or improvements ordinances, and regulations. Lessee shall have the right to remove at the termination of this Lease such items so installed, provided Lessee is not in default; however, Lessee shall, prior to the Building without Landlord’s termination of this lease, repair any damage caused by such removal.
11.2. Lessee may remove its trade fixtures, office supplies, and movable furniture and equipment not attached to the Leased Premises provided: (a) Such removal is made prior written approvalto the termination of the Tenn of this Lease; (b) Lessee is not in default of any obligations or covenant under this Lease at the time of such removal; and (c) Lessee promptly repairs all damage caused by such removal prior to the termination of the term of this Lease. Tenant shall not be required to restore All other property at the Leased Premises and any alterations or additions permitted under this paragraph to the Leased Premises (including wall-to-wall carpeting, paneling, or remove improvements at other wall covering) and any other article attached or affixed to the end floor, wall, or ceiling of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Leased Premises shall become the property of Landlord Lessor at Lessor's option, and shall remain upon and be surrendered with the Leased Premises as a part thereof at the expiration termination of the Termthis Lease, except for signsLessee hereby waiving, trade all rights to any payment or compensation thereof. If, however, Lessor so requests in writing, Lessee shall, prior to termination of this Lease, remove any and all alterations, additions, fixtures, furnishingsequipment, machinery and equipment used property placed or installed by Lessee in or on the Leased Premises and furnished repair any damages caused by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted)such removal.
11.3. For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in Lessee at the Lease Premises, which claims are or may be secured by any mechanics’ mechanic's or materialmen’s material man's lien against the Premises leased premises or any interest therein.
11.4. Lessee shall give Lessor not less than ten (10) days' written notice prior to the commencement of any work in or on the Leased Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Leased Premises as provided by law.
Appears in 1 contract
Sources: Office Lease Agreement (Embedded Support Tools Corp)
Alterations, Additions, and Improvements. 17.01 Tenant shall not make any structural alterations, structural additions or structural improvements to the demised premises, ("Tenant's Changes") without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. Tenant shall be entitled to install, and remove, if replaced, and replace all interior lighting, heating, ventilating and air conditioning equipment, fixtures, furniture, furnishings and interior partitions and trade fixtures without Landlord's consent. All replacements shall be of substantially the same quality as the improvements replaced. Prior to the commencement of any such alteration, addition, or improvement, which (i) costs over $100,000 (in 2004 dollars) or (ii) affects Building-wide plumbing, electrical or heating, ventilation or air conditioning systems or structural portions of or the exterior of the Building, Tenant shall submit the plans and specifications to the Landlord for approval which shall not be unreasonably withheld or delayed and shall have procured all required governmental authorizations. Any alteration, addition, or improvement shall comply with the applicable codes of all governmental authorities having jurisdiction. All such alterations, additions or improvements which affect are built into the structure Building shall immediately become the property of Landlord and shall remain at the demised premises at the termination of the Building Lease. Notwithstanding the foregoing, except as hereinafter set forth in this paragraph 17.01, all counters, screens, railings, movable partitions, lighting fixtures, special cabinet work and similar personal property, electronic screens and equipment and trade fixtures installed in the demised premises by or for the account of Tenant, and which decrease can be removed without permanent structural damage to the square footage demised premises, and all furniture, furnishings and other articles of personal property owned by Tenant and located in the Building demised premises now or at any time during the Lease (all of which reduce are herein called "Tenant's Property") shall be and remain the value property of Tenant and may be removed or replaced by it during or upon the Premisesexpiration or earlier termination of this Lease. Any partitions or dividers currently owned by Tenant which Tenant elects to remain in space sublet to third parties with the consent of such subtenants, in each case without then, at the prior written consent expiration of this Lease, at the option of Landlord, which consent shall not be unreasonably withheld, conditioned the partitions or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises dividers shall become the property of Landlord and shall remain at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinProperty.
Appears in 1 contract
Sources: Lease Agreement (Trans Lux Corp)
Alterations, Additions, and Improvements. Tenant shall not make any LESSEE has accepted LEASED PREMISES “As Is” in its current condition. LESSEE has requested and has received the prior written approval of LESSOR to make, entirely at LESSEE’S expense, alterations, additions or improvements which affect in and to the structure of Leased Premises and buildings. Any such alteration, addition or improvement is being and shall continue to be performed in a workmanlike manner, in accordance with all applicable governmental regulations and requirements, and shall not weaken or impair the Building structural strength or which decrease the square footage of the Building or which reduce lessen the value of the PremisesLeased Premises or buildings. All improvements are being and will continue to be paid for by LESSEE. Improvements to the Leased Premises shall comply with applicable laws, in each case without regulations and codes and shall only be made with the prior written consent approval of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the TermLESSOR. All alterations, additions and improvements permitted under this paragraph on or consented in the Leased Premises prior to in writing by Landlord are referred to as “Permitted Alterations”LESSEE’S occupancy shall remain property of LESSOR. All alterations, additions improvements that are affixed or improvements made by Tenant which are permanently attached to the Leased Premises including buildings and made part fixtures installed by LESSEE at any time before or after LESSEE’S occupancy of the Leased Premises shall become be LESSOR’S property. All improvements installed by LESSEE on or in the property of Landlord Leased Premises at the expiration time of their occupancy and any that may have been erected or installed subsequently excluding buildings and fixtures shall be LESSEE’S property. Any construction or improvements within the Leased Premises will require prior approval from LESSOR through a certification to ensure that any such activity is a compatible use with this Lease and is compliant with the review and approval of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby State Public Works Board (reasonable and ordinary wear and tear exceptedSPWB). For federal income tax purposesUpon cancellation or termination of this Lease, Tenant’s signs, trade fixtures LESSEE will remove their property at LESSEE’S sole expense and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged remove any improvements pursuant to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereincondition 4a.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. (a) Provided that Tenant’s use of the Property is consistent with the Permitted Use and in compliance the other terms of this Lease, Tenant shall not may make any alterations, additions additions, or improvements which affect to the structure of Property and the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case initial Improvements (“Tenant’s Alterations”) without the Landlord’s prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedconsent. Notwithstanding the above, Tenant and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord acknowledge and agree that Landlord’s prior written approvallimited consent and approval of the initial Improvements shall be governed by Article Fourteen below and the attached Tenant Work Letter. Tenant shall not be required to restore promptly remove any alterations or additions permitted under Tenant’s Alterations constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection 6.05(a) upon Landlord’s written request. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signsAlterations shall be performed in a good and workmanlike manner, trade fixtures and furnishings are defined herein as equipment. in conformity with all Applicable Laws.
(b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2015) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for use in execution, Landlord may elect to provide Tenant with a separate written notice of the PremisesPosted Security Requirements, which claims are or may be secured by any mechanics’ or materialmen’s lien against shall include an acknowledgement of Tenant (the Premises or any interest therein.“Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord and further agrees to strictly comply with all other requirements of Nev. Rev.
Appears in 1 contract
Sources: Land Lease (Switch, Inc.)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesadditions, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Property (“Tenant’s Alterations”) without Landlord’s prior written approvalconsent, except for non-structural interior alterations that (i) do not exceed Two Hundred Thousand Dollars ($200,000.00) in cost; (ii) are not visible from the outside of the Building; and (iii) do not alter or penetrate the floor slab or the roof membrane. Tenant shall not promptly remove any Tenant’s Alterations constructed in violation of this Section 6.05(a) upon ▇▇▇▇▇▇▇▇’s written request. All Tenant’s Alterations shall be required to restore performed in a good and workmanlike manner, in conformity with all Applicable Laws, and all contractors and subcontractors shall be approved by Landlord. Upon completion of any alterations or additions permitted under this paragraph such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. Notwithstanding anything to the Premises contrary in this Section, ▇▇▇▇▇▇ must obtain Landlord’s prior written consent for any Tenant’s Alterations that will (or remove improvements at may) be visible from the end outside of the TermBuilding. All alterationsLandlord shall have the right, additions and improvements permitted under this paragraph or consented in its reasonable discretion, to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part determine the location of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, such visible Tenant’s signs, trade fixtures Alterations and furnishings are defined herein as equipment. require the screening of such items at Tenant’s sole cost and expense.
(b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property by or at the request of ▇▇▇▇▇▇. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Property, to the extent permitted under applicable law.
(c) To the extent ▇▇▇▇▇▇▇▇’s prior consent is required by this Section 6.05, Landlord may condition its consent to any proposed Tenant’s Alterations on such reasonable requirements as Landlord, deems necessary or desirable, including without limitation: (i) Tenant’s submission to Landlord, for Landlord’s prior written approval, of all plans and specifications relating to Tenant’s Alterations; (ii) Landlord’s prior written approval of the contractors and subcontractors performing Tenant’s Alterations; (iii) Tenant’s written notice of whether Tenant’s Alterations include the use or handling of any Hazardous Materials; (iv) Tenant’s obtaining or causing its contractor to obtain, for Landlord’s benefit and protection, of such insurance as Landlord may reasonably require (in addition to that required under Section 4.04 of this Lease); and (v) Tenant’s payment to Landlord of all reasonable third party out-of-pocket costs and expenses (the “Out-of-Pocket Costs”) incurred by Landlord because of Tenant’s Alterations, including, but not limited to, Out-of-Pocket Costs reasonably incurred by engaging a third-party (if reasonably necessary) in reviewing the plans and specifications for, and the progress of, Tenant’s Alterations, and costs of engaging outside consultants (whether for structural engineering review or otherwise).
(d) Within thirty (30) days following the imposition of any lien or stop notice resulting from any of Tenant’s Alterations (an “Imposition”), Tenant shall either (a) cause such Imposition to be released of record by payment, or (b) in case of a disputed Imposition, cause the posting of a proper bond in favor of Landlord or provide other security satisfactory to Landlord. In case of a disputed Imposition, Tenant shall diligently contest such Imposition and indemnify, defend, and hold Landlord harmless from any and all loss, cost, damage, liability and expense (including attorney’s fees) arising from or related to it. If Tenant fails to take either action within such thirty (30)-day period, Landlord, at its election, may pay and satisfy the Imposition, in which case the sum so paid by ▇▇▇▇▇▇▇▇, with interest from the date of payment at Industrial Lease—Atlanta Dendreon Corporation the rate set forth in Section 4.07 of this Lease, shall be deemed Additional Rent due and payable by Tenant within ten (10) days after ▇▇▇▇▇▇’s receipt of Landlord’s payment demand.
(e) Notwithstanding any language to the contrary in this Section 6.05, if the proposed Tenant’s Alterations involve or affect in any way one or more of the structural components of the Building, or materially affect in any way life safety matters, including, but not limited to, the Building’s or Project’s fire suppression system (collectively, the “Structural and Safety Alterations”), ▇▇▇▇▇▇▇▇’s prior written consent to that portion of the work affecting structural components and life safety systems will be required, regardless of the cost of the proposed Alterations. Moreover, ▇▇▇▇▇▇ agrees to use contractors and subcontractors selected by Landlord for use in the Premisesconstruction of any and all permitted Structural and Safety Alterations, which claims and for any work involving possible roof penetrations (so as to ensure that any such work is performed properly and does not render any applicable roof warranty void or voidable).
(f) Tenant acknowledges and agrees that any Tenant’s Alterations are wholly optional with Tenant and are not being required by Landlord, either as a condition to the effectiveness of this Lease or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinotherwise.
Appears in 1 contract
Sources: Standard Industrial Real Estate Lease (Dendreon Corp)
Alterations, Additions, and Improvements. (a) Provided that Tenant’s use of the Property is consistent with the Permitted Use and in compliance the other terms of this Lease, Tenant shall not may make any alterations, additions additions, or improvements which affect to the structure of Property and the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case initial Improvements (“Tenant’s Alterations”) without the Landlord’s prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedconsent. Notwithstanding the above, Tenant and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord acknowledge and agree that Landlord’s prior written approvallimited consent and approval of the initial Improvements shall be governed by Article Fourteen below and the attached Tenant Work Letter. Tenant shall not be required to restore promptly remove any alterations or additions permitted under Tenant’s Alterations constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection 6.05(a) upon Landlord’s written request. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signsAlterations shall be performed in a good and workmanlike manner, trade fixtures and furnishings are defined herein as equipment. in conformity with all Applicable Laws.
(b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2009) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for use in execution, Landlord may elect to provide Tenant with a separate written notice of the PremisesPosted Security Requirements, which claims are or may be secured by any mechanics’ or materialmen’s lien against shall include an acknowledgement of Tenant (the Premises or any interest therein.“Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord and further agrees to strictly comply with all other requirements of Nev. Rev.
Appears in 1 contract
Sources: Land Lease (Switch, Inc.)
Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case demised premises without the prior written consent of Landlord. Consent for non-structural alterations, which consent additions or improvements shall not be unreasonably withheldwithheld by Landlord. Tenant shall have the right, conditioned without the prior consent of Landlord, to erect or delayed. Notwithstanding the aboveinstall shelves, bins, machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant complies with all Legal Requirements in connection therewithapplicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such item so installed, provided Tenant is not in default at the time of such removal and provided further that Tenant shall, at the time of removal of such items, repair in a good and workmanlike manner any damages caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord’s prior written approval. , Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All such alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”improvements. All alterations, additions or improvements made by Tenant which are permanently attached in or to and made part of the Premises demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Termremoval of alteration, except for signsadditions or improvements by giving written notice to Tenant prior to the expiration or termination of this lease. At the direction of Landlord, trade fixturesTenant shall promptly remove all alterations, furnishingsadditions and improvements and any other property placed in the demised premises by Tenant, machinery and equipment used Tenant shall repair in or on the Premises a good and furnished by Tenant which Tenant may remove, provided Tenant repairs workmanlike manner any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.
Appears in 1 contract
Sources: Commercial Lease Agreement (Inspire Insurance Solutions Inc)
Alterations, Additions, and Improvements. 8.1. The Tenant shall not make any alterations, additions or improvements which affect improvements, structural or otherwise (the structure "Alterations'') in or to the Premises in excess of ten thousand dollars ($10,000) in the aggregate, over the Term, without the Landlord's prior written consent. Notwithstanding the preceding to the contrary, the Tenant shall be permitted to make non-structural, below ceiling grid Alterations (provided they do not exceed $10,000.00, in the aggregate, over the Term) without the Landlord's prior consent. The plans and specifications for any approved Alterations shall be subject to the Landlord's prior written approval and once approved, shall not be materially changed without the Landlord's prior written consent. Even if the Alterations do not require the Landlord's prior written consent, the Tenant shall provide the Landlord with a copy of the Building plans and specifications and estimated construction costs for the Alterations prior to commencing construction. All Alterations, whether requiring consent or which decrease not, shall be made promptly, in a workmanlike manner, paid for by the square footage Tenant allowing no liens to attach either to the Premises or to the Tenant's leasehold interest and so as not to unreasonably disturb or inconvenience other tenants in the Building. The Landlord shall have the right to require the Tenant to provide such assurances as the Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect the Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by the Landlord. Upon a termination of the Building or Lease, the Tenant shall provide the Landlord with copies of all unexpired construction warranties, if any exist, related to the Alterations, all of which reduce shall be deemed assigned to the value Landlord. Unless otherwise noted in the Landlord's written approval of the PremisesAlteration, in each case any Alteration, other than the Tenant's trade fixtures and movable furnishings, shall remain and be surrendered with the Premises on expiration of the Lease. If the Landlord's approval of the Alteration provides that the Alteration is not to be surrendered, the Tenant, at its sole cost, shall remove that Alteration which is not to remain and shall repair all damage to the Premises caused by that removal. In no event, however, shall the Tenant remove any of the following materials or equipment (which shall be deemed to be the Landlord's property) without the Landlord's prior written consent consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; or other similar building operating equipment and decorations. This removal/repair obligation shall survive a termination of Landlordthe Lease. Notwithstanding anything in this Lease to the contrary, which consent the Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of the Tenant. The Landlord consents/approvals required under this Section shall not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the Premises or placement of any signs in the Premises which affect are visible from outside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesPremises (collectively, in each case “Tenant Work”), without obtaining the prior written consent of Landlord which may be withheld in Landlord, which consent shall not be unreasonably withheld, conditioned or delayed’s sole discretion. Notwithstanding the aboveforegoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and provided Tenant complies (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all Legal Requirements in connection therewithcontractors, Tenant subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall have the right at all times be subject to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. If requested by Landlord, Tenant shall not be required to restore execute a work letter for any alterations or additions permitted under this paragraph to such Tenant Work substantially in the Premises or remove improvements at the end form then used by Landlord for construction performed by tenants of the TermBuilding. All alterations, additions Tenant shall pay Landlord a construction oversight fee in an amount equal to ten percent (10%) of the cost and improvements permitted under this paragraph or consented to in writing expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that such fee shall not apply to construction of any Initial Improvements. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are referred to as “Permitted Alterations”. All alterationscomplete or suitable for their intended purpose, additions or improvements made (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which are permanently attached to may arise out of such work, plans and made part of the Premises specifications, and permits for such Tenant Work. Any and all Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the termination or expiration of the Termthis Lease for any reason, except for signs, trade fixtures, furnishings, machinery and equipment used in unless Landlord shall require removal or on the Premises and furnished restoration by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work. If any liens are filed, Tenant shall cause the same to be released within five (5) business days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items.
Appears in 1 contract
Sources: Lease Agreement (Us Dataworks Inc)
Alterations, Additions, and Improvements. A. Tenant shall not make or permit any alterations, additions or improvements which affect the structure of the Building in, on or which decrease the square footage of the Building or which reduce the value of about the Premises, except for non-structural alterations not exceeding Ten Thousand Dollars ($10,000.00) in each case cost, without the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Any such alterations, additions or improvements including but not limited to heating, lighting, electrical, air conditioning, partitioning, drapery and carpentry installations made by Tenant which are permanently attached to and made become an integral part of the Premises or are affixed to the Premises so that it cannot be removed without material damage to the Premises shall be and become the property of Landlord at the expiration of the Term, except for signs, upon installation and shall not be deemed trade fixtures; provided, furnishingshowever, machinery and equipment used in that Landlord may as a condition of its giving consent require that Tenant, at Tenant's sole expense agree to remove nay or on the Premises and furnished all alterations, additions or improvements installed by Tenant which Tenant may remove, provided Tenant repairs and repair any damage to the Premises caused thereby (reasonable by such removal and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. prior to the termination of the Lease.
B. Tenant shall paygive Landlord at least (20) twenty days' prior written notice of the date of commencement of any construction of alterations, when dueadditions or improvements in, all claims for labor on or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against about the Premises and Landlord shall have the right at any time to post notice of non-responsibility or any interest thereinsimilar notices on the Premises in connection therewith.
C. Tenant shall submit drawings and specifications to Landlord for Landlord's approval, and no work shall be commenced until Landlord has approved such drawings and specifications and the contracts, contractors, performance and payment bonds and the sureties thereon; provided however, that an such approvals by Landlord shall not be unreasonably denied or delayed and no performance or payment bonds shall be required on projects costing less than One Hundred Thousand Dollars ($100,000.00).
Appears in 1 contract
Sources: Lease Agreement (Durect Corp)
Alterations, Additions, and Improvements. After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements which affect in or to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld (“Tenant Work”), conditioned or delayednor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. Notwithstanding the aboveforegoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and provided (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers performing all or any portion of the Tenant complies with all Legal Requirements in connection therewithWork (collectively, Tenant “Outside Contractors”) shall have the right at all times be subject to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval, not to be unreasonably withheld or delayed (provided that Outside Contractors performing work related to the supply or installation of Tenant’s furniture, trade fixtures, or equipment, or other personal property shall not be subject to Landlord’s approval). If requested by Landlord, Tenant shall execute a work letter for any such Tenant Work substantially in the form then used by Landlord 47842-0001 NY\53603744.6 for construction performed by tenants of the Building. For any Tenant Work (other than the Initial Improvements) Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and expense of any Tenant Work undertaken by Tenant, or ten percent (10%) of the cost and expense of any Tenant Work undertaken by Landlord. The construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall not furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end incurred in connection with such Tenant Work in excess of the Term$20,000, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Building Standard Tenant which are permanently attached to and made part of the Premises Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in until the expiration or on earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and furnished by shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant which Work following Initial Improvements, that Landlord will require Tenant may removeto remove same upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease shall be removed at Tenant’s sole expense, provided and Tenant repairs shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentby such removal. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work. If any liens are filed, Tenant shall cause the same to be released within thirty (30) days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Notwithstanding the foregoing, Tenant shall be permitted, without Landlord's consent, but upon advance notice and upon compliance with Landlord’s construction rules and regulations and Landlord’s reasonable scheduling requirements for outside contractors to the extent applicable, to make strictly cosmetic, non-structural additions and alterations to the Premises that do not (i) involve the expenditure of more than $20,000.00 in each instance, (ii) affect the exterior appearance of the Premises or Building, (iii) affect the Building's electrical, ventilation, plumbing, elevator, mechanical, air conditioning or other systems, (iv) require a building or other permit, or (v) diminish the value of the Premises or Building (“Cosmetic Alterations”). Tenant shall, prior to the commencement of any Cosmetic Alterations, deliver to Landlord waivers of liens 47842-0001 NY\53603744.6 and proofs of contractor insurance, in form reasonably acceptable to Landlord, from all contractors performing such work and plans indicating the nature of the proposed improvements.
Appears in 1 contract
Sources: Commercial Lease Agreement (Moleculin Biotech, Inc.)
Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessors which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and rearrangement of the prior Alterations) which do not affect the Building systems, exterior appearance, structural components or structural integrity, which do not require a building permit and which do not exceed collectively One Hundred Twenty Thousand Dollars ($120,000) in cost within any twelve (12) month period, without Lessor’s prior written consent. As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided, however, that if requested in writing by Lessee to do so at the time consent for such Alteration is requested, Lessor shall inform Lessee at the time Lessor consents to such Alteration whether such Alteration must be removed from the Premises upon the expiration or earlier termination of this Lease. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Such approvals shall not be unreasonably withheld, conditioned or delayeddelayed by Lessor. Notwithstanding the aboveSubject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and provided Tenant complies full height partitioning, drapery and carpeting installations made by Lessee, together with all Legal Requirements in connection therewithproperty that has become an integral part of the Premises, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions deemed trade fixtures and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration or sooner termination of the TermLease. For those Alterations which do not require Lessor’s consent, except for signsto the extent specifically requested of Lessor in writing by Lessee at the time such Alteration is made, Lessor shall by written notice to Lessee advise Lessee whether Lessee is required to remove such Alterations upon the expiration or earlier termination of this Lease. Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant which Tenant may removePremises. Within thirty (30) days after completion of any Alteration, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein Lessee shall provide Lessor with a complete set of “as equipment. Tenant shall pay, when due, all claims built” plans for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsame.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant 8.1. Lessor shall not make any prepare the Premises in accordance with Exhibit A at Lessee's expense. All such alterations, additions or and improvements which affect shall become the structure property of Lessor.
8.2. Upon Lessor's completion of the Building work provided for in Section 8.1., or which decrease at such earlier time as Lessor may agree, Lessee may make such other improvements to the square footage Premises in preparation for and in the conduct of its business as Lessee deems necessary and/or appropriate, at Lessee's expense. Lessee, however, shall make no further alterations to and/or additions to the Building or which reduce the value of the Premises, in each case Premises without the Lessor's prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedconsent. Notwithstanding the above, Lessee warrants that any and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other such alterations, additions or and/or improvements made pursuant to the Building without Landlord’s prior written approval. Tenant this subsection shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end made in a good, workmanlike manner and in full and complete compliance with all laws, rules, regulations, and ordinances and in satisfaction of the Termrequirements of such building, fire, safety, health and other codes as may now be or hereafter become applicable, without cost to Lessor. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the Lessor; however, upon written notice by Lessor to Lessee, Lessee shall remove such alterations, additions and improvements prior to the expiration of the Term, except for signs, trade fixtures, furnishings, machinery this Lease and/or renewal term and equipment used in or on restore the Premises and to their original condition at Lessee's expense.
8.3. If any mechanics lien, materialmen's lien or other lien is filed against the Premises, the Building, the property upon which the Building is located and/or any portions thereof, by reason of any work, labor, equipment, materials and/or services, furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or and/or alleged to have been furnished to or for Tenant Lessee or for use in any changes, alterations, additions, improvements and/or repairs made by Lessee, Lessee shall cause said lien to be released of record within five (5) days after the Premisesfiling of such lien. Lessee shall further indemnify and hold Lessor harmless from any and all claims, which claims are demands, suits, actions, losses, liability and damages arising out of and/or relating to any such lien or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinclaim of lien.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant shall not make any Section 1: Any alterations, additions or improvements changes to the Building (“Alterations”) of any kind or nature whatever desired by Tenant may be done by Tenant, at its own cost and expense, upon the following terms and conditions:
(a) Tenant shall notify Landlord, in writing, specifying in detail the Alterations contemplated;
(b) The Alterations shall not change the general character of the Premises, reduce the fair market value of the Premises below its value immediately before the Alterations, or impair the usefulness of the Premises;
(c) The Alterations shall be effected with due diligence and in a good and workmanlike manner in accordance with all applicable legal requirements;
(d) The Alterations shall be made promptly and fully paid for by Tenant;
(e) Any Alterations involving an estimated expenditure of $10,000 or more shall be done in accordance with plans and specifications prepared by a licensed architect and subject to the prior written approval of Landlord; and, which approval shall not be unreasonably withheld for alterations that do not affect the structure of the Building or which decrease the square footage any of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithBuilding’s systems; and
(f) Prior to commencing any Alteration, Tenant shall have the right at all times provide Landlord with liability and property insurance policies with respect to make all other alterationssuch Alterations naming Landlord and its manager as insureds and otherwise in form and amounts satisfactory to Landlord.
Section 2: Before commencing any alterations using outside contractors, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required notify Landlord of the anticipated commencement and completion dates of the work. Prior to restore commencement of any construction of improvements or alterations or additions permitted under this paragraph to the Premises or remove improvements at the end Building, Tenant shall furnish to Landlord a copy of the Termpermit allowing such construction. All alterations, additions and improvements permitted under this paragraph or consented to Landlord’s interest in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property not be subjected to liens of Landlord at the expiration any nature by reason of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signsconstruction, trade fixtures and furnishings are defined herein as equipment. Tenant shall payalteration, when duerenovation, all claims for labor repair, restoration, replacement or materials furnished reconstruction of any improvements on or alleged to have been furnished to or for Tenant for use in the Premises, which claims the Building or by reason of any other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, construction and materialmen’s liens. All persons dealing with Tenant are hereby placed on notice that such persons shall not look to Landlord or may be secured to Landlord’s credit or assets (including Landlord’s interest in the Premises) for payment or satisfaction of any obligations incurred in connection with the construction, alteration, renovation, repair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant has no power, right or authority to subject Landlord’s interest in the Premises to any mechanics’ mechanic’s or materialmen’s lien or claim of lien. If a mechanic’s claim of lien is filed against the Premises property in connection with any work performed by or any interest thereinon behalf of Tenant (except work for which Landlord is responsible), Tenant shall satisfy such claim or shall transfer same to security, within ten (10) days after Tenant learns of the filing thereof. In the event that Tenant fails to satisfy or transfer such claim within said ten (10) day period, Landlord may do so and thereafter charge Tenant, as Additional Rent, all costs incurred by Landlord in connection with satisfaction or transfer of such claim, including reasonable attorneys’ fees. This Section shall survive the termination of the Lease.
Appears in 1 contract
Sources: Lease Agreement (Lucid Inc)
Alterations, Additions, and Improvements. Tenant shall not Lessee may make any no alterations, additions additions, or improvements which affect in or to the structure of the Building demised premises or which decrease the square footage of the Building or which reduce the value of the Premises, in each case any part thereof without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld. Lessor, conditioned in its sole discretion, shall determine if any alterations, improvements or delayedadditions in, on, or to the demised premises shall be made by Lessee. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other Any such alterations, additions or improvements in, on or to the Building without Landlord’s prior written approval. Tenant demised property shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end once become a part of the Termdemised premises as a fixture. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All Any period of alterations, additions or improvements by Lessee shall be made by Tenant which are permanently attached Lessee at Lessee’s sole cost and expense. Lessee shall guaranty that any alterations or improvements shall be made in good and ▇▇▇▇▇▇▇ like manner, in compliance with all government requirements, and rating bureau recommendations. The Lessee shall obtain all necessary permits from governmental authorities, and shall pay all fees and penalties associated therewith. Lessee agrees not to and create, incur, impose or permit, to exist any lien or other obligation against the demised premises or Lessor because of any repair or decoration permitted or required to be made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage Lessee pursuant to the Premises caused thereby (reasonable terms of this lease. Lessee agrees to hold Lessor harmless from and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for and demands by contractors or any third parties against the demised premises or Lessor relating to, or arising out of such alterations, improvements, repairs or decorations. Lessee shall have no authority to create or place any lien or encumbrance of any kind whatsoever upon or in any manner to bind the interest of Lessor in the demised premises. Lessee covenants and agrees to pay promptly all sums legally due and payable by it because any labor performed or materials furnished or alleged to have been furnished to or purchased for Tenant for use in the Premises, demised premises upon which claims are lien can or may be secured by any mechanics’ asserted against demised premises or materialmen’s lien against the Premises or any interest thereinimprovements thereon.
Appears in 1 contract
Sources: Commercial Lease
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises (“Tenant’s Alterations”) without the Landlord’s prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned except that no consent shall be required for non-structural interior alterations that (i) do not exceed Fifty Thousand Dollars ($50,000.00) in cost; (ii) are not visible from the outside of the Building; and (iii) do not alter or delayedpenetrate the floor slab (except as allowed pursuant to Section 6.09 below) or the roof membrane. Notwithstanding the aboveAll Tenant’s Alterations shall be at Tenant’s sole cost and expense and shall be performed in a good and workmanlike manner, and provided Tenant complies in conformity with all Legal Requirements in connection therewithApplicable Laws. Upon completion of any such work, Tenant shall have the right at all times to make all other alterations, additions or improvements provide Landlord with “as built” plans. Notwithstanding anything to the Building without contrary in this Section, Tenant must obtain Landlord’s prior written approvalconsent for any Tenant’s Alterations that will (or may) be visible from the outside of the Building. Landlord shall have the right, in its sole discretion, to determine the location of any such visible Tenant’s Alterations and require the screening of such items at Tenant’s sole cost and expense.
(b) Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, pay when due, due all claims for labor or materials and material furnished to the Premises or alleged to have been furnished to or for Tenant at or for use in of the Premises. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Premises, regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility in, on or about the Premises, to the extent permitted under Applicable Law.
(c) To the extent Landlord’s prior consent is required by this Section 6.05, Landlord may condition its consent to any proposed Tenant’s Alterations on such requirements as Landlord, in its sole discretion, deems necessary or desirable, including without limitation: (i) Tenant’s submission to Landlord, for Landlord’s prior written approval, of all plans and specifications relating to Tenant’s Alterations; (ii) Tenant’s written notice of whether Tenant’s Alterations include the use or handling of any Hazardous Materials; (iii) Tenant’s obtaining, for Landlord’s benefit and protection, of such insurance as Landlord may reasonably require (in addition to that required under Section 4.04 of this Lease);and (iv) Tenant’s obtaining all applicable permits from the governmental authorities and the furnishing of copies of such permits to Landlord before the commencement of work on the subject Tenant’s Alterations.
(d) Tenant shall have no power or authority to do any act or make any contract which claims are may create or may be secured by the basis for any mechanics’ or materialmen’s lien against upon the interest of Landlord in the Premises or the Premises, or any portion thereof. Within ten (10) days following the imposition of any mechanics or other lien or stop notice filed with respect to the Premises or the Premises, or any portion thereof, based upon any act of Tenant or of anyone claiming by, through or under Tenant, or based upon work performed or materials supplied allegedly for Tenant, (an “Imposition”), Tenant shall either (a) cause such Imposition to be released of record by payment, or (b) in case of a disputed Imposition and dispensation to a final judgment, cause the posting of a proper bond (pursuant to Applicable Law under which a court issues an order that discharges the lien) or provide other security satisfactory to Landlord. Provided that the Imposition is timely released or bonded over, Tenant shall have the right to contest the validity of the obligation underlying the Imposition, provided that Tenant shall diligently contest such Imposition and indemnify, defend, and hold Landlord harmless from any and all loss, cost, damage, liability and expense (including attorneys’ fees) arising from or related to it. If Tenant fails to take either action within such ten (10)-day period, Landlord, at its election, may pay and satisfy the Imposition, in which case the sum so paid by Landlord, with interest thereinfrom the date of payment at the rate set forth in Section 4.07 of this Lease, shall be deemed Additional Rent due and payable by Tenant within ten (10) days after Tenant’s receipt of Landlord’s payment demand. Nothing in this Lease shall be construed as consent on the part of Landlord to subject the interest and estate of Landlord to liability under any applicable lien law for any reason or purpose whatsoever, it being expressly understood that Landlord’s interest and estate shall not be subject to such liability and that no person shall have any right to assert any such lien.
(e) Notwithstanding any language to the contrary in this Section 6.05, if the proposed Tenant’s Alterations involve or affect in any way one or more of the structural components of the Building, or relate in any way to life safety matters, including, but not limited to, the Building’s fire suppression system (collectively, the “Structural and Safety Alterations”), Landlord’s prior written consent will be required, regardless of the cost of the proposed Tenant’s Alterations.
(f) Tenant acknowledges and agrees that any Tenant’s Alterations are wholly optional with Tenant and are not being required by Landlord, either as a condition to the effectiveness of this Lease or otherwise.
Appears in 1 contract
Sources: Membership Interest Purchase Agreement (MJ Holdings, Inc.)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterationsAlterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the Landlord’s prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithLandlord must respond within ten (10) days of receipt of a written request from Tenant; provided, Tenant shall have the right at all times to make all other alterationshowever, additions or improvements to the Building without Landlord’s prior written approval. Tenant consent shall not be required for nonstructural Alterations which do not exceed TEN THOUSAND AND 00/100 Dollars ($10,000.00) in cost cumulatively over each calendar year. Landlord may require Tenant to restore provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord. All Alterations, additions, and improvements shall be accomplished in a good and workmanlike manner, in conformity with all applicable Laws, and by a contractor licensed in the State of California approved by Landlord. Upon completion of any alterations such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. Tenant agrees that Tenant shall pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs, and charges, including bond premiums for release of liens and attorneys’ fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or additions permitted under any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. In the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within thirty (30) days after the same has been made or filed. It is understood and agreed between the parties to this paragraph Lease that the expenses, costs, and charges above referred to shall be considered as Additional Rent due and shall be included in any lien for Rent.
(b) All Alterations, additions, or improvements placed on or made to the Premises by Tenant, excluding Personal Property, furniture, trade fixtures, and other movable property not attached to any building, shall at once become the property of Landlord, and upon termination of this Lease shall be surrendered to Landlord or, at Landlord’s option, shall be removed at Tenant’s expense. All furniture, Personal Property, trade fixtures, shelves, bins, and machinery or equipment installed by Tenant shall be removed by Tenant prior to the expiration or termination of this Lease and all damage to the Premises or remove improvements any building caused by the installation or removal of such items shall be repaired at the end of the Term. All alterationsTenant’s expense, additions and improvements permitted under this paragraph or consented prior to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration or termination of this Lease. Notwithstanding the Termforegoing, except no provision of this Lease shall impose upon Landlord any obligation to care for signsor preserve any of Tenant’s property left upon the Premises, trade fixtures, furnishings, machinery and equipment used Tenant hereby waives any and all rights it may have under California Civil Code §§ 1980-1991. Tenant further waives and releases Landlord from any claim or liability in or on connection with the removal of such property from the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinstorage thereof.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Other than the Improvements, Tenant shall not make or allow to be made any alterations or additions in or to the Premises without first obtaining the written consent of Landlord. Landlord's consent will not be unreasonably withheld or delayed with respect to proposed alterations and additions that: (i) comply with all applicable laws, ordinances, rules and regulations; (ii) will not interfere with Landlord's future use of the Premises; and (iii) will not trigger any additional costs to Landlord (other than those for which Tenant is obligated to reimburse Landlord pursuant to the terms of this Lease).
(b) Any consent given by Landlord under this Section 4.05 shall be deemed conditioned upon: (i) Tenant's acquiring all applicable permits required by governmental authorities; (ii) Tenant's furnishing to Landlord copies of such permits, together with copies of the approved plans and specifications, prior to commencement of the work thereon; and (iii) Tenant's compliance with the conditions of all applicable permits and approvals in a prompt and expeditious manner.
(c) Tenant shall provide Landlord with not less than ten (10) days prior written notice of commencement of the work so as to enable Landlord to post and record appropriate notices of non-- responsibility. All alterations and additions permitted hereunder shall be made and performed by Tenant without cost or expense to Landlord. Tenant shall pay the contractors and suppliers all amounts due to them when due and keep the Premises free from any and all mechanics', materialmen and other liens and claims arising out of any work performed, materials furnished, or obligations incurred by or for Tenant.
(d) Any and all alterations, additions or improvements which affect made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Premises by Tenant shall have become the right at all times property of Landlord upon installation and shall be surrendered to make all other Landlord without compensation to Tenant upon the termination of this Lease by lapse of time or otherwise unless Landlord conditioned its approval of such alterations, additions or improvements on Tenant's agreement to remove them, in which case Tenant shall, by the Expiration Date, remove such alterations, additions and improvements, repair any damage resulting from such removal and restore the Premises to their condition existing prior to the Building without Landlord’s prior written approvaldate of installation of such alterations, additions and improvements. Notwithstanding anything to the contrary set forth above, this clause shall not apply to movable equipment, personal property or furniture owned by Tenant. Tenant shall not be required to restore any alterations or additions permitted under this paragraph repair at its sole cost and expense all damage caused to the Premises by removal of Tenant's movable equipment, personal property or furniture and such other alterations, additions and improvements as Tenant shall be required or allowed by Landlord to remove improvements at from the end Premises. Nothing herein shall be construed to require Tenant to remove any structures that are located in the Premises as of the Term. Commencement Date.
(e) All alterations, additions and improvements permitted under this paragraph or consented Section 4.05 shall be constructed diligently, in a good and workmanlike manner with new, good and sufficient materials and in compliance with all applicable laws, ordinances, rules and regulations including, without limitation, building codes and those related to in writing accessibility and use by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinindividuals with disabilities.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements to the Property (other than Tenant's Improvements) without Landlord's prior written consent, except for non-structural alterations which affect do not exceed Forty Thousand Dollars ($40,000) in cost cumulatively over the structure Lease Term and which are not visible from the outside of the Building or which decrease the square footage Building. Landlord may require Tenant to provide demolition and/or lien and completion bonds for amounts in excess of the Building or which reduce the value of the Premises, $40,000 in each case without the prior written consent of form and amount reasonably satisfactory to Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other promptly remove any alterations, additions or improvements to the Building without constructed in violation of this Paragraph 6.05
(a) upon Landlord’s prior 's written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Termrequest. All alterations, additions and improvements permitted under this paragraph or consented to shall be done in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials.
(b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property. Tenant shall give Landlord at least ten (10) days' prior written notice of the commencement of any work on the Property, regardless of whether Landlord's consent m such work is required. Landlord may elect to record and post notices of non-responsibility on the Property,
(c) Tenant shall have not have the right to remove any fixtures or for installed at the Property unless, prior to installation of any such fixtures, Tenant for use shall notify Landlord in the Premises, which claims are or writing of such installation and of Tenant's intent to retain ownership of such fixtures and Landlord agrees in writing that such fixtures may be secured by any mechanics’ or materialmen’s lien against installed at the Premises or any interest thereinProperty and shall remain the property of Tenant (which agreement shall not be unreasonably withheld). Any such fixtures so installed at the Property with the written agreement of Landlord shall be considered to be "Tenant's Equipment" for purposes of Section 6.06 below.
Appears in 1 contract
Alterations, Additions, and Improvements. Following the date on which Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of first occupies the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions additions, or improvements ("Alterations") to the Building without Premises upon receipt of Landlord’s 's prior written approvalconsent, which will not be withheld unless the making or installation of the Alterations (i) adversely affects the Building Structure, (ii) adversely affects the Building Systems, (iii) affects the appearance of any part of the Building visible from outside the Premises, (iv) does not comply with Applicable Laws, or (v) unreasonably interferes with the normal and customary business operations of the other tenants in the Building (individually and collectively, a "Design Problem"). Landlord may, as a condition to the installation thereof and if such request is made concurrently with the approval of the plans and specifications therefor, require Tenant to remove any such Alterations at its sole cost and expense, it being agreed and understood that in no event will Tenant have any obligation to remove any such Alterations unless, in Landlord's reasonable judgment, they do not qualify as standard office-type tenant improvements. Notwithstanding anything to the contrary set forth herein, Tenant shall not be required to restore obtain Landlord's prior consent with respect to any strictly cosmetic work performed within the Premises by Tenant, such as the installation of wall coverings or floor coverings or non-structural alterations or additions permitted under this paragraph which do not exceed Twenty-Five Thousand Dollars ($25,000), which are not visible from the outside of the Premises and which comply with all Rules and Regulations, Building Regulations and Landlord's structural, engineering and design requirements for the Building. Tenant shall give Landlord at least ten (10) days' prior written notice of the commencement of any work on the Premises. In no event shall Tenant be required to provide payment and performance bonds in connection with any such Alteration work so long as the financial condition of Tenant is satisfactory. Landlord may elect to record and post notices of non- responsibility on the Premises or the Building. Upon Landlord's written request Tenant shall promptly remove improvements at the end any Alterations constructed in violation of the Termthis Section. All alterationsAlterations shall be accomplished at Tenant's sole cost and expense in a good and workmanlike manner, additions in conformity with all applicable laws and improvements permitted under this paragraph or consented to in writing regulations, by a contractor and subcontractors chosen by Tenant and reasonably approved by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become be the property of Landlord. As soon as reasonably practicable, Tenant shall provide Landlord at the expiration with copies of the Termall construction contracts, except and proof of payment for signsall labor and materials. Promptly upon completion of any such work, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs shall provide Landlord with any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted)"as built. For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentplans. Tenant shall pay, promptly pay when due, due all claims for labor or and materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant Lessee, for and in consideration of this Lease and the demise of the said Premises, hereby agrees and covenants with Lessor that Lessee shall not make or suffer or permit to be made, any alterations, additions additions, or improvements which affect whatsoever in or about the structure of said Demised Premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of LandlordLessor therefore, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that such consent, if given, shall be subject to the express condition that any and all alterations, additions, and improvements shall be done at Lessee's own expense and in accordance and compliance with all applicable municipal, state and federal ordinances, laws, rules and regulations, and that Lessee hereby covenants and agrees with Lessor that in doing and performing such work Lessee shall do and perform the same at Lessee's own expense, in conformity and compliance with all applicable municipal, state, and federal ordinances, laws, rules, and regulations, and that no liens of mechanics, materialmen, laborers, architects, artisans, contractors, sub-contractors, or any other lien of any kind whatsoever shall be created against or imposed upon the said Demised Premises, or any part thereof, and that Lessee shall indemnify and save harmless Lessor from any and all liability and claims for damages of every kind and nature which might be made, or from judgments rendered against Lessor or against said Demised Premises on account of or arising out of such alterations, additions, or improvements performed by or on behalf of Lessee. Notwithstanding the aboveforegoing, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant Lessee shall have the right at all times right, without the consent of Lessor, to make such nonstructural alterations or modifications to the Premises as Lessee shall desire provided that all other such alterations shall be performed in a lien free manner and in compliance with all applicable laws. If the Lessor shall give consent to Lessee for any alterations, additions or improvements improvements, then before proceeding with or causing any such work to the Building without Landlord’s prior written approval. Tenant begin, Lessee shall not be required procure and maintain, and shall cause such contractors and subcontractors engaged by or on behalf of Lessee to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end procure and maintain insurance coverage against such risks, in such amounts as Lessor may reasonably require in light of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part scope of the Premises shall become the property of Landlord at the expiration of the Termproposed work, except for signsin connection with any such alteration, trade fixtures, furnishings, machinery and equipment used in addition or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovement.
Appears in 1 contract
Alterations, Additions, and Improvements. Tenant 9.1 TENANT shall not make any alterations, additions or improvements which affect bear the structure cost and expense of modifying the interior of the Building or which decrease BUILDING for its use (the square footage “TENANT IMPROVEMENTS”), including without limitation obtaining all required approvals, permits, and certificates from the governmental authorities having jurisdiction of the Building or which reduce the value BUILDING and LANDLORD shall cooperate with TENANT in connection therewith. Prior to obtaining such approvals, certificates and approvals and commencing construction of the Premisesany TENANT IMPROVEMENTS, in each case without the prior TENANT shall obtain written consent approval of LandlordLANDLORD of all plans, drawings and specifications, which consent approval shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the above, and provided Tenant complies TENANT shall deposit with LANDLORD, LANDLORD’s estimate of cost of TENANT IMPROVEMENTS. TENANT IMPROVEMENTS is not intended to include personal property, moveable equipment, and trade fixtures not mounted to the LEASED PREMISES.
9.2 During the TERM of the LEASE, TENANT IMPROVEMENTS shall be undertaken by LANDLORD at TENANT’s expense in a good and workmanlike manner. TENANT IMPROVEMENTS shall be constructed in accordance with all Legal Requirements laws, codes and regulations and in connection therewithaccordance with the plans, Tenant drawings and specifications approved by LANDLORD in accordance with Section 9.1.
9.3 All work relating to TENANT IMPROVEMENTS shall have the right at all times to make all other alterations, additions or improvements be subject to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end prevailing wage requirements and affirmative action requirements of the TermNew Jersey Economic Development Authority.
9.4 To the extent permitted by law, any TENANT IMPROVEMENTS are to be constructed by contractors and sub-contractors employing craft workers who are members of unions that are affiliated with the AFL-CIO Building and Construction Trades Department in accordance with applicable collective bargaining agreements. All alterations, additions LANDLORD and improvements permitted under this paragraph or consented TENANT shall use contractors and sub-contractors employing workers represented by unions that are affiliated with the AFL-CIO Building and Construction Trades Department in accordance with applicable collective bargaining agreements to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to provide for janitorial services and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinBUILDING maintenance.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Except for the Tenant Improvements identified on Exhibit C attached hereto and subject to section 3 of Rider No. 1, Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord’s prior written consent consent, except for non-structural alterations which do not exceed Ten Thousand Dollars ($10,000) in cost cumulatively over the Lease Term and which are not visible from the outside of any building of which the Property is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.05(a) upon Landlord’s written request. Further, unless the right Landlord agrees not to requires removal at the time Landlord grants consent, Landlord may require that all times to make all other alterations, additions or improvements be removed by Tenant and the Property restored to their condition prior to such alteration, addition or improvement, at no cost to Landlord, upon the Building without expiration or earlier termination of this Lease. Except with respect to improvements so required by Landlord to be removed, all improvements will remain in the Premises. If consent is not required, Tenant has the right to request that Landlord determine the removal requirements at such time as Tenant submits a written request to Landlord’s prior written approval. NOTE: All initial Tenant Improvements as identified on the attached Exhibit C, shall not be required to restore any alterations remain in the Property upon the expiration or additions permitted under termination of this paragraph to the Premises or remove improvements at the end of the TermLease. All alterations, additions additions, and improvements permitted under this paragraph or consented to shall be done in writing a good and workmanlike manner, in conformity with all-applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant for use in shall give Landlord at least twenty (20) days’ prior written notice of the Premisescommencement of any work on the Property, which claims are or regardless of whether Landlord’s consent to such work is required. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility on the Premises or any interest thereinProperty.
Appears in 1 contract
Sources: Industrial Real Estate Lease (SeaSpine Holdings Corp)
Alterations, Additions, and Improvements. Tenant shall not make create any alterationsopenings in the roof or exterior walls, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with may all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building demise premises without Landlord’s prior written approval3 consent of Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withheld by Landlord. Tenant shall have the right to erect or install shelves, bins, machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant complies with all applicable governmental laws, endurances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items as installed, provided Tenant is not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements in default at the end time of the Termsuch removal and provided further that Tenant shall, at time of removal of such items, repair in a good and workmanlike manner any damages caused by installation or removal thereof. All Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements in or to the demised premises and improvements permitted under this paragraph shall not permit a mechanic's or consented materialman's lien to in writing be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord are referred to as “Permitted Alterations”proof of payment reasonably satisfactory of Landlord of all costs incurred or arising out of any such alterations, additions or improvements. All alterations, additions or improvements made by Tenant which are permanently attached in or to and made part of the Premises demised premises shall become the property of Landlord at as the expiration or termination of this lease, however, Landlord may direct the Termremoval of alterations, except for signsadditions or improvements by giving written notice to Tenant prior to the expiration or termination of this lease. At the direction of Landlord, trade fixturesTenant shall promptly remove all alterations, furnishingsadditions, machinery and equipment used improvements and any other property placed in or on the Premises demised premises by Tenant, and furnished by Tenant which Tenant may remove, provided Tenant repairs shall repair in a good and workmanlike manner any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.
Appears in 1 contract
Alterations, Additions, and Improvements. 5.4.1 Tenant shall not not, without Landlord's prior written consent, make any alterations, improvements, or additions in, on, or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of about the Premises. As a condition to giving such consent, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Landlord may require that Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other remove any such alterations, additions improvements, additions, or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord utility installations at the expiration of the Term, except for signsand to restore the Premises to their prior condition.
5.4.2 Before commencing any work relating to alterations, trade fixturesadditions, furnishingsand improvements affecting the Premises, machinery Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and equipment used in or from time to time to post and maintain on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage such notices as Landlord reasonably deems necessary to protect the Premises caused thereby (reasonable and ordinary wear and tear excepted)Landlord from mechanics' liens, materialmen's liens, or any other liens. For federal income tax purposesIn any event, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished to or alleged for Tenant at or for use in the Premises. Tenant shall not permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or for Tenant for use to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant.
5.4.3 Unless Landlord requires their removal, as set forth in Article 5.4.1, all alterations, improvements, or additions which may be made on the Premises shall become the property of Landlord and remain upon and surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this Article 5.4.3, Tenant's machinery, equipment, and other trade fixtures other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, which claims are or shall remain the Property of Tenant and may be secured removed by any mechanics’ or materialmen’s lien against Tenant subject to the provisions of Article 5.2.
5.4.4 All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all applicable laws, regulations, and governmental requirements, and the requirements of any contract or deed of trust to which the Landlord may be party. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security reasonably satisfactory to Landlord against any such loss, liability or damage.
5.4.5 Tenant agrees that all venting, opening, sealing, waterproofing or any interest thereinaltering of the roof of the Premises shall be performed by Landlord's roofing contractor, or other contractor approved in advance of such work by Landlord.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements to the Premises without Landlord’s prior written consent, except for non-structural alterations, additions or improvements which affect do not exceed a total cost of Fifty Thousand Dollars ($50,000) in cost cumulatively over the structure Lease Term and which are not visible from the outside of the Building. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Section 6.05(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in accordance with plans, specifications and drawings approved in writing by Landlord, and in conformity with all applicable rules, laws and regulations, and by a licensed contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, a certificate of completion by the architect who supervised the construction and proof of payment for all labor and materials including appropriate lien releases. Landlord shall have no responsibility or liability for any death or injury to persons, including but not limited to Tenant, Tenant’s officers, directors, members, employees, personnel, contractors, invitees and/or any third persons in or upon the real property of Landlord, or for damage to property caused by alterations, additions or improvements made to the Premises by Tenant, whether or not made pursuant to Landlord’s prior written consent as required herein, and Tenant hereby indemnifies Landlord against any such liability, obligation, cost or expense arising therefrom.
(b) Tenant shall pay when due all claims for labor and material furnished to the Premises. Tenant shall give Landlord prior written notice of the commencement of any work on the Premises which requires a permit, regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Premises. Tenant shall keep the Premises, the Building and the Project free and clear of any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. If any such lien is filed against the Premises, the Building or which decrease the square footage Project, Tenant shall, within ten (10) days thereafter, cause the lien to be fully discharged by either paying the obligation secured thereby or obtaining and recording a payment bond in accordance with the provisions of Section 33-1004, Arizona Revised Statutes. Tenant shall indemnify and hold Landlord harmless from any claims for lien waivers. Tenant is not authorized to act for on behalf of Landlord as its agent, or otherwise, for the Building or which reduce the value purpose of constructing any improvements to the Premises, and neither Landlord nor Landlord’s interest in each case without the prior written consent Premises shall be subject to any obligations incurred by Tenant. Landlord shall be entitled to post on the Premises during the course of Landlordany construction by Tenant such notices of non-responsibility as Landlord deems appropriate for the protection of Landlord and its interest in the Premises. If Tenant fails to fully discharge any such lien within a 10-day period, which consent Landlord may (but shall not be unreasonably withheld, conditioned or delayed. Notwithstanding so obligated) pay the aboveclaim secured by such lien, and provided Tenant complies the amount so paid, together with all Legal Requirements any costs and reasonable attorneys’ fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall have pay the right same to Landlord with interest at the rate provided in Section 4.01(c) from the dates of Landlord’s payments. Should any claims of lien be filed against the Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof.
(c) Unless Landlord requires the removal thereof upon the termination of this Lease, all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to (except movable furniture, equipment and made trade fixtures) shall become a part of the Premises shall become and the property of Landlord at the expiration of the Termimmediately upon installation thereof. Any alteration, except for signsaddition or improvement which Tenant is required or permitted to remove hereunder, together with any movable furniture, equipment and trade fixtures, furnishingsshall be removed at Tenant’s expense upon the termination of this Lease, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs shall promptly repair any damage to the Premises caused thereby by such removal. In no event, however, shall Tenant remove any of the following materials or equipment (reasonable which shall be deemed Landlord’s property) without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; HVAC System and ordinary wear related components; fencing or security gates; or other similar building operating equipment and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereindecorations.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesadditions, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Premises without Landlord’s prior written approvalconsent. Landlord may require Tenant to provide demolition, lien, payment and/or completion bonds in form and amount satisfactory to Landlord. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection upon Landlord’s written request. All alterations, additions additions, and improvements permitted under this paragraph or consented to shall be done in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with “as built” plans, copies of all construction contracts, copies of all building permits and approvals and proof of payment for all labor and materials.
(b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Premises at Tenant’s request or for which Tenant for use in is responsible under this Lease. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Premises, which claims are regardless of whether Landlord’s consent to such work is required. Landlord shall have no responsibility for paying for any such work whether consented to by Landlord or may not.
(c) Tenant shall not permit the lien of any contractor, subcontractor, mechanic, materialman, laborer, architect or any other person or entity arising out of work, material or services performed, supplied or contracted for by Tenant or those claiming by, through or under Tenant to be secured by any mechanics’ or materialmenremain a lien upon the leasehold or the Premises beyond thirty (30) days after such line attaches unless Tenant bonds off such liens. Tenant shall reimburse Landlord upon demand for all reasonable attorney’s fees and expenses Landlord incurs in the event a mechanic’s lien is filed against either the Premises leasehold or any interest thereinthe Premises.
(d) and (e) are set forth in Addendum No. 1.
Appears in 1 contract
Sources: Lease (Cuisine Solutions Inc)
Alterations, Additions, and Improvements. Subject to the provisions of Exhibit D, and except as provided below, Tenant shall covenants and agrees not to make or allow to be made any alterations, additions alterations or improvements which affect to or in the structure Building or to any of the Building or which decrease the square footage systems outside of the Building or which reduce the value of the Leased Premises, in each case or to any structural elements within the Leased Premises, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayeddelayed if such alterations or improvements are consistent with and beneficial to the Tenant’s Permitted Use of the Leased Premises. Notwithstanding Tenant may make non-structural alterations within the aboveLeased Premises without Landlord’s prior written consent, except as otherwise required in Exhibit D for the initial Tenant Work, and in Exhibit C for initial tenant improvements in any Expansion Space. Any alterations, physical additions or improvements when made to or in the Leased Premises by Tenant, whether temporary or permanent in character (other than Trade Fixtures), shall be deemed a part of the Property and at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise, or, at Landlord’s option, shall be removed by Tenant and Tenant shall repair any damage caused or associated with such removal upon the expiration or earlier termination of the term of this Lease; provided, however, this clause shall not apply to Trade Fixtures. All structural alterations, improvements and additions in and to the Leased Premises and all alterations or physical additions to the exterior of the Building or any of the Building systems requested or performed by Tenant shall be in accordance with plans and specifications which have been previously submitted to Landlord and approved in writing by Landlord. Except as provided in Exhibit D, any alterations within the Leased Premises shall be performed at Tenant’s expense. Any structural, exterior or Building systems work approved by Landlord shall be accomplished by Tenant complies utilizing licensed contractors and subcontractors. All work performed by Tenant and its contractors and subcontractors shall be subject to the following conditions: (a) Tenant shall maintain public liability insurance in amounts not less than $1,000,000 per occurrence and $2,000,000 aggregate, insuring Tenant and Landlord against any liability that may arise on account of such construction and Tenant shall maintain ▇▇▇▇▇▇▇’▇ compensation insurance covering all persons employed by Tenant and will require its contractors and subcontractors to maintain ▇▇▇▇▇▇▇’▇ compensation insurance in connection with such work and with respect to whom death or bodily injury claims could be asserted against Tenant and/or Landlord or their respective property; (c) such construction shall not unreasonably interfere with the use by other lessees of their demised premises in the Property or Landlord’s activities with respect to the Property; (d) a certificate of insurance for each contractor and subcontractor must be submitted to the Landlord for approval, including without limitation, the type and amount of the insurance coverage, prior to commencement of construction; (e) Tenant shall use reasonable efforts to insure that all Tenant’s contractors and subcontractors will be cooperative with Property personnel and comply with all Legal Requirements Property Rules and Regulations; (f) all construction shall be done in connection therewitha good and workmanlike manner utilizing high quality materials, and any structural, exterior or Building system work approved by Landlord shall be pursuant to plans approved in advance by Landlord (except as otherwise provided in this Lease), and such work shall be certified by Tenant’s architect to have been constructed in accordance with the Tenant’s plans, and such certification shall be provided to Landlord; (g) lien releases from each contractor and subcontractor must be submitted to the Landlord within thirty (30) days after completion; and (h) all construction shall comply with all applicable governmental laws, rules and regulations, including procuring all necessary permits and approvals prior to the commencement of any such work. Tenant shall notify Landlord in writing of the completion of the approved changes or alterations. Landlord (or its authorized representative) shall have the right at all times any time to make all other alterationsinspect such changes or alterations for workmanship and compliance with the previously approved plans and specifications, additions or improvements to the Building without Landlord’s prior written approval. and Tenant shall not be required to restore any alterations promptly correct all material deviations or additions permitted under this paragraph to the Premises defects discovered in such changes or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesadditions, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Premises without Landlord’s prior written approvalconsent. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermParagraph 6.05
(a) upon Landlord’s written request. All alterations, additions additions, and improvements permitted under this paragraph or consented to will be accomplished in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for Tenant for use in the Premises. Tenant shall give Landlord at least fifteen (15) days’ prior written notice of the commencement of any work on the Premises. Landlord may elect to record and post notices of non-responsibility on the Premises. If Tenant shall, which claims are in good faith, contest the validity of any mechanics lien, claim or demand, then Tenant shall, at its sole expense, defend and protect itself, Landlord and the Premises against the same and shall pay and satisfy any such adverse judgment that may be secured by any mechanics’ or materialmen’s lien rendered thereon before the enforcement thereof against the Premises Landlord or any the Premises. In addition, Landlord may require Tenant to pay Landlord’s attorneys’ fees and costs in participating in such action if Landlord shall decide it is in its best interest thereinto do so.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Dynamic Health Products Inc)
Alterations, Additions, and Improvements. Tenant shall not make or permit to be made any alterations, improvements, or additions or improvements to the Premises (“Alterations”) (except for non-structural Alterations which do not affect the structure Building systems or structure, require penetration into the floor, roof or exterior walls, or void any then-existing Premises warranty (“Non-Structural Alterations”) that are estimated to not exceed One Hundred Thousand Dollars ($100,000.00) in any one calendar year of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesLease Term), in without first obtaining on each case without the such occasion Landlord’s prior written consent (which consent Landlord agrees not to unreasonably withhold, condition or delay); provided, with respect to any alterations (other than purely cosmetic or decorative alterations such as painting, carpeting and modifying wall coverings) that may be made by Tenant without Landlord’s consent, Tenant shall give Landlord advance notice of such work in each case; provided, further, if any element (each, a “Protected Element”) of such Alteration would (i) affect the Building systems or structure, (ii) require penetration into the floor, roof or exterior walls or (iii) void any then-existing Premises warranty (and Tenant is unable to perform such work in a manner so as to preserve such warranty and Tenant does not assume such warranty obligations), Landlord may withhold its consent thereto in its sole discretion (and may require that such Alterations be performed at Tenant’s expense by Landlord or a contractor reasonably acceptable to Landlord). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord’s approval or disapproval, which consent approval shall not be unreasonably withheld, conditioned or delayed; provided Landlord may withhold its consent to any Protected Element in its sole discretion. All Alterations shall be performed in accordance with Applicable Laws, using good grades of materials, and in a good and workmanlike manner by licensed, bonded and qualified contractors, which, for Alterations other than Non-Structural Alterations, are reasonably acceptable to Landlord. Before commencing any work in connection with such Alterations, Tenant shall furnish Landlord with certificates of insurance from the general contractor or if no general contractor, from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said Alterations and as is reasonably acceptable to Landlord. At the completion of any Alterations, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors, and materialmen who did work on or supplied materials for the Alterations together with an affidavit from the general contractor that all such subcontractors have been paid in full. Landlord will specify at the time it approves of any proposed Alteration (or within ten (10) business days after a written request by Tenant if the Alteration is not one for which consent is required) whether any proposed Alteration must be removed at the expiration or termination of this Lease. Except as set forth in the immediately preceding sentence and in Section 6.06, all Alterations and all repairs and all other property attached to or installed on the Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding the aboveforegoing, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Lease Term, Tenant may, at its election in its sole discretion, remove diesel generators, camera systems, and any other equipment and systems that are not related to the office space and that are not included in the Landlord Improvements. All alterations, additions and improvements permitted under this paragraph Landlord shall make available to Tenant the benefit of any contractors’ or consented suppliers’ warranties applying to in writing any work performed by Landlord are referred to as “Permitted Alterations”on behalf of Tenant, including the Landlord Improvements. All alterations, additions or improvements made by Tenant which are permanently attached to and made part Landlord may monitor construction of the Premises Alterations (other than Non-Structural Alterations), and Tenant shall become reimburse Landlord for all actual third party, out of pocket costs and expenses (without mark-up) incurred by Landlord, if any, in connection with Landlord’s review of Tenant’s plans and specifications for (or Landlord’s oversight of the property construction or installation of) any Protected Element. The parties acknowledge and agree that in no event shall Landlord’s approval of any plans and specifications for Alterations (or Additional Tenant Improvements) be deemed to be a representation or warranty by Landlord that the same comply with Applicable Laws. Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord at or Tenant in the expiration Premises or to charge the rentals payable hereunder for any claim in favor of the Termany person dealing with ▇▇▇▇▇▇, except including those who may furnish materials or perform labor for signs, trade fixtures, furnishings, machinery any construction or repairs. Tenant shall pay when due all Claims for labor and equipment used in or on material furnished to the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to keep the Premises caused thereby (reasonable free and ordinary wear clear of all liens and tear excepted). For federal income tax purposes, encumbrances for work contracted for by Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall paysave and hold Landlord harmless from all loss, when duecost or expense (including reasonable attorneys’ fees) based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease for any such work, all claims for labor which obligation shall survive the expiration or materials furnished or alleged to have been furnished to or for Tenant for use in termination of this Lease. In the event a lien is filed against the Premises, which claims are upon ▇▇▇▇▇▇’s receipt of notice of any such lien, Tenant shall give Landlord immediate notice and within fifteen (15) days of receipt of such notice (a) bond against in a manner satisfactory to Landlord or may cause such lien to be secured by released from the Premises, or (b) furnish Landlord with a copy of the recorded waiver of lien, recorded release of lien, or of the recorded bond (in form satisfactory to Landlord) discharging such lien. For any work that could give rise to any mechanics’ or materialmenmaterial suppliers’ liens under Applicable Laws, Tenant shall give Landlord at least fifteen (15) days’ prior written notice of the commencement of any work on the Premises, regardless of whether ▇▇▇▇▇▇▇▇’s lien against consent to such work is required, and Landlord may elect to record and post notices of non-responsibility on the Premises or any interest thereinPremises.
Appears in 1 contract
Alterations, Additions, and Improvements. 10.1 Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions additions, or improvements which affect to the structure Premises or install any structures or equipment on the roof of the Building or which decrease the square footage any portion of the Building or which reduce the value of the Premises, in each case Common Area without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned . Tenant expressly agrees to indemnify Landlord for any and all damages resulting from or delayedcaused by Tenant penetrating the roof or exterior walls of the Premises. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at to erect or install shelves, bins and machinery, provided that Tenant complies with all times to make all other alterationsapplicable governmental laws, additions or improvements to the Building without Landlord’s prior written approvalordinances, and regulations. Tenant shall have the right to remove at the termination of this Lease, such items so installed by Tenant, provided Tenant is not be required to restore any alterations or additions permitted under this paragraph then in default; however, Tenant shall, prior to the Premises or remove improvements at termination of this Lease, repair any damage caused by such removal and, if requested by Landlord, offer Landlord (prior to such removal) sufficient security to insure Landlord that the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”proper repairs will be made. All alterations, additions or improvements made by Tenant which are permanently attached (including, without limitation, HVAC Systems, offices and improvements in and pertaining to and made part of such offices, partitions, floor coverings, etc.), together with such other property as Tenant leaves in or on the Premises at the termination of this Lease, shall become the property of Landlord at the expiration termination of this Lease; however, Tenant shall required to remove any or all alterations, additions, and improvements consented to by Landlord provided Landlord notifies Tenant in writing that such improvements will require future removal at the Termtime of Landlord's reasonable approval of such alterations and improvements, except for signs, trade fixtures, furnishings, machinery and equipment used any other property placed in or on the Premises by Tenant, and furnished by Tenant which Tenant may remove, provided Tenant repairs shall repair any damage to caused by such removal. Furthermore, no improvements contemplated by EXHIBIT "D" will reasonably require removal. The provisions of this paragraph shall survive the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor expiration or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinearlier termination of this Lease.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent consent, except for non-structural alterations which do not exceed Fifty Thousand Dollars ($50,000.00) in cost cumulatively over the Lease Term and which are not visible from the outside of Landlord, any building of which consent shall not be unreasonably withheld, conditioned or delayedthe Property is part. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithforegoing, Tenant shall have the right and privilege to install, at all times to make all other alterations, additions or improvements to the Building its sole cost and without Landlord’s prior written approval's further consent, a "wire guidance system" within the warehouse floors of the Property with such wire guidance system requiring that the floor of the warehouse be saw cut in order to accept a low voltage wire down each of the pallet rack rows and extending approximately fifteen feet (15') beyond the end of each row. Tenant shall submit plans for installation of such "wire guidance system" for review and approval by Landlord's structural engineer which approval shall not be required to restore any alterations unreasonably withheld or additions permitted under this paragraph to delayed. Tenant shall follow the Premises or remove improvements at requirements of Landlord's structural engineer for maintaining the end structural integrity of the Termwarehouse floor. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.05
(a) upon Landlord's written request and repair any damage caused by such removal. All alterations, additions additions, and improvements permitted under this paragraph or consented to shall be done in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant for use in shall give Landlord at least twenty (20) days' prior written notice of the Premisescommencement of any work on the Property, which claims are or regardless of whether Landlord's consent to such work is required. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility on the Premises or any interest thereinProperty.
Appears in 1 contract
Alterations, Additions, and Improvements. Except with respect to Tenant’s construction of the Initial Improvements and Roof Improvements pursuant to the Work Letter and as otherwise specifically provided below, Tenant shall not make any installations, alterations, additions additions, or improvements which affect the structure of the Building in or which decrease the square footage of the Building or which reduce the value of to the Premises, including, without limitation, any apertures in each case the walls, partitions, ceilings or floors (collectively, “Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications approved by Landlord. Notwithstanding the aboveforegoing, Tenant shall not without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, perform any work in or to the Premises that would (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) require changes in the electrical or mechanical components or systems of the Building determined in Landlord’s reasonable option to be material and provided adverse to the Building, (iii) diminish the value of the Premises for the Permitted Uses, or (iv) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant complies shall procure, at Tenant’s sole expense, all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all Legal Requirements applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice or any lien is placed on the Premises arising from work performed by or for Tenant, Tenant shall furnish to Landlord a bond or other security to stay enforcement of or insure over such lien, in connection therewitheither case, in the amount, form and substance reasonably acceptable to Landlord; provided, however, after posting such bond or providing such security, Tenant shall have the right to contest the validity of such lien or otherwise cause such lien to be removed from the public record. Tenant shall require all contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $1,000,000 and shall submit certificates evidencing such coverage to Landlord, upon Landlord’s request. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all times to make construction contracts and proof of payment for all other alterationslabor and materials. Tenant, additions at the time it requests approval for any proposed Alterations, may request in writing that Landlord advise Tenant whether such Alterations or improvements any portion thereof must be removed on or prior to the Building without Landlord’s prior written approvalExpiration Date, or earlier termination of the Lease. Landlord shall respond within ten (10) days of such request, or shall be deemed to have advised Tenant that such Alteration must be removed upon the Expiration Date or earlier termination of this Lease; provided, however, that Tenant shall not be required to restore any alterations or additions permitted under this paragraph remove (i) the Initial Improvements itemized as 1 through 4, inclusive, on Exhibit B-1, (ii) the Initial Improvements itemized as 5 on Exhibit B-1, to the Premises extent that the same are Usual Office Improvements (defined below), or remove (iii) any usual office improvements at such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting, but expressly excluding data and communications cabling (which Tenant is required to remove) (collectively, “Usual Office Improvements”). Notwithstanding anything to the end contrary contained in this Lease, Landlord’s consent shall not be required in connection with an Alteration that (i) will not affect the systems or structure of the Term. All alterationsBuilding, additions and improvements permitted under this paragraph (ii) will not require work to be performed inside the walls or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part above the ceiling of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are (iii) will not diminish the value of the Premises, and (iv) will not cost in excess of $25,000.00 in any single Alteration or may be secured by any mechanics’ or materialmen’s lien against $100,000.00 in the Premises or any interest thereinaggregate.
Appears in 1 contract
Alterations, Additions, and Improvements. Except for the Tenant Improvements, Tenant shall not make any alterations, additions or improvements which affect improvements, structural or otherwise (the structure "Alterations") in or to the Premises without Landlord's prior written consent. The plans and specifications for any approved Alterations shall be subject to Landlord's prior written approval and once approved, shall not be materially changed without the Landlord's prior written consent. Tenant shall provide Landlord with a copy of the Building plans and specifications for the Alterations prior to commencing construction. All Alterations shall be made promptly, in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the Premises or which decrease to Tenant's leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the square footage Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by Landlord. Unless otherwise noted in Landlord's written approval of the Building or which reduce Alteration, any Alteration shall remain and be surrendered with the value Premises on expiration of the PremisesLease. If ▇▇▇▇▇▇▇▇'s approval of the Alteration provides that the Alteration is not to be surrendered, Tenant, at its sole cost, shall remove that Alteration which is not to remain and shall repair all damage to the Premises caused by that removal. This obligation shall survive a termination of the Lease. Notwithstanding anything in each case without this Lease to the prior written consent contrary, Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of LandlordTenant. The Landlord consents/approvals required under Section 7, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.
Appears in 1 contract
Sources: Lease Agreement (Larscom Inc)
Alterations, Additions, and Improvements. Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the Premises or placement of any signs in the Premises which affect are visible from outside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesPremises (collectively, in each case “Tenant Work”), without obtaining the prior written consent of Landlord which may be withheld in Landlord, which consent shall not be unreasonably withheld, conditioned or delayed’s sole discretion. Notwithstanding the aboveforegoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and provided Tenant complies (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all Legal Requirements in connection therewithcontractors, Tenant subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall have the right at all times be subject to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. If requested by Landlord, Tenant shall not be required to restore execute a work letter for any alterations or additions permitted under this paragraph to such Tenant Work substantially in the Premises or remove improvements at the end form then used by Landlord for construction performed by tenants of the TermBuilding. All alterations, additions Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and improvements permitted under this paragraph or consented to in writing expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that such fee shall not apply to construction of any Initial Improvements. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are referred to as “Permitted Alterations”. All alterationscomplete or suitable for their intended purpose, additions or improvements made (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) or a finish schedule in the case of only cosmetic work after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which are permanently attached to may arise out of such work, plans and made part of the Premises specifications, and permits for such Tenant Work. Any and all Tenant Work, excluding furniture, personal property, and trade fixtures, shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the termination or expiration of the Termthis Lease for any reason, except for signs, trade fixtures, furnishings, machinery and equipment used in unless Landlord shall require removal or on the Premises and furnished restoration by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work. If any liens are filed, Tenant shall cause the same to be released within five (5) business days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items.
Appears in 1 contract
Sources: Lease Agreement (ADS Tactical, Inc.)
Alterations, Additions, and Improvements. (a) No alterations, additions, improvements or changes exceeding the amount of fifteen thousand dollars ($15,000) and/or requiring a building permit shall be made to the Premises unless and until the written approval of Landlord is first obtained, which approval shall not be unreasonably withheld, except Landlord shall be responsible according to this Lease to build the initial Tenant improvements. Tenant shall be directly responsible for any and all damages resulting from any of said alterations, additions, improvements and changes. Landlord may require, as a condition to granting such approval, that Tenant demonstrate and secure its ability to complete and pay for the alterations, additions, improvements and changes.
(b) Should Tenant desire to make or construct any such alterations, additions or improvements within the Premises (“Tenant’s Work”), Tenant shall first submit to Landlord two (2) sets of scale drawings prepared by a licensed architect or building designer at Tenant’s expense. The drawings shall indicate Tenant’s specific requirements for the Premises, clearly outlining in detail the Premises and the planned improvements within the Premises, including, without limitation, types of materials and colors, interior partitions, reflected ceiling plan if applicable, plumbing fixtures, and electrical plans. These drawings shall be subject to ▇▇▇▇▇▇▇▇’s approval, in its reasonable discretion. If Landlord approves Tenant’s Work, then the following subparagraphs shall apply.
(c) ▇▇▇▇▇▇ agrees, at ▇▇▇▇▇▇’s expense, to obtain and maintain public liability and worker’s compensation insurance adequate to fully protect Tenant as well as Landlord from and against any and all liability for death of or injury to person, or damage to property, arising out of or in connection with the construction of Tenant’s Work. Prior to commencement of construction, Tenant shall submit evidence of such proper insurance to Landlord.
(d) All of Tenant’s Work shall be at Tenant’s expense and shall not make damage the Project/Building, or any part thereof.
(e) Tenant shall be responsible for the repair, replacement and clean-up of any damage done by ▇▇▇▇▇▇’s contractor, including, without limitation, repair, replacement and clean-up of vehicular or pedestrian thoroughfares to the Premises which may be concurrently used by others other than Tenant.
(f) Tenant’s contractor shall keep the storage of materials and its operations within the Premises and such other space as it may be assigned by Landlord.
(g) All trash and surplus construction materials shall be stored
(h) Tenant is responsible for compliance with all applicable codes and regulations of duly constituted authorities having jurisdiction over the performance of ▇▇▇▇▇▇’s Work. ▇▇▇▇▇▇ further agrees to indemnify, defend and save Landlord harmless from and against any and all claims, demands, actions, damages, liability, costs and expenses (including, without limitation, attorneys’ fees) arising from or in connection with ▇▇▇▇▇▇’s Work.
(i) Tenant’s contractor shall not post signs on any part of the construction project or the Premises.
(j) If Tenant materially breaches any of its obligations under this Section 10.1, Landlord, at its option, shall have the right to commence and complete performance of all of Tenant’s Work and charge Tenant with all costs and expenses incurred which shall be due upon ▇▇▇▇▇▇▇▇’s demand.
(k) All alterations, additions, improvements or changes to be made to the Premises shall be under the supervision of a competent architect or competent licensed structural engineer and made in accordance with plans and specifications with respect thereto. All work with respect to any alterations, additions, improvements and changes must be done in a good and workmanlike manner and diligently prosecuted to completion. All such work shall be performed in a manner that will not interfere with the quiet enjoyment of other tenants of the Project/Building and not obstruct the access of any other tenant or occupant of the Project/Building. Prior to commencement of any such work, Tenant shall post and file, on behalf of Landlord, a notice of non-responsibility or other similar notice permitted under applicable law and shall deliver to Landlord a lien and completion bond in the amount of one hundred fifty percent (150%) of the cost of such work. Tenant will, upon completion, deliver to Landlord a copy of a recorded Notice of Completion and appropriate lien releases relative to improvements made by ▇▇▇▇▇▇. None of Tenant’s Work shall result in any mechanic’s lien being recorded against the Project/Building.
(l) All such alterations, additions, improvements and changes shall be considered improvements to the Premises and shall not be removed by Tenant, but shall be deemed attached to the realty and become a part of the Premises upon installation and shall become the property of Landlord upon expiration of the Lease term or upon sooner termination of this Lease, except for those alterations, additions, improvements and changes which Landlord demands be removed pursuant to Section 10.2. All alterations, additions, improvements, and changes shall be performed and done strictly in accordance with the laws and ordinances relating thereto.
(m) Landlord shall have the right but not the obligation to perform, on behalf of and for the account of Tenant, subject to reimbursement of the cost thereof by ▇▇▇▇▇▇, any and all of the Tenant’s Work which Landlord determines, in its sole discretion, should be performed immediately and on an emergency basis for the best interest of the Project/Building, including without limitation, work which pertains to structural components, mechanical, sprinkler and general utility systems, roofing and removal of unduly accumulated construction material and debris.
(n) Tenant shall provide and pay for all temporary utility facilities, and the removal of debris, as necessary and required in connection with the construction of the Premises. Storage of Tenant’s contractors’ construction material, tools, equipment and debris shall be confined to the Premises and in areas which may be designated for such purposes by Landlord. In no event shall any material or debris be stored on the sidewalks or service and exit corridors. During construction, Tenant shall maintain such barricades, fences or other measures as may be necessary to insure the security of the Premises and to prevent unauthorized persons from entering the Premises or any persons suffering any injury.
(o) Tenant shall cause reproducible “As-Built Drawings” to be delivered to Landlord and/or Landlord’s representative no later than thirty (30) days after the completion of the Tenant’s Work or any alterations, additions or improvements which affect permitted by Landlord in accordance with the structure terms of this Lease. In the Building or which decrease the square footage of the Building or which reduce the value of the Premisesevent these drawings are not received by such date, in each case without the prior written consent of Landlord may, at its election, cause said drawings to be obtained and Tenant shall pay to Landlord, which consent shall not be unreasonably withheldas additional rental, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end cost of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinproducing these drawings.
Appears in 1 contract
Sources: Gross Lease Agreement