Common use of ALTERATIONS AND ADDITIONS Clause in Contracts

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 3 contracts

Sources: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no not make, or suffer to be made, any alteration or addition to the Premises, or any part thereof, without the written consent of Landlord first had and obtained by Tenant, but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. If Landlord consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall be made by Landlord at Tenant’s sole cost and expense. Any modifications to the building or building systems required by governmental code or otherwise as a result of Tenant’s alterations, additions or improvements (other than any non-structural change or decorating alteration shall be made at Tenant’s sole cost and expense. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises or any Premises. All heating, lighting, electrical, air conditioning, partitioning, drapery, carpeting and floor installations made by Tenant, together with all property that has become an integral part thereof) in excess of $25,000.00the Premises, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make any damage alterations or additions, without having obtained consent from Landlord to do so, and until five (5) days from the building as a result receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and to remain posted until the removal completion of Tenant's Property. (3) If work. Tenant performs any work requiring Landlord's consent prior to the commencement of any such workshall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant’s own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic’s lien filed against the Premises in locations which or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord and Tenant. Pursuant to California Civil Code Section 1938, Landlord hereby notifies Tenant that as of the Effective Date, the Premises stating that Landlord is and Building have not responsible for undergone inspection by a “Certified Access Specialist” to determine whether the payment for such work and setting forth such other information as Landlord may deem necessary.Premises meets all applicable construction related accessibility standards under California Civil Code Section 55.53

Appears in 3 contracts

Sources: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no or allow to be made any alterations, additions or improvements (other than any non-structural change to or decorating alteration to of the Premises or any part thereof) in excess of $25,000.00, thereof without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld. Any alterations, additions or delayedimprovements to or of said Premises, including, but not limited to wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. In the event Landlord may condition its consent consents to the making of any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on Tenant, the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may same shall be removed made by Tenant at Tenant’s sole cost and expense, in a good and workmanlike manner in accordance with TUSD standards and all applicable laws (including laws relating to the use of hazardous materials such as asbestos-containing materials, all applicable building codes and the Americans with Disabilities Act) and shall be diligently completed. Upon the expiration or sooner termination of the Lease Term, Tenant shall, upon written demand by Landlord at Landlord’s sole discretion, given at least thirty (30) days prior to the end of the term of this Lease. Lease Term, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant, designated by Landlord to be removed, and Tenant agrees to restore shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the building as a result of the removal of Tenant's PropertyPremises caused by such removal. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord first had and obtained by Tenant, but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, airconditioning, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If improvements. Tenant performs any work requiring Landlord's consent prior will at all times permit such notices to be posted and to remain posted until the commencement completion of any such work. Tenant shall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic's lien filed against the Premises in locations which or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within ten (10) days after the Premises stating that filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant.

Appears in 3 contracts

Sources: Lease Agreement (Neoforma Com Inc), Lease Agreement (Transmeta Corp), Lease Agreement (Transmeta Corp)

ALTERATIONS AND ADDITIONS. (1) A. Tenant's Alterations: Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises ("Alterations"), or any part thereof) in excess of $25,000.00, without obtaining the Landlord's prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consent, which consent shall state whether or not be unreasonably withheld or delayed. Landlord may condition its consent will require Tenant to any alterations, additions or improvements upon remove such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant Alteration at the end of the term expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to restore any damage to the building as a result provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be constructed in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of Tenant's Property. the Premises (3) If excepting backup power generators or a UPS system, which Tenant performs any work requiring Landlord's consent prior shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the commencement of any such workforegoing, Tenant shall upon request deliver be entitled, without obtaining Landlord's consent, to Landlordmake Alterations which do not affect the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, certificates issued by insurance companies qualified however, that: (i) Tenant shall still be required to do business in the state where the Premises comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory subject to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged removal by Tenant at Landlord's election pursuant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that Section 6.C. above at the insurance policy may not be canceled expiration or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in earlier termination of the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryLease.

Appears in 3 contracts

Sources: Quarterly Report, Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)

ALTERATIONS AND ADDITIONS. (1) Tenant Lessee shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises said Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior express, advance written consent of Landlord, Lessor which consent shall not be unreasonably withheld or delayed; any addition or alteration to said Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Lessor to the end of the Lease Term or earlier termination of this Lease. Landlord Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, hard wall partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may condition post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its consent to special tenant improvements, all related equipment, and any alterations, additions or alterations installed by Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements upon and will notify Lessee at the time of approval if such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is improvements or alterations are to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term Lease Term or earlier termination of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant The initial tenant improvements shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified required by Lessor to be removed. Notwithstanding the above, Lessee shall have the right to make non-structural alterations costing less than Ten Thousand Dollars ($10,000.00) without 10 days' Lessors consent but only after five (5) days prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryLessor.

Appears in 3 contracts

Sources: Lease Agreement (Intertrust Technologies Corp), Lease Agreement (Intertrust Technologies Corp), Lease Agreement (Intertrust Technologies Corp)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterationsnot make, additions or improvements permit to be made, any alteration, addition or improvement (other than any non-structural change or decorating alteration individually, an “Alteration” and collectively, the “Alterations”) to the Premises or any part thereof) in excess of $25,000.00, thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. withheld; provided, however, that it shall be deemed reasonable for Landlord may condition to withhold its consent to any Alteration which conflicts with the Construction Rules and Regulations or affects the structural portions of the Premises, the Building or the Project. Construction Rules and Regulations means Landlord’s standard rules and regulations relating to construction and alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionupdated and revised from time to time. Notwithstanding the foregoing, including without limitation the manner in which the work is done and Tenant shall have the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made make Alterations to the Premises by Tenant with prior written notice to, but without the consent of, Landlord and all improvements and fixtures located on without Landlord’s review or construction monitoring, provided that such Alterations (i) do not affect the structural portions of the Premises, other than the structural components Building or the Project, (ii) materially and adversely affect the Building Systems, (iii) cannot be seen from the exterior of the Building, (iii) do not affect the roof membrane, (iv) do not cost in excess of Seventy-Five Thousand Dollars ($75,000.00) to construct and install, (v) are not Specialty Alterations as reasonably determined by Landlord, and (vi) are otherwise performed in full compliance with the remaining terms of this Paragraph 12 (“Permitted Alterations”). (b) Any Alteration to the Premises shall be made at Tenant’s sole cost and expense, in compliance with all applicable Laws and all Construction Rules and Regulations, including, but not limited to, the requirements of any insurer providing coverage for the Premises, the Building or the Project or any part thereof. All Alterations shall be completed in accordance with plans and specifications approved in writing by Landlord (except in connection with Permitted Alterations), which approval shall not be unreasonably withheld, conditioned or delayed, and shall be constructed and installed in a good and workmanlike manner by a contractor approved in writing by Landlord (except in connection with Permitted Alterations), which approval shall not be unreasonably withheld, conditioned or delayed. No review by Landlord of such plans and specifications shall be deemed to create any liability of any kind on the part of Landlord or to constitute a representation on the part of Landlord or any professional consulted by Landlord in connection with such review and approval, that such plans and specifications are correct or accurate, or comply with applicable Laws. Tenant acknowledges and agrees that Tenant, at Tenant’s expense, is responsible for performing all accessibility and other work required to be performed in the Premises in connection with the Alterations, including, but not limited to, any “path of travel” or other work inside the Premises. If any such work is required in the Common Areas or elsewhere outside of the Premises, then such work shall be the responsibility of Landlord, the cost of which shall be included in Expenses to the extent permitted by Paragraph 4 above (and subject to Landlord’s obligations set forth in Section 4.2(c) of the Work Letter). Before Alterations may begin, valid building permits and any other required permits or licenses must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord shall have the right (but not an obligation) to monitor construction of the Alterations, and to require corrections of faulty construction or any material deviation from the plans for such Alterations as approved, and, except with respect to Permitted Alterations, Tenant shall reimburse Landlord for its actual, out-of-pocket, reasonable third party costs (including, but not limited to, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation by Landlord or any person hired to perform such inspection that the work so inspected conforms with such plans or complies with any applicable Laws, and no such inspection shall give rise to a waiver of, or estoppel with respect to, Landlord’s continuing right at any time or from time to time to require the correction of any faulty work or any material deviation from such plans. (c) Tenant (or Tenant’s general contractor) shall maintain during the course of construction, at its sole cost and expense, builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition, Tenant shall ensure that its contractors procure and maintain in full force and effect during the course of construction a commercial general liability, and if necessary, an umbrella liability policy of insurance naming Landlord Insureds as additional insureds. The minimum limit of coverage of such policy shall be not less than Three Million Dollars ($3,000,000.00) per occurrence and not less than Three Million Dollars ($3,000,000.00) per project aggregate (including damage to the Premises in the amount of Three Million Dollars ($3,000,000.00), and the commercial general liability policy shall contain a separation of insureds endorsement; provided, however, that trades and categories of vendors that typically maintain lower limits of liability coverage shall be permitted to maintain such lower limits. Products and completed insurance shall continue for a period at least equal to the statute of limitations. (d) All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, but excluding Tenant’s Property, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures or Tenant’s Property. Notwithstanding the preceding sentence, Landlord reserves the right to require Tenant to remove any or all Specialty Alterations upon the expiration or earlier termination of this Lease in accordance with Paragraph 11, provided that with respect to (collectively, "Tenant's Property"i) the Tenant Improvements (as defined in Exhibit B hereto) Landlord has notified Tenant at the time Landlord approves the Final Space Plan that the same constitute Specialty Alterations and may are required to be removed by Tenant at the end expiration of the term Lease Term, and (ii) any Alterations made subsequent to the Tenant Improvements Landlord notified Tenant at the time of Landlord’s consent to such Alteration(s) (or prior to the expiration or earlier termination of this Lease. Lease with respect to any Alterations made without Landlord’s consent) that the same constitute Specialty Alterations and are required to be removed by Tenant agrees to restore any damage to at the building as a result expiration of the removal of Tenant's PropertyLease Term. (3e) If Tenant performs shall not make any work requiring Landlord's Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence such Alterations in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of the Alterations. (f) Tenant is not expressly prohibited from using non-union labor; provided, however, in no event shall Tenant, at any time prior to or during the commencement Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if it is reasonably foreseeable that such employment will cause any union labor conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Project. In the event of any such workinterference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such union labor interference or conflict to leave the Project immediately. (g) Tenant shall not use or employ materials that are susceptible to the growth of mold, particularly in areas where moisture accumulation is common. (h) All trash which may accumulate in connection with Tenant’s construction activities shall be removed by Tenant at its own expense from the Premises and the Building. (i) Promptly following completion of any Alteration, Tenant shall upon request deliver (1) furnish to LandlordLandlord “as-built” plans therefor, certificates issued by insurance companies qualified (2) cause a timely notice of completion to do business be recorded in the state Office of the Recorder of the County where the Premises are located, evidencing that Workmen's Compensationand (3) deliver to Landlord evidence of full payment and unconditional final waivers of all liens for labor, general liability insurance services, or materials. (j) Without limiting the generality of the foregoing, if Tenant desires to install wireless intranet, Internet and property damage insurance, all communications network (“Wi-Fi Network”) in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged the Premises for use by Tenant and its employees, then the same shall be subject to perform such workthe provisions of this Paragraph 12(j) (in addition to the other provisions of this Paragraph 12). All such policies Tenant shall name Landlord install, maintain and operate the Wi-Fi Network so as an additional insurednot to cause any interference with other tenants in the Project or the normal operations of the Project, including, but not limited to, interference with other communications equipment in the Project. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. FurtherShould any interference occur, Tenant shall take all necessary steps as soon as reasonably possible, and in no event later than three (3) days following such occurrence, to correct such interference. If such interference continues after such three (3) day period, Tenant shall immediately cease operating such Wi-Fi Network until such interference is corrected or remedied to Landlord’s satisfaction. Landlord makes no representation that the Wi-Fi Network will be able to receive or transmit communication signals without interference or disturbance. Tenant shall (i) be solely responsible for any damage caused as a result of the Wi-Fi Network, (ii) promptly pay any tax, license or permit fees charged pursuant to any Laws in connection with the installation, maintenance or use of the Wi-Fi Network and comply with all precautions and safeguards recommended by all governmental authorities (iii) pay for all necessary repairs, replacements to or maintenance of the Wi-Fi Network, and (iv) be responsible for any modifications, additions or repairs to the Building or the Project, including, but not limited to, Building Systems or Project systems or infrastructure which are required by reason of the installation, maintenance, repairs, operation or removal of Tenant’s Wi-Fi Network. Should Landlord be required to post notices retain professionals to research any interference issues that may arise and confirm Tenant’s compliance with the provisions of this Paragraph 12(j), Tenant shall reimburse Landlord for the costs incurred by Landlord in connection with Landlord’s retention of such professionals, the research of such interference issues, and confirmation of Tenant’s compliance with the terms of this Paragraph 12(j) within ten (10) days after the date Landlord submits to Tenant an invoice for such costs. Prior to the expiration or earlier termination of this Lease, Tenant shall remove the Wi-Fi Network from the Premises in locations which will be visible by persons performing any work on and restore the Premises stating and the Building to the same condition as before installation thereof. (k) Notwithstanding anything in this Lease to the contrary, Tenant shall not have any obligation to remove any of the Tenant Improvements (as defined in Exhibit B hereto) or any Alterations upon the expiration or earlier termination of this Lease, except for any Specialty Alterations (as hereinafter defined) and where the same are identified as such by Landlord in writing at the time Tenant requests Landlord’s consent to such improvements, or, with respect to the Tenant Improvements, when Landlord approves the Final Space Plan. In this Lease, the term “Specialty Alterations” shall mean Alterations or Tenant Improvements that Landlord is consist of the construction of improvements of a type that are unlikely to be used by future office or R&D tenants of the Premises and shall include any above- standard HVAC systems (not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryshall not include distribution).

Appears in 2 contracts

Sources: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no not make, or suffer to be made, any alteration or addition to the Premises, or any part thereof, without the written consent of Landlord first had and obtained by Tenant, but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. If Landlord consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall be made at Tenant's sole cost and expense. Any modifications to the building or building systems required by governmental code or otherwise as a result of Tenant's alterations, additions or improvements (other than any non-structural change or decorating alteration shall be made at Tenant's sole cost and expense. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises or any Premises. All heating, lighting, electrical, airconditioning, partitioning, drapery, carpeting and floor installations made by Tenant, together with all property that has become an integral part thereof) in excess of $25,000.00the Premises, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make any damage alterations or additions, without having obtained consent from Landlord to do so, and until five (5) days from the building as a result receipt of the removal of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such workimprovements, Tenant shall upon request deliver will at all times permit such notices to be posted and to remain posted until the completion of work. Tenant shall, if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensation, general liability insurance a completion and property damage insurance, all in amounts, with companies and on forms lien indemnity bond reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work in excess of $100,000. Tenant further covenants and setting forth such other information as agrees that any mechanic's lien filed against the Premises or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord may deem necessary.and Tenant. (Paragraph 9 is continued on page 12 below) 4 (Paragraph 11 is continued on page 13 below)

Appears in 2 contracts

Sources: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant a. Lessee's Alterations. Lessee shall not make no or suffer to be made any -------------------- alterations, additions additions, changes or improvements (other than any non-structural change collectively, "Alterations") to or decorating alteration to of the Premises Premises, or any part thereof) in excess of $25,000.00, thereof without obtaining the Lessor's prior written consent of Landlordconsent, which consent shall not not, except as otherwise expressly provided in the Lease, be unreasonably withheld withheld; except, however, that Lessee mar, without Lessor's prior consent but upon at least fifteen (15) days prior written notice to Lessor, make interior, non-structural Alterations to the Premises costing less than Ten Thousand Dollars ($10,000.00) per work of Alterations and not (1) requiring the demolition of any existing improvements or delayed(2) affecting the mechanical or utility systems serving the Premises or the exterior appearance of the Building. Landlord Lessor may impose, as a condition its consent to any alterationsthe aforesaid consent, additions or improvements upon such reasonable requirements as Landlord Lessor may deem necessary in its sole reasonable discretion, including without limitation limitation: the manner in which the work is done and the done; a right to approve of approval of the contractor by whom the work is to be performed. ; the times during which such work is to be accomplished; the requirement that Lessee post a payment and performance bond (2or its equivalent) All items installed in the Premises by Tenant an amount equal to one and one-half times any and all alterations estimated Alterations costs and additions otherwise in form satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work; the requirement that Lessee reimburse Lessor, as additional rent, for Lessor's reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor's consent is granted; and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to Lessor. If Lessor consents to any Alterations to the Premises by Tenant Lessee, the same shall be made by Lessee at Lessee's sole cost and expense in accordance with plans and specifications approved by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all improvements applicable laws, ordinances and fixtures located on the Premisescodes and in a first class workmanlike manner, other than and shall not weaken or impair the structural components strength or lessen the value of the Building, are shall not invalidate, diminish, or adversely affect any warranty applicable to the property of Tenant (collectivelyBuilding or any other improvements located within the Project, "Tenantincluding any equipment therein, and shall be performed in a manner causing Lessor and Lessor's Property") agents and may be removed by Tenant at the end other tenants of the term of this LeaseBuilding the least interference and inconvenience practicable under the circumstances. Tenant agrees to restore In making any damage to the building as a result of the removal of Tenantsuch Alterations, Lessee shall, at Lessee's Property.sole cost and expense: (3i) If Tenant performs File for and secure any work requiring Landlord's consent necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such workAlterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where Common Area or the Premises are located, evidencing that Workmenstructural portions of the Building or any part thereof without Lessor's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Furtherconsent, Tenant shall permit Landlord to post notices which consent may be withheld in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryLessor's sole discretion.

Appears in 2 contracts

Sources: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsbe permitted to make, additions or improvements (other than any at its sole cost and expense, non-structural change or decorating alteration alterations and additions to the Premises or any part thereof) in excess of $25,000.00, without obtaining Landlord's prior written consent provided the cost of same does not exceed $75,000 cumulatively in any twelve-month period (the "Permitted Improvements"). Tenant, however, shall first notify Landlord of such alterations or additions comprising the Permitted Improvements so that Landlord may post a Notice of Non-Responsibility on the Premises. Within ten (10) business days of Landlord's receipt of Tenant's written notice of any item comprising the Permitted Improvements, Landlord shall notify Tenant whether or not Landlord will require Tenant to remove such item(s) from the Premises upon the expiration or earlier termination of this Lease. Except for the Permitted Improvements, Tenant shall not install any signs, fixtures (excluding trade fixtures), improvements, nor make or permit any other alterations or additions to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld . If any such alteration or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionaddition is expressly permitted by Landlord, including without limitation limitation, the manner Permitted Improvements, Tenant shall deliver at least twenty (20) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. At the time that Landlord notifies Tenant of its approval or disapproval of any such request, Landlord shall advise Tenant in which the work is done and the right to approve the contractor by whom the work is to be performed. writing of those fixtures (2) All items installed in the Premises by Tenant and all excluding trade fixtures), improvements, alterations and additions made which Landlord will require Tenant to remove upon the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components expiration or earlier termination of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such workIn all events, Tenant shall upon request obtain all permits or other governmental approvals prior to commencing any of such work and deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice a copy of same to Landlord. Further, Tenant All alterations and additions shall permit Landlord to post notices in the Premises in locations which will be visible installed by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.a licensed contractor

Appears in 2 contracts

Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld withheld, but at the cost of Tenant, and any addition to, or delayedalteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. If Landlord may condition its consent consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall be made by Landlord at Tenant’s sole cost and expense. Any modifications to the Premises as a result of Tenant’s alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done shall be made at Tenant’s sole cost and the right expense. Tenant shall retain title to approve the contractor by whom the work is to be performed. (2) All items installed all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, air conditioning, partitioning, drapery, carpeting and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make any damage alterations or additions without having given at least five (5) days notice to Landlord of such alterations or additions, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. Tenant further covenants and agrees that any mechanic’s liens filed against the Premises or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) business days after the filing thereof, at the cost and expense of Tenant. Any exceptions to the building as a result foregoing must be made in writing and executed by both Landlord and Tenant. Landlord shall notify Tenant in writing, at the time of the removal of Tenant's Propertysuch consent, if any restoration shall be required to such alterations or additions. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 2 contracts

Sources: Lease Agreement (Coupa Software Inc), Lease Agreement (Coupa Software Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no not construct any alterations, improvements or additions or otherwise alter the Leased Premises (the “Alterations”) without Landlord’s prior written consent. Alterations includes any utility installation, including but not limited to alterations, improvements or additions to gas lines, water lines, ducting, power panels, fluorescent fixtures, space heaters, conduit and wiring. All Alterations shall be constructed by a licensed contractor in accordance with all Laws using new materials of good quality and shall be done at Tenant’s sole expense and in such a manner as not to unreasonably disrupt existing operations or disturb existing tenants and occupants of the Project. (other than b) Tenant shall not commence construction of any nonAlterations until: (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least ten (10) days’ prior written notice of Tenant’s intention to commence construction, and (iv) Tenant has provided to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-structural change half (1 1/2) the estimated cost of the Alterations, where the cost of the intended Alterations will exceed $50,000, to insure Landlord against any liability for mechanic’s and materialmen’s liens and to ensure completion of the Alterations. (c) Tenant shall pay, when due, all claims for labor or decorating alteration materials furnished or alleged to have been furnished in connection with the Alterations that are or may become mechanics’ or materialmen’s liens against the Leased Premises or the Project or any part thereof) interest in excess them. Tenant shall have the right to, in good faith, contest the validity of $25,000.00any lien, without obtaining claim, or demand, provided that Tenant shall, at Tenant’s sole expense, defend Landlord against the prior written consent lien, claim, or demand, and, upon the request of Landlord, which consent Tenant shall not furnish to Landlord a surety bond in an amount equal to the contested lien, claim, or demand indemnifying Landlord against liability and holding the Leased Premises, the Building, and the Project free from the effect of the lien, claim, or demand. In addition, Landlord may require Tenant to pay Landlord’s attorney fees and costs in connection with and during the course of any defense of any lien, claim or demand. Tenant shall pay and satisfy any adverse judgment that may be unreasonably withheld rendered to enforce the lien, claim, or delayeddemand against the Landlord, the Leased Premises, or the Project. In addition to any other remedy provided in the Lease, in the event Tenant fails to comply with this Section. Landlord may condition its consent require Tenant to cease all work being performed by or on behalf of Tenant and Landlord may deny access to the Leased Premises to any alterations, additions person performing work in or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation supplying materials to the manner in which the work is done and the right to approve the contractor by whom the work is to be performedLeased Premises. (2d) All items installed in the Premises by Tenant Alterations shall be and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are remain the property of Tenant during the term of this Lease but shall not be altered or removed from the Leased Premises. At the expiration or sooner termination of the term of this Lease, all Alterations shall become the property of Landlord, and Landlord shall have no obligation to reimburse Tenant for any portion of the value or cost. If Landlord advises Tenant in writing, in advance of the construction of any Alterations, that Landlord will request Tenant to remove such Alterations at the expiration of the term of this Lease, then Landlord shall have the right to require Tenant to remove any Alterations, in which event Tenant shall remove the Alterations prior to the expiration or sooner termination of the term of this Lease. (collectivelye) Tenant shall solely be responsible for making any alteration, "addition or change of any sort to the Leased Premises that is required by any Law because of: (i) Tenant's Property"’s particular use or change of use of the Leased Premises; (ii) Tenant’s application for any permit or governmental approval; or (iii) Tenant’s construction or installation of any Alterations. (f) Notwithstanding the foregoing, personal property, business and trade fixtures, cabinetwork, furniture, movable partitions, machinery and equipment, other than that which is affixed to the Leased Premises, shall remain the property of Tenant and may be removed by Tenant subject to the provisions of this Lease concerning the Surrender of the Leased Premises, at the end of any time during the term of this Lease. Lease when Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryin default.

Appears in 2 contracts

Sources: Industrial Lease, Industrial Lease (Sunpower Corp)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change major alteration or decorating alteration addition to the Premises said Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of LandlordLandlord first had and obtained, which consent shall will not be unreasonably withheld or delayed, based upon Tenants delivering to Landlord the proposed architectural and structural plans for all such alterations; any addition or alteration to the said Premises except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord unless otherwise agreed between Landlord and Tenant. Alterations and additions which are not to be deemed as trade fixtures shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other installation which has become an integral part of the Premises. After having obtained Landlord's consent, Tenant agrees that it will not proceed to make such alterations or additions, until three (3) days from the receipt of such consent, in order that Landlord may condition its consent post appropriate notices to avoid any alterationsliability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. Tenant acknowledges Landlord's right to and hereby consents to construction of additional Buildings and improvements in the Building, additions or improvements upon such reasonable requirements on the Land where the Building is situated, in the Project and on adjacent land owned by Landlord subject; always, to recalculation of Tenants Allocable share of Costs as Landlord may deem necessary set forth below. Anything to the contrary in its reasonable discretionthe foregoing notwithstanding, including without limitation the manner in which the work is done and Tenant shall have the right to approve make improvements or alterations to the contractor by whom Premises upon notice to Landlord if such alterations or improvements do not cause any major alteration to the work is to be performedappearance of the Building or any material alteration in the electrical, heating, air conditioning, ventilation or plumbing systems of the Building and, in any case, cost less than Twenty-Five Thousand and No/100 Dollars ($25,000.00). (2a) All items installed incurred by Landlord because the cost is not directly allocable to or payable by a single tenant in the Premises by Tenant and all alterations and additions made to Building or the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this LeaseProject. Tenant agrees to restore any damage to the building pay Tenants Allocable Share as a result defined in paragraph 1.1.(b) of the removal Common Area Costs, as additional rental, within thirty (30) days of Tenant's Propertywritten invoice from Landlord. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 2 contracts

Sources: Lease Agreement (8x8 Inc), Lease Agreement (8x8 Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsbe permitted to make, at its sole cost and expense, alterations and additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, without obtaining Landlord’s prior written consent, (the “Permitted Improvements”). Tenant, however, has already informed and notified Landlord of such alterations or additions (see Attachment 1) for preparing Parcel A for production purposes. Landlord explicitly acknowledges and agrees to these Permitted Improvements. Upon the expiration or earlier termination of this Lease, Tenant shall remove, at its own cost and expense, all Permitted Improvements made by it and restore the Premises to its condition as of the commencement of the term of this Lease, ordinary wear and tear and damage by casualty excepted, unless Landlord shall agree in writing with Tenant to allow such Permitted Improvements or a designated portion thereof, to remain. Tenant shall also remove upon expiration or earlier termination, at its own cost and expense, all of its equipment, including any equipment previously acquired by Tenant from Landlord. Except for the Permitted Improvements, Tenant shall not Install any signs, fixtures, improvements, nor make or permit any other alterations or additions to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed. If any such alteration or addition is expressly permitted by Landlord, Tenant shall deliver at least twenty (20) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord may condition its consent to post a Notice of Non-Responsibility, in all events, Tenant shall obtain all permits or other governmental approvals prior to commencing any alterations, additions or improvements upon of such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right deliver a copy of same to approve the contractor by whom the work is to be performed. (2) Landlord. All items installed in the Premises by Tenant and all alterations and additions made shall be installed by a licensed contractor approved by Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, at Tenant’s sole expense in compliance with all Laws (including, but not limited to, the ADA as defined herein), Recorded Matters, and Rules and Regulations, applicable after Commencement Date. According to Attachment1, Tenant has already informed Landlord of its contractors for Permitted improvements to be done at Parcel A. Tenant shall keep the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where on which the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessarybehalf of Tenant.

Appears in 2 contracts

Sources: Lease Agreement (Catalytica Energy Systems Inc), Lease Agreement (Renegy Holdings, Inc.)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00not, without obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion, make any material alterations, improvements, remodeling or additions to the Premises. The term “material” shall not be unreasonably withheld mean any alteration, improvement, remodeling, or delayedadditions, the cost of which exceed Twenty-five Thousand Dollars ($25,000.00). Landlord may condition any approval upon such requirements as Landlord reasonably deems appropriate, including requirements as to the manner in which, the time at which and the contractor(s) by whom such work shall be done. (b) If Landlord delivers written notice to Tenant to remove from record any lien related to work or materials furnished to or obligations incurred on behalf of Tenant, then within twenty (20) days after delivery of such notice, Tenant shall remove from record, by bonding or otherwise, such lien. Tenant shall discharge any such lien of record immediately upon its consent filing. Landlord may keep posted on the Premises any notices it deems necessary for protection from such liens. If any lien is not removed from record, by bonding or otherwise, within the twenty (20) day period specified in the first sentence of this Section 6.06(b), Landlord may cause such liens to be released by any means it deems proper, including payment, at Tenant’s expense and without affecting Landlord’s rights. (c) All alterations, improvements, remodeling, additions or improvements upon such reasonable requirements as Landlord fixtures, other than trade fixtures not permanently affixed to the Premises, which may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items made or installed in the Premises by Tenant and all alterations and additions made which are attached to the Premises by Tenant and all improvements and fixtures located on the Premisesfloor, other than the structural components walls or ceiling of the Building, are Premises and any floor covering which is cemented or otherwise affixed to the floor of the Premises shall be the property of Tenant (collectively, "Tenant's Property") Landlord and may shall remain upon and be removed by Tenant surrendered with the Premises at the end of the term termination of this Lease. lease, unless Landlord shall direct Tenant agrees to restore any damage remove such items, or some of them, by written notice given to the building as a result of the removal of Tenant's Property. Tenant not less than thirty (330) If Tenant performs any work requiring Landlord's consent days prior to the commencement expiration of this lease or within ten (10) days after the earlier termination hereof. Tenant shall remove any such workitems, Tenant shall upon request deliver at Tenant’s cost, prior to Landlordthe expiration of this lease, certificates issued by insurance companies qualified to do business or in the state where the Premises are locatedevent of an early termination, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to within ten (10) days after Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary’s notice.

Appears in 2 contracts

Sources: Lease (Guess Inc), Lease (Guess Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not, without Landlord’s prior written consent, make no any alterations, additions improvements, additions, utility installations or improvements repairs (other than any non-structural change hereinafter collectively referred to as “Alterations”) in, on or decorating alteration to about the Premises or the Property. Alterations shall include, but shall not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Landlord agrees (i) that it will endeavor to respond within ten (10) business days after receipt of any part thereofrequest for consent to any cosmetic alterations (such as, but not limited to, changes in carpet, wall coverings or painting), and (ii) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which that its consent shall not be unreasonably withheld or delayeddelayed as to non-structural Alterations proposed by Tenant that do not affect the electrical, mechanical or plumbing systems of the Building or the Premises. Landlord may condition its If Tenant so requests at the time that Tenant requests Landlord’s consent to any alterationssuch Alteration, additions Landlord shall advise Tenant (at the time of giving such consent) of those Alterations that Tenant must remove at the expiration or earlier termination of the Term, and the restoration of the Premises and the Building to their prior condition, at Tenant’s expense. If a work letter agreement is entered into by Landlord and Tenant, Tenant shall not be obligated to remove the tenant improvements upon such reasonable requirements as Landlord may deem necessary constructed in its reasonable discretion, including without limitation the manner in which accordance with the work letter agreement, except to the extent provided therein. If, as a result of any Alteration made by Tenant, Landlord is done obligated to comply with the Americans With Disabilities Act or any other law or regulation and such compliance requires Landlord to make any improvement or alteration to any portion of the Building or the Office Park, as a condition to Landlord’s consent, Landlord shall have the right to approve require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. In the case of any Alteration, Tenant shall pay to Landlord an amount sufficient to compensate Landlord for the overhead and other costs it incurs in reviewing the plans for the Alterations and in monitoring the construction of the Alterations. Should Landlord permit Tenant to make its own Alterations, Tenant shall use only such contractor as has been expressly approved by whom Landlord, which approval shall not be unreasonably withheld. Should Tenant make any Alterations without the work is prior approval of Landlord, or use a contractor not expressly approved by Landlord, Landlord may, at any time during the term of this Lease, require that Tenant remove all or part of the Alterations and return the Premises to be performedthe condition it was in prior to the making of the Alterations. In the event Tenant makes any Alterations, Tenant agrees to obtain or cause its contractor to obtain, prior to the commencement of any work, “builders all risk” insurance in an amount reasonably approved by Landlord and workers compensation insurance. (2b) All items installed Any request for Landlord’s consent to Alterations in or about the Premises that Tenant shall desire to make shall be presented to Landlord in written form, with plans and specifications which are sufficiently detailed to obtain a building permit (if and to the extent necessary in light of the Alterations being proposed). If Landlord consents to an Alteration, the consent shall be deemed conditioned upon Tenant acquiring a building permit (if necessary) and any other licenses, permits, approvals or authorizations required therefor from the applicable governmental agencies, furnishing copies thereof to Landlord prior to the commencement of the work, and compliance by Tenant with all conditions of said permits, licenses, approvals and authorizations in a prompt and expeditious manner. Tenant shall provide Landlord with as-built plans and specifications for any Alterations made to the Premises. (c) 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 any mechanic’s or materialmen’s lien against the Premises or the Office Park, or any interest therein. If Tenant shall, in good faith, contest the validity of any such lien, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the amount of such contested lien claim indemnifying Landlord against liability arising out of such lien or claim. Such bond shall be sufficient in form and amount to free the Property from the effect of such lien. In addition, Landlord may require Tenant to pay Landlord’s reasonable attorneys’ fees and costs in participating in such action. (d) Tenant shall give Landlord not less than ten (10) days’ advance written notice prior to the commencement of any work in the Premises by Tenant Tenant, and all alterations and additions Landlord shall have the right to post notices of non-responsibility in or on the Premises or the Property. (e) All Alterations (whether or not such Alterations constitute trade fixtures of Tenant) which may be made to the Premises by Tenant shall be paid for by Tenant, at Tenant’s sole expense (except as otherwise provided in Section 7.2(f) below), and all improvements shall be made and fixtures located on done in a good and workmanlike manner and with new materials satisfactory to Landlord, and such Alterations shall be the Premisesproperty of Landlord and remain upon and be surrendered with the Premises at the expiration of the Lease Term, unless Landlord requires their removal pursuant to Section 7.3(a). Tenant’s personal property and equipment, other than that which is affixed to the structural components of Premises so that it cannot be removed without material damage to the BuildingPremises or the Property, are shall remain the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at subject to the end provisions of Section 7.2(b). (f) Landlord acknowledges that Tenant may desire to make certain alterations or improvements in the term Premises to make the same more suitable for Tenant’s occupancy. Such alterations or improvements may include tenant improvements to the Premises, installation of fixtures (excluding furniture and equipment) in the Premises, and architectural and engineering expenses in connection therewith. All such work shall be undertaken by Tenant in strict accordance with the applicable requirements of this Lease, including without limitation the foregoing provisions of this Section 7.3. To the extent that (i) such work is completed in accordance with such requirements on or before the eighteenth (18th) monthly anniversary of the Commencement Date, and (ii) receipted invoices (and other material required under this Section 7.3 such as, but not limited to, lien waivers) showing the actual cost thereof are presented to Landlord on or before the twentieth (20th) monthly anniversary of the Commencement Date, and (iii) at the time of each advance of funds, there then exists no Event of Default on the part of Tenant under this Lease (nor any event or circumstance which, with the passage of time or the giving of notice, or both, would constitute an Event of Default), Landlord shall reimburse Tenant, within thirty (30) days after receipt of all such invoices (together with lien waivers for all costs theretofore billed), for costs actually incurred by Tenant, as evidenced by such invoices, but in no event shall Landlord be obligated to reimburse Tenant more than an amount equal to Landlord’s Contribution. For purposes hereof, “Landlord’s Contribution” shall be an amount equal to the sum of $7.50 per square foot of Rentable Area (or $96,247.50). Tenant agrees to restore any damage may submit requests for reimbursement of such costs not more often than monthly and, to the building as a result of the removal of Tenant's Property. (3) If extent that Tenant performs any work requiring Landlord's consent prior to the commencement has not requested reimbursement of any such workhard costs on or before the twentieth (20th) monthly anniversary of the Commencement Date, Landlord shall have no further obligation to reimburse Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work costs. Up to one-half of the total amount of the amounts advanced hereunder may be requested to reimburse so-called “soft costs” associated with Tenant’s alterations hereunder, including without limitation architectural and setting forth such other information engineering fees and costs. For purposes hereof, the costs of moving Tenant’s operations to the Premises, as Landlord may deem necessarywell as the cost of wiring fifteen (15) workstations, and for wiring for Tenant’s security system (and the costs of increasing HVAC or electrical capacity for Tenant’s server room) shall be considered “hard costs.

Appears in 2 contracts

Sources: Lease Agreement (NameMedia, Inc.), Lease Agreement (NameMedia, Inc.)

ALTERATIONS AND ADDITIONS. (1a) Tenant agrees that no tenant improvements are necessary and Tenant hereby accepts the Premises on an as is basis. (b) Tenant shall not, without the Landlord's prior written consent, make no any alterations, improvements or additions in or improvements (other than any about the Premises except for non-structural change work. As a condition to giving any such consent, the Landlord may reserve the right to require the Tenant to remove any such alterations, improvements, or decorating alteration additions at the expiration of the term, and to restore the Premises to their prior condition by giving Tenant thirty (30) days written notice prior to the expiration of the term that Landlord requires Tenant to remove any such alterations, improvements or additions that Tenant has made to the Premises. If Landlord so elects, Tenant at its sole cost shall restore the Premises to the condition designated by Landlord in its election before the last day of the term of the Lease. Before commencing any work relating to the alterations, additions, or improvements affecting the Premises, Tenant shall notify Landlord in writing of the expected date of the commencement of such work so that Landlord can post and record the appropriate notices of non-responsibility to protect Landlord from any mechanic's liens, materialman liens, or any other liens. In any event, Tenant shall pay, when due, all claims for labor and materials furnished to or for Tenant at or for use in the Premises. Tenant shall not permit any mechanic's liens or materialman'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 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. Tenant shall have the right to protest the validity of any such lien if, onwithin thirty (30) days after demand by Landlord, Tenant procures and records a lien release bond meeting the requirements of Minnesota law and shall provide for the payment of any sum that the claimant may recover on the claim (together with the costs of suit, if it is recovered in the action). Unless the Landlord requires their removal as set forth above, all alterations, improvements or additions which are made on the Premises by the Tenant shall become the property of the Landlord and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this paragraph, Tenant's trade fixtures, furniture, equipment and other machinery, other than that which is affixed to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall so that it cannot be unreasonably withheld removed without material or delayed. Landlord may condition its consent structural damage to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are shall remain the property of the Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end expiration of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 2 contracts

Sources: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant Lessee shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00not, without obtaining the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld at Lessor's sole discretion, make any alterations, improvements, or delayedadditions to the premises. Landlord may condition Notwithstanding Lessor's consent to any alteration, improvement or addition to the premises, Lessor shall retain the option, upon the termination of this Lease, of requiring Lessee, at its consent sole cost and expense, to remove any or all of said alterations, improvements or additions and repair all the damage caused by such removal. If Lessor consents to any alterations, improvements, or additions, Lessor may impose such conditions with respect thereto as Lessor deems appropriate, including, without limitation, requiring Lessee to furnish Lessor with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the premises, whether prior to or improvements upon subsequent to the Commencement Date, shall be done at Lessee's expense by contractors hired by Lessor, or the Company, except to the extent Lessor gives its prior written consent to Lessee's hiring its own contractors, which consent shall be solely within Lessor's discretion. If Lessor shall so desire, Lessee shall submit to Lessor's or the Company's reasonable supervision of Lessee's work at Lessee's expense. Lessee shall also pay Lessor for all other costs and expenses arising in connection with such reasonable requirements work, including, without limitation, additional janitorial, elevator, security, and utility expense. Lessee shall promptly pay to Lessor, the Company, or the Lessee's contractors, as Landlord the case may deem necessary in its reasonable discretionbe, including without limitation when due, the manner in which the work is done cost of all such work, supervision, and the right to approve the contractor by whom the work is to be performedother charges. (2b) All items installed Upon completion of such work, or from time to time as Lessor may reasonably require, Lessee shall deliver to Lessor, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services, or materials all in form satisfactory to Lessor. Lessee shall defend and hold Lessor harmless from all costs, damages, liens and expenses related to such work Lessee further covenants and agrees not to suffer or permit any mechanics or materialmen liens or any other liens to be placed against the Premises by Tenant Building or premises with respect to work or services claimed to have been performed for, or materials claimed to have been furnished to, the Lessee or the premises. If any lien shall at any time be filed against the Building or premises in connection with such work, services, or materials, Lessee shall immediately cause it to be released and all alterations removed of record. If Lessee fails to do so, Lessor may, at Lessor's option, cause the same to be released and additions made to removed of record using funds from the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term security deposit provided for in Paragraph 6 of this Lease. Tenant agrees If such funds are insufficient for such purpose, Lessor may, at Lessor's option, advance such additional funds for such purpose. In addition to restore Lessee's obligation to replenish the security deposit as provided in ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ shall immediately, upon demand, pay Lessor the amount of any damage to the building as a result of the removal of Tenant's Propertysuch additional funds so advanced. (3c) If Tenant performs any All work requiring Landlord's consent prior done by Lessee, or its contractors, pursuant to the commencement this Lease shall be done in a first-class workmanlike manner using only good grades of any such workmaterials, Tenant and shall upon request deliver to Landlord, certificates issued by comply with all insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance requirements and property damage insurance, all in amounts, with companies applicable laws and on forms reasonably satisfactory to Landlord, are in full force ordinances and effect rules and maintained by all contractors and subcontractors engaged by Tenant to perform such workregulations of governmental departments or agencies. All such policies work shall name Landlord be performed so as an additional insurednot to interfere with or impair the use and enjoyment of the Building by Lessor and other tenants, and Lessor may require all or a portion of such world be performed outside business hours. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice Subject to Landlord. Further, Tenant shall permit Landlord to post notices Lessor's option contained in the Premises second sentence of subparagraph a) of this Paragraph 13, all additions, alterations, fixtures, and improvements (temporary or permanent) in locations which will and upon the premises, whether installed by Lessee or Lessor, shall become Lessor's property, and shall remain upon, and be visible surrendered with the premises without disturbance or injury upon the termination of this Lease by persons performing any work on the Premises stating that Landlord is not responsible for the lapse of time or otherwise, all without payment for such work and setting forth such other information as Landlord may deem necessaryor credit to Lessee.

Appears in 2 contracts

Sources: Lease Agreement (Kids Stuff Inc), Lease Agreement (Havana Group Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not make no alterationsany alterations to any structural component of any Building (including, additions but not limited to exterior walls, foundations and roof), or improvements (other than utility installations on or about any non-structural change or decorating alteration to Premises without the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior express written consent of the Landlord; provided, however, that the Landlord will not unreasonably delay or withhold consent. As used in this section, the term "utility installations" shall include ducting, power plants, space heaters, conduit, and wiring. (b) Landlord shall have the right to approve any contractors or sub-contractors for work on any Leased Property which is reasonably expected to exceed $50,000.00, which consent approval shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performedwithheld. (2c) All items installed in the Premises by Tenant alterations, changes, additions, improvements, and all alterations and additions utility installations (whether or not such utility installations constitute fixtures of Tenant) which may be made to any Leased Property, shall at the Premises expiration or earlier termination of this Lease, become the property of the Landlord and remain upon and be surrendered with the Leased Property. The Equipment, inventory and any other personal property, to the extent owned by Tenant and all improvements and fixtures located on the PremisesTenant, other than the structural components of the Buildingthat which is affixed to any Building or Premises so that it cannot be removed without material damage to such Building or Premises, are shall remain the property of Tenant (collectivelythe Tenant, "Tenant's Property") and may be removed by the Tenant subject to the provisions in Section 7.2, at the end of any time during the term of this Lease. Lease when Tenant agrees to restore is not in default of any damage to the building as a result of the removal provisions of Tenant's Propertythis Lease. (3d) If Tenant performs any work requiring LandlordLandlord shall be deemed to have given its consent to a request pursuant to this Section 7.4 if it fails to respond to Tenant's consent prior written request within fifteen (15) days after receipt thereof and if the request states on its face that failure to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business respond in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which a fifteen (15) day period will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessarydeemed to be a consent.

Appears in 2 contracts

Sources: Lease (Amerus Life Holdings Inc), Lease (Amerus Life Holdings Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no any alterations, improvements, or additions to the Premises without the prior written consent and approval of plans therefor by Landlord, which approval shall not be unreasonably withheld; provided, however, that Landlord’s consent shall not be required for strictly cosmetic alterations that do not affect the structure of the Building. Except as otherwise provided in the Work Letter with respect to the plans for the Initial Alterations, Landlord shall have thirty (30) days after submission of such plans by Tenant to approve or disapprove of them in writing. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s expense using contractors selected by Tenant and reasonably approved by Landlord, Tenant shall promptly pay the cost of all such work. Alterations, improvements or additions so made by either of the parties upon the Premises, except trade fixtures, the HVAC System (the removal of which shall be governed by Exhibit “D” Special Provision I), moveable furniture and equipment placed in the Premises at the expense of Tenant, shall be and become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease, without disturbance, molestation, injury or damage, unless Landlord elects, at the time Tenant requests Landlord’s consent to the alteration, improvement or addition to require Tenant to remove any or all such alterations, improvements or additions from the Premises, in which event Tenant, at Tenant’s sole cost and expense, shall remove, not later than the termination of the Lease, all such designated alterations or improvements (other than including, without limitation, the removal of any non-structural change wiring and/or cabling installed by, at the request of or decorating alteration for the benefit of Tenant in the Project) in a good, workmanlike manner, repairing and restoring the Premises to the condition existing therein prior to the construction of such alterations or improvements, free and clear of all liens and encumbrances. In the event damage to the Premises or any part thereof) the Building shall be caused by moving said furniture and equipment in excess or out of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may said damage shall be removed by Tenant promptly repaired at the end cost of the term of this LeaseTenant. Tenant agrees shall deliver to restore any damage to the building as a result of the removal of Tenant's Property. Landlord (3i) If Tenant performs any work requiring Landlord's consent all required permits and approvals prior to the commencement of any such workalterations, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where improvements and/or additions; and (ii) “as-built” drawings of the Premises are locatedshowing any alterations, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory improvements or additions to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on within thirty (30) days following completion of such alterations, improvements or additions to the Premises stating that Landlord is not responsible for or thirty (30) days prior to the payment for such work and setting forth such other information as Landlord may deem necessaryexpiration of the Term of this Lease, if earlier.

Appears in 2 contracts

Sources: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)

ALTERATIONS AND ADDITIONS. (1) A. Tenant's Alterations': Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises ("Alterations"), or any part thereof) in excess of $25,000.00, without obtaining the Landlord's prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the Buildings, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consent, which consent shall state whether or not be unreasonably withheld or delayed. Landlord may condition its consent will require Tenant to any alterations, additions or improvements upon remove such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant Alteration at the end of the term expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to restore any damage to the building as a result provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be constructed in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of Tenant's Property. the Premises (3) If excepting backup power generators or a UPS system, which Tenant performs any work requiring Landlord's consent prior shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the commencement of any such workforegoing, Tenant shall upon request deliver be entitled, without obtaining Landlord's consent, to Landlordmake Alterations which do not affect the structure of the Buildings and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, certificates issued by insurance companies qualified however, that: (i) Tenant shall still be required to do business in the state where the Premises comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory subject to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged removal by Tenant at Landlord's election pursuant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that Section 6.C. above at the insurance policy may not be canceled expiration or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in earlier termination of the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryLease.

Appears in 2 contracts

Sources: Quarterly Report, Lease Agreement (Verisign Inc/Ca)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which Landlord first had and obtained by Tenant. Landlord agrees that such consent shall not be unreasonably withheld withheld. However, Landlord may withhold its consent in its sole discretion if any proposed alteration will affect the structural integrity or delayedsafety of the building, or its electrical, plumbing, heating/ventilation/air conditioning, mechanical or life safety systems. Tenant shall furnish complete plans and specifications for the desired alterations. Tenant shall pay to Landlord, upon demand, a review fee in the amount of five percent (5%) of the construction cost of alterations to compensate Landlord for the cost of review and approval of the plans and specifications, and for additional administrative costs incurred in monitoring the construction of the alterations. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors, laborers, materialmen and suppliers proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, air conditioning, partitioning, draperies, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are shall not be deemed trade fixtures but shall become the property of Tenant (collectively, "Tenant's Property") Landlord immediately upon construction or installation and may not be removed by Tenant at the end of the term of this LeaseTenant. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained written consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result contractors, laborers, materialmen or suppliers for payment for Tenant's improvements. Subsequent to obtaining Landlord's written consent and prior to commencement of construction of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such workalterations, Tenant shall upon request deliver to Landlord a copy of the building permit. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. Tenant shall, if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled any mechanic's lien, stop notice or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in other lien filed against the Premises in locations which or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within ten (10) days after the Premises stating that filing thereof, at the sole cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant.

Appears in 2 contracts

Sources: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no or suffer to be made any alterations, additions or improvements (other than any non-structural change collectively, "Alterations") to or decorating alteration to of the Premises or any part thereof) in excess thereof which requires any modification to any structural or foundation component of $25,000.00, the Premises without obtaining the prior written consent of LandlordLandlord first had and obtained, which consent shall will not be unreasonably withheld withheld, conditioned or delayed. Landlord may condition its consent to , and any alterations, additions or improvements upon such reasonable requirements as to or of said Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall, on the expiration of the term, become a part of the realty and belong to the Landlord may deem necessary in its reasonable discretion, including without limitation and shall be surrendered with the manner in which Premises. In the work is done and event Landlord consents to the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made making of any Alterations to the Premises by Tenant and all improvements and fixtures located on Tenant, the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may same shall be removed made by Tenant at Tenant's sole cost and expense, and any contractor or person selected by Tenant to make the end same, must first be approved of in writing by the Landlord, which will not be unreasonably withheld, conditioned or delayed. Landlord shall, at the time it consents to the making of any Alterations, notify Tenant in writing, whether Tenant shall be allowed to leave such Alterations in the Premises or be required to remove such Alterations from the Premises upon the expiration or earlier termination of the term Term hereof. In the case of this Lease. Landlord's requiring the removal of such Alterations, Tenant agrees shall, upon the written demand by the Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence, remove such Alterations which have been designated by the Landlord to restore be removed, and repair any damage to the building as a result of the removal of Tenant's PropertyPremises caused by such removal. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 2 contracts

Sources: Lease (Hei Inc), Lease (Colorado Medtech Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not, without landlord’s prior written consent, make no any alterations, additions additions, improvements or improvements (other than any non-structural change utility installations in, on or decorating alteration to about the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent Premises. Consent shall not be unreasonably withheld or delayedwithheld. The term “utility installations” shall include ducting, power panels, fluorescent fixtures, space heaters, conduit and wiring. As a condition to giving such consent, Landlord may condition its consent require that Tenant agree to remove any such alterations, additions additions, improvements or improvements upon utility installations at the expiration of the term and to restore the Premises to their prior condition. As a further condition to giving such reasonable requirements as consent, Landlord may deem necessary require Tenant to provide Landlord, at Tenant’s sole cost and expense, a lien and completion bond in its reasonable discretionthe amount equal to one and one-half times the estimated cost of such improvements, including without limitation to insure Landlord against any liability for mechanics’ and material man’s liens and to insure completion of the manner in which the work is done and the right to approve the contractor by whom the work is to be performedwork. (2b) All items installed in Unless Landlord requires their removal, as set forth above, all alterations, additions, improvements and utility installations (whether or not such utility installations constitute trade fixtures of Tenant), that may be made on the Premises by Tenant shall, at the expiration or earlier termination of the Lease, become the property of Landlord and all alterations remain upon and additions made be surrendered with the Premises. Notwithstanding the provisions of this section, personal property, business and trade fixtures, cabinetwork, furniture, movable partitions, machinery and equipment, other than that which is affixed to the Premises by Tenant and all improvements and fixtures located on so that it cannot be removed without material damage to the Premises, other than the structural components of the Building, are shall remain the property of the Tenant (collectively, "Tenant's Property") and may be removed by Tenant subject to the provisions of Section 9, at the end of any time during the term of this Lease. Lease when Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryin default.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

ALTERATIONS AND ADDITIONS. (1a) Tenant Lessee may, at its expense, (x) after not less than forty-five days written notice to Lessor of its plans (provided, however, that no such notice shall be required as to plans for work the estimated cost of which is less than $500,000), make no alterations, additions or improvements (other than any non-structural additions to and alterations of the Improvements to the Leased Premises, and make non-structural substitutions and replacements therefor, provided, that (i) the use, structural integrity and market value of the Leased Premises shall not thereby be materially lessened as certified in writing by an appropriate officer of Lessee, and (ii) such actions shall be performed in a good and workmanlike manner; and (y) after not less than forty-five days written notice to Lessor of its plans, make structural additions to and alterations of the Improvements to the Leased Premises, and make structural substitutions and replacements therefor, provided that (i) such actions shall be performed in a good and workmanlike manner under the supervision of a licensed architect or engineer in accordance with plans and specifications as approved by Lessor and accepted by Lessee, (ii) no such structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, without obtaining the shall be made unless Lessor's prior written consent shall have been obtained, (iii) none of Landlordthe buildings or structures constituting the Leased Premises shall be demolished unless Lessee shall have first furnished Lessor with such surety bonds or other assurances acceptable to Lessor as shall be necessary to assure rebuilding of the Leased Premises and unless Lessor's prior written consent shall have been obtained, which and (iv) such additions, alterations, substitutions and replacements shall be expeditiously completed in compliance with all Legal Requirements (as defined in paragraph 7(b)) and Required Insurance (as defined in paragraph 13(a)); provided that Lessor shall not withhold its written consent to Lessee's plans, including plans and specifications, under this clause (y) if and so long as the use, structural integrity and market value of the Leased Premises shall not be unreasonably withheld materially lessened by such plans as certified in writing by an appropriate officer of Lessee. Lessee shall promptly pay all costs and expenses of each such addition, alteration, substitution or delayedreplacement, discharge all liens arising therefrom and procure and pay for all permits and licenses required in connection therewith. Landlord may condition its Failure by Lessor to give written approval or disapproval within forty-five days of receipt of such notice from Lessee under clause (y) shall be deemed Lessor's consent to any alterations, such plans. All such alterations and additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation to the manner in which Improvements shall be and remain part of the work is done realty and the right property of Lessor and subject to approve the contractor by whom the work is to be performedthis Lease. (2b) All Lessee may, at its expense, install, assemble or place any items installed in of trade fixtures, machinery, equipment or other personal property upon the Premises by Tenant Leased Premises. Such trade fixtures, machinery, equipment or other personal property shall be and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are remain the property of Tenant (collectively, "Tenant's Property") Lessee and Lessee may be removed by Tenant remove the same from the Leased Premises at any time prior to the end of the term termination of this Lease. Tenant agrees to restore , provided that (i) Lessee shall repair any damage to the building as a result Leased Premises resulting from such removal, and (ii) such removal shall not materially impair the value and use of the removal of Tenant's PropertyLeased Premises. (3c) If Tenant performs any work requiring Landlord's consent Lessee may, at its expense, upon 45 days prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. FurtherLessor, Tenant shall permit Landlord to post notices in construct improvements on any portion of the Premises in locations Land Parcel on which will be visible by persons performing any work on the Premises stating that Landlord there is not responsible already a permanent structure for which improvements it has not and will not obtain reimbursement pursuant to paragraph 15 hereof (Lessee's Improvements), provided that upon completion thereof, the payment for such work use and setting forth such other information as Landlord market value of the remaining Leased Premises shall not thereby be materially lessened. The Lessee's Improvements shall be and remain the property of Lessee and Lessee may deem necessarymake additions and alterations to Lessee's Improvements and substitutions and replacements thereof which are otherwise in compliance with the provisions of this subparagraph (c).

Appears in 2 contracts

Sources: Lease Agreement (Lincoln National Corp), Lease Agreement (Lincoln National Corp)

ALTERATIONS AND ADDITIONS. (1) Tenant 9. Lessee shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereofthereof (collectively “Alterations”) in excess of $25,000.00, without first obtaining the prior written consent of Landlordthe Lessor, which consent shall not be unreasonably withheld withheld, conditioned or delayed. Landlord All Alterations shall be in accordance with plans and specifications approved by Lessor, which shall not be unreasonably withheld, conditioned or delayed, and shall be carried out by a reputable licensed contractor and in compliance with all applicable laws, codes, rules and regulations. The Lessor may impose as a condition its to the aforesaid consent to any alterations, additions or improvements upon such reasonable additional requirements as Landlord Lessor may deem necessary in its Lessor’s sole but reasonable discretion, including without limitation requirements respecting the manner in which the work is done and the done, Lessor’s right to approve of approval of the contractor by whom the work is to be performed. (2) All items installed in , and the Premises by Tenant and all alterations and additions made times during which it is to be accomplished. Notwithstanding the foregoing, Lessee shall be allowed to make improvements to the Premises by Tenant and all of up to $25,000 per year in costs, provided such improvements and fixtures located (a) are non-structural in nature, (b) will have no affect on the PremisesBuilding Systems and do not require a building permit, other than (c) would be in compliance with all applicable Laws, and (d) would not be visible from outside the structural components Building. Upon written request of Lessor prior to the expiration or earlier termination of the BuildingLease, are Lessee will remove any or all Alterations installed by or for Lessee. Upon Lessee’s request at the time Lessee seeks consent for Alterations, Lessor shall provide written notice to Lessee of its restoration requirements, and Lessee shall remove any Alterations timely designated by Lessor for removal upon the expiration or earlier termination of this Lease. All Alterations not specified to be removed shall at the expiration of earlier termination of the Lease become the property of Tenant (collectivelythe Lessor and remain upon and be surrendered with the Premises. All movable furniture, "Tenant's Property") business and trade fixtures, and machinery and equipment shall remain the property of the Lessee and may be removed by Tenant the Lessee at any time during the end Lease term. Items which are not to be deemed as movable furniture, business and trade fixtures, or machinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other installation which has become an integral part of the term of this LeasePremises. Tenant agrees to restore any damage to The Lessee will give the building as a result of the removal of Tenant's Property. Lessor five (35) If Tenant performs any work requiring Landlord's consent business days notice prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such Alterations work and setting forth such other information as Landlord may deem necessarywill at all times permit notices of non-responsibility to be posted and to remain posted until the completion of Alterations.

Appears in 2 contracts

Sources: Triple Net Lease (Mobile Iron, Inc.), Triple Net Lease (Mobile Iron, Inc.)

ALTERATIONS AND ADDITIONS. (1) After the completion of construction of the Shell Improvements and Interior Improvements in accordance with the provisions of the Construction Agreement, Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof, without the written consent of Landlord first had and obtained by Tenant (such consent not to be unreasonably withheld), but at the cost of Tenant, and (except as otherwise consented to in writing by Landlord) any addition to, or alteration of, the Premises, except moveable furniture, trade fixtures and any Lab Equipment which Tenant is entitled to remove pursuant to Paragraph 7 above, shall, upon Lease termination, become a part of the Premises and belong to Landlord. Landlord reserves the right to approve all contractors and mechanics proposed by Tenant to make such alterations and additions, which approval shall not be unreasonably withheld. Tenant shall retain title to all moveable furniture and trade fixtures placed in excess the Premises. All office heating, lighting, electrical, air conditioning, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant (but excluding any Lab Equipment installed by ALZA or any ALZA Affiliate), together with all property that has become an integral part of $25,000.00the Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make any such alteration or addition, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's alteration or addition. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. Tenant shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) days after notice to Tenant of filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord and Tenant. Notwithstanding the above and provided ALZA or an ALZA Affiliate is then the Tenant under this Lease, it is agreed that Tenant may make alterations or additions to the non-structural portions of the Building without obtaining the prior written consent of Landlord or providing any other notices to Landlord or securing any bonds as otherwise provided above, provided Tenant (i) gives Landlord a minimum of five (5) business days written notice of its intent to make any material modifications to the Building; (ii) designs any alterations or additions to comply with Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent 's interior build out specifications as shown on Exhibit C attached hereto; and (iii) as to any alterationsmaterial alteration, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver provides to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedupon completion of said construction, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such worka 1/8 inch scale sepia "as built" plan reflecting said alterations and/or additions. All such policies other terms and conditions of this Paragraph 8 shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryapply.

Appears in 2 contracts

Sources: Lease Agreement (Alza Corp), Lease Agreement (Alza Corp)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) , other than painting, carpeting, and repair of existing improvements at a cumulative cost not in excess of $25,000.0025,000, without obtaining the express prior written detailed request to and consent of Landlord first obtained by Tenant. Any repairs, replacements, additions, or alterations to the Premises shall be made at Initials /s/ IH Initials /s/ JMJ Tenant’s sole cost and expense; shall conform to all laws, and shall become at once a part of the Premises and belong to Landlord, which consent except that Tenant shall not be unreasonably withheld or delayedretain title to all moveable furniture and trade fixtures installed at Tenant’s sole cost. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve all contractors, suppliers and mechanics proposed by Tenant to make such alterations and additions. Unless otherwise expressly provided by such written consent, all such repairs, replacements, alterations and additions shall be of the contractor by whom same materials and shall conform to the work is to be performed. (2) All items installed same design and building standards as existed in the Premises upon the date Tenant first took possession thereof. All heating, plumbing, lighting, electrical, air conditioning, partitioning, wall coverings, doors, glass, draperies, window shades, ceilings, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alterations or additions until ten (10) days after having received written consent from Landlord to do so, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work’s alterations and additions, Tenant shall upon request deliver will at all times permit such notices to be posted and remain posted until the completion of work. Tenant shall, if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance secure at Tenant’s own cost and property damage insurance, all in amounts, with companies expense a completion and on forms reasonably lien indemnity bond (satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform ) for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic’s lien filed against the Premises in locations which for work claimed to have been done for Tenant or materials claimed to have been furnished to Tenant, will be visible paid or discharged by persons performing any work on Tenant, by bond or otherwise, within fifteen (15) days after the Premises stating that Landlord is not responsible for filing of such lien, at the payment for such work sole cost and setting forth such other information as Landlord may deem necessaryexpense of Tenant.

Appears in 2 contracts

Sources: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord first and obtained by Tenant, but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, airconditioning, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If improvements. Tenant performs any work requiring Landlord's consent prior will at all times permit such notices to be posted and to remain posted until the commencement completion of any such work. Tenant shall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic's lien filed against the Premises in locations which or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within fifteen (15) days after the Premises stating filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord and Tenant. Notwithstanding anything to the contrary herein, under no circumstances shall Tenant be authorized to penetrate the soil to a depth that Landlord is not responsible for exceeds three and one-half feet from the payment for such work and setting forth such other information as Landlord may deem necessaryuppermost surface of the soil.

Appears in 2 contracts

Sources: Lease Agreement (Saba Software Inc), Lease Agreement (Saba Software Inc)

ALTERATIONS AND ADDITIONS. (1) Except as noted herein, Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change or decorating alteration Alterations to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which Landlord first had and obtained by Tenant; such consent shall not be unreasonably withheld and such consent to Alterations shall not be valid until such time as said consent is executed by both Landlord and Tenant and a fully executed copy delivered by Landlord to Tenant (“Consent to Alterations”). Notwithstanding the foregoing, no consent shall be required for certain Alterations listed in items (a), (b) and (c) herein which Tenant may elect to make to the Premises so long as such exempt Alterations meet the following conditions: (a) the replacement or delayedinstallation of carpet with a carpet quality equal to or greater than the original carpet installed in the Premises; (b) the replacement and/or installation of new wall covering with a wall covering quality equal to or greater than the original wall covering installed in the Premises; (c) the painting of the interior of the Premises in a color matching the color approved by Landlord for the original Tenant Improvements (individually and collectively “Exempt Alterations”); and (d) cumulative other Alterations in a given calendar year to the interior improvements (independent of those described in clauses (a), (b) and (c) above) which do not exceed a total cumulative cost of Two Hundred Fifty Thousand and no/100 Dollars ($250,000.00) in a given calendar year during the Term hereof; provided, however, the Exempt Alterations and other Alterations described in clauses (a), (b), (c) and (d) above are not authorized without Landlord’s consent, unless all of the following is true and correct as of the date of commencement of the work of installation of such Exempt Alterations: (i) Tenant is not in default after the expiration of applicable cure periods with respect to the terms of this Lease, (ii) no liens are filed on the Premises related to such Exempt Alterations and/or Alterations; (iii) Tenant has provided Landlord with no less than ten (10) days prior written notice that such work of Exempt Alterations and/or Alterations are scheduled; (iv) Tenant has provided Landlord with a 1/8” scaled sepia or another electronic format reflecting the Alterations to be made by Tenant upon completion of each such Exempt Alteration and/or Alteration (provided, however, that such electronic format drawings shall be required for any Alterations to the Building but not for Exempt Alterations); (v) Tenant has provided to Landlord proof of payment and signed lien releases within thirty (30) days of the completion of each such Exempt Alteration and/or other Alteration; (vi) Tenant has obtained and has provided to Landlord copies of all required permits for such work of Exempt Alteration and/or other Alteration; (vii) such work of Exempt Alteration and/or other Alteration must not be structural in nature or impact or change the exterior of the Premises and/or Building; and (viii) Tenant complies with all other terms of this Lease related to Alterations and surrender obligations. Provided Tenant requests in writing a predetermination from Landlord on those Alterations requiring Landlord’s prior written consent, said Consent to Alterations shall specify whether Landlord shall require removal of said Alterations. Any Alteration of the Premises except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord; however, all improvements to the Premises paid for directly by Tenant shall remain the property of Tenant during the Lease Term, for accounting purposes only, and Tenant shall have the right to depreciate the same and claim and collect investment tax credits and all other tax savings with respect to such improvements. Any such Alterations made by and/or requested by Tenant shall be paid for one hundred percent (100%) by Tenant. Landlord may reserves the right to reasonably approve all contractors and mechanics proposed by Tenant to make such Alterations. As a pre-condition to Landlord granting its consent to any alterationsAlterations, additions Tenant shall deliver plans and specifications reflecting said Alterations for Landlord’s review and approval; and within fifteen (15) days of completion of said Alterations, Tenant shall deliver to Landlord an original 1/8” scaled sepia or improvements upon such reasonable requirements an other electronic format as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done solely determined by Landlord. Tenant shall retain title to all moveable furniture and the right to approve the contractor by whom the work is to be performed. (2) All items installed trade fixtures placed in the Premises Premises. All heating, lighting, electrical, air conditioning, security systems, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such Alterations, without having obtained consent from Landlord to do so, and until five (5) business days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to contractors or material suppliers for payment for Tenant’s Alterations. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. As a condition of Landlord’s Consent to Alterations to the building as Premises, after Landlord provides written Consent to Alterations and prior to any work commencing on the Alterations, Landlord may, at its sole and absolute discretion, require Tenant to secure and provide to Landlord at Tenant’s own cost and expense, a result completion and lien indemnity letters of credit, satisfactory to Landlord in the amount of one hundred percent (100%) of the removal cost to fund the original construction of any Alterations (“Alteration Letter of Credit”). Said Alteration Letter of Credit shall be kept in place for sixty (60) days after the completion of the initial construction of said Alterations and until Tenant has provided Landlord with proof of payment to respective vendors and copies of recorded full unconditional lien release related to the Alterations and/or restoration work. Tenant further covenants and agrees that any mechanic’s lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within twenty (20) days after notice of filing thereof, at the cost and expense of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior . Any exceptions to the commencement of any such workforegoing must be made in writing and executed by both Landlord and Tenant. Notwithstanding anything to the contrary herein, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for ensuring that all of Tenant’s Initial Interior Improvements, as well as any future Alterations made during the payment for such work Lease Term (including any Extended Term(s)) comply with all building codes and setting forth such any other information applicable governmental and/or administrative rules, regulations and/or ordinances then in effect as Landlord may deem necessaryof the date said Initial Interior Improvements and/or future Alterations are made.

Appears in 2 contracts

Sources: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)

ALTERATIONS AND ADDITIONS. (1a) Except as provided below, Tenant shall not, without Landlord’s prior written consent, which may be given or withheld in Landlord’s commercially reasonable discretion, make no any alterations, additions improvements, additions, utility installations or improvements repairs (other than hereinafter collectively referred to as “Alterations”) in, on or about the Premises. Notwithstanding the foregoing, Landlord’s prior consent shall not be required for any non-structural change or decorating alteration Alterations (“Notice Only Alterations”) to the Premises that do not (i) involve the expenditure of more than $25,000 in the aggregate in any calendar year, (ii) affect the exterior appearance of the Building, (iii) affect the Building’s electrical, plumbing, HVAC, life, fire, safety or security systems, (iv) affect the structural elements of the Building or (v) adversely affect any part thereof) in excess other tenant of $25,000.00, without obtaining the Project; provided that Tenant shall provide Landlord with prior written notice of any Notice Only Alteration at least fifteen (15) business days’ prior to Tenant’s commencement of same. At the expiration of the term, Landlord may require the removal of any Alterations installed by Tenant and the restoration of the Premises to their prior condition, at Tenant’s expense; provided, however, notwithstanding the foregoing, Landlord shall notify Tenant whether the applicable Alteration will be required to be removed pursuant to the terms of this Section 7.3(a) at the time of Tenant’s request for Landlord’s consent of Landlordto any Alteration. (b) Notwithstanding the foregoing, Tenant shall be permitted to install the following tenant improvements within the Premises as an Alteration, at Tenant’s sole cost and expense, which consent may be removed (but shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is required to be performedremoved) by Tenant upon the expiration or earlier termination of this Lease: (i) removal of the wall recently installed in constructing the newer server room; (ii) update of kitchen and reception area; (iii) installation of lab benches, fume hoods, glass wash, and a water deionizer system; (iv) installation of appropriate tile floor in lab space; and (v) additional offices and conference rooms within the office area. (2c) All items installed Any Alterations in or about the Premises that Tenant shall desire to make shall be presented to Landlord in written form, with plans and specifications which are sufficiently detailed to obtain a building permit, if a building permit is required. If Landlord consents to an Alteration and the Alteration requires a building permit, the consent shall be deemed conditioned upon Tenant acquiring a building permit from the applicable governmental agencies, furnishing a copy thereof to Landlord prior to the commencement of the work, and compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. Tenant shall provide Landlord with as-built plans and specifications for any Alterations made to the Premises. (d) 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 any mechanic’s or materialmen’s lien against the Premises or the Project, or any interest therein. If Tenant shall, in good faith, contest the validity of any such lien, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the amount of such contested lien claim indemnifying Landlord against liability arising out of such lien or claim. Such bond shall be sufficient in form and amount to free the Project from the effect of such lien. In addition, Landlord may require Tenant to pay Landlord’s reasonable attorneys’ fees and costs incurred as a result of any such lien. (e) Tenant shall give Landlord not less than ten (10) days’ advance written notice prior to the commencement of any work in the Premises by Tenant Tenant, and all alterations and additions Landlord shall have the right to post notices of non-responsibility in or on the Premises or the Project. (f) All Alterations (whether or not such Alterations constitute trade fixtures of Tenant) which may be made to the Premises by Tenant shall be paid for by Tenant, at Tenant’s sole expense, and shall be made and done in a good and workmanlike manner, and in compliance with all improvements applicable, laws, regulations, building codes and ordinances. Tenant’s personal property, fixtures located on the Premisesand equipment, other than that which is affixed to the structural components of Premises so that it cannot be removed without material damage to the BuildingPremises or the Project, are shall remain the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 2 contracts

Sources: Standard NNN Lease (Vaxcyte, Inc.), Standard NNN Lease (SutroVax, Inc.)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall has the right to make no alterations, additions or improvements (other than any non-structural change alterations or decorating alteration additions to the Premises or any part thereof) in excess of $25,000.00(Tenant Alterations), without obtaining the provided that Tenant must first obtain Landlord's prior written consent of Landlordconsent, which consent shall Landlord must not be unreasonably withheld withhold, condition, or delayeddelay. Without limiting the foregoing, Landlord may condition its has the right to withhold Landlord’s consent to any alterationsproposed Tenant Alterations that would violate any law, additions ordinance, code, or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionregulation of governmental authorities with jurisdiction, including without limitation or any regulation of the manner in which Board of Fire Underwriters or any similar insurance rating body or bodies, or that would materially and adversely affect the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components appearance or value of the Building, are or the property mechanical, electrical, sanitary, or any other system of the Building. (b) As a condition to giving ▇▇▇▇▇▇▇▇’s consent to Tenant Alterations, Landlord has the right to require that Tenant remove all or a portion of Tenant (collectively, "Tenant's Property") and may be removed by Tenant Alterations at the end of the term expiration or earlier termination of this Lease. Tenant agrees , provided that Landlord must designate all such items to restore any damage to be removed at the building as a result of the removal of Tenant's Propertytime Landlord gives ▇▇▇▇▇▇▇▇’s consent. (3c) If Tenant performs any work requiring As a further condition for Landlord's consent prior ’s consent, Landlord has the right to require that, before the commencement of any such the work, Tenant shall upon request deliver submit to Landlord, certificates issued for Landlord’s approval, plans and specifications that reasonably identify and describe proposed Tenant Alterations. Landlord must review ▇▇▇▇▇▇'s plans and specifications, and inform ▇▇▇▇▇▇, in writing, of Landlord’s approval or disapproval within ten business days after submission by insurance companies qualified ▇▇▇▇▇▇. If Landlord disapproves, Landlord must identify, in writing, each reason for disapproval and identify, in writing, each modification that must be made by Tenant in order to obtain Landlord's approval. If Landlord fails to so inform ▇▇▇▇▇▇ of disapproval within ten business days after submission by Tenant or fails to so identify each modification that is necessary to obtain Landlord’s approval, ▇▇▇▇▇▇'s plans and specifications are deemed approved. (d) Tenant must (i) do business all such Tenant Alterations at reasonable times and in such manner so as not to unreasonably disturb other tenants of the state where the Premises are locatedBuilding, evidencing (ii) complete all such Tenant Alterations in accordance with any plans and specifications that Workmen's Compensation, general liability insurance Landlord approves and property damage insurance, all in amountsa good and workmanlike manner, with companies and on forms reasonably satisfactory materials in quality at least equal to Landlordthe then-present construction, are in full force and effect and maintained by all (iii) cause contractors and subcontractors engaged by Tenant that Landlord approves to perform all such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant Alterations, provided that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord ’s approval is not responsible required for any contractor that Tenant selects pursuant to applicable public bidding laws of the payment for such work and setting forth such other information as Landlord may deem necessary.Commonwealth of Massachusetts,

Appears in 2 contracts

Sources: Office Lease, Office Lease

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no not make, or suffer to be made, any ------------------------- alterations, improvements or additions in, on or improvements (other than any non-structural change about, or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, and without a valid building permit issued by the appropriate governmental authority. Such alterations, improvements and additions shall then be performed by Landlord's contractors. As a condition to giving such consent, Landlord may require that Tenant agree to remove any such alterations, improvements or delayedadditions at the termination of this Lease, and to restore the Premises to their prior condition. Any alteration, addition or improvements to the Premises, except movable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon installation, and shall (subject to the provisions of the immediately preceding sentence) remain upon and be surrendered with the Premises at the termination of this Lease. Landlord may condition its consent can elect, however, at the time Landlord consents to any alterationssuch alterations to require Tenant to remove an)/alterations, additions or improvements upon such reasonable requirements as that Tenant has made to the Premises. If Landlord may deem necessary so elects, Tenant shall restore the Premises to the condition designated by Landlord in its reasonable discretionelection, including without limitation before the manner in last day of the term. Alterations, additions and improvements which the work is done and the right to approve the contractor by whom the work is are not to be performed. deemed trade fixtures include heating, lighting and electrical systems, air conditioning, partitioning, window coverings, carpeting, or any other installation which has become an integral part of the Premises. Tenant shall provide Landlord with notice at least two (2) All items installed in business days prior to making any alterations to thE Premises so that Landlord may post notices of non-responsibility thereon. If, during the term hereof, any alteration, addition or change of any sort through all or any portion of the Premises by Tenant and all alterations and additions made is required, due to Tenant's particular use of the Premises as opposed to office uses generally by Tenant and all improvements and fixtures located on the Premiseslaw, other than the structural components of the Buildingregulation, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement ordinance or order of any such workpublic agency, Tenant Tenant, at its sole cost and expense, shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in promptly make the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessarysame.

Appears in 2 contracts

Sources: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)

ALTERATIONS AND ADDITIONS. (1) Unless Landlord’s approval is first secured in writing, Tenant shall not install or erect inside partitions, add to existing electric power service, add telephone outlets, add light fixtures, install additional heating and/or air conditioning equipment or fixtures, or make no alterationsany other alterations to the interior or exterior of the Leased Premises. Any such alterations approved by Landlord shall be made at the sole cost and expense of Tenant. Tenant shall promptly pay for all labor and materials involved in such work; shall not allow any mechanic’s lien to be placed against the Leased Premises or the Building; and shall indemnify Landlord against, and hold Landlord harmless from, all costs and charges for such work. At the end of this Lease, all such fixtures, equipment, additions and/or alterations (except movable equipment installed by Tenant) shall be and remain the property of Landlord; provided however, Landlord shall have the option to require Tenant to remove any or all such fixtures, equipment, additions or improvements (other than any non-structural alterations and restore the Leased Premises to the condition existing immediately prior to such change or decorating alteration to the Premises or any part thereof) installation, normal wear and tear excepted, all at Tenant’s cost and expense. All such work shall be done in excess a good and workmanlike manner and shall consist of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayednew materials unless Landlord otherwise agrees. Landlord may condition its consent require adequate security from Tenant assuring no mechanic’s liens on account of work done on the Leased Premises by ▇▇▇▇▇▇ and may post the Leased Premises, or take such other action as is then permitted by law, to any alterations, additions or improvements upon such reasonable requirements as protect Landlord and the Leased Premises against mechanic’s liens. Landlord may deem necessary in its reasonable discretion, including without limitation also require adequate security to assure Landlord that the manner in which the work is done and the right Leased Premises will be restored to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term their original condition upon termination of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 2 contracts

Sources: Commercial Lease, Commercial Lease

ALTERATIONS AND ADDITIONS. (1a) Tenant Lessee shall not without Lessor's prior written consent make no any alterations, improvements or additions in, on or about the Premises. Lessor may require that Lessee, at Lessee's expense, remove any or all of said alterations, improvements, or additions at the expiration of the term, and restore the Premises to their prior condition. Should Lessee make any alterations, improvements (other than any non-structural change or decorating alteration additions without the prior approval of Lessor. Lessor may require that Lessee remove the same. Anything herein contained to the Premises contrary notwithstanding, Lessee shall not drill, punch or otherwise cause any part thereof) crack, hole, opening or other break in excess of $25,000.00the roof or roof area, or roof supports, or in the floors, on the walls or in other permanent areas or structures without obtaining first receiving the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performedLessor. (2b) All items installed in Any alterations improvements or additions in, or about the Premises by Tenant that Lessee shall desire to make and all alterations and additions made which requires the consent of the Lessor shall be presented to Lessor in written form with proposed detailed plans. If Lessor shall give its consent the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies the furnishing of a copy thereof to Lessor prior to the Premises commencement of the work and the compliance by Tenant Lessee of all conditions of said permit in a prompt and expeditious manner. In addition, Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one half times the estimated costs of such improvements to insure Lessor against any liability for mechanics and materialmen's liens and to insure completion of the work. (c) Lessee shall pay when due all improvements and fixtures located on claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, other than the structural components of the Building, which claims are the property of Tenant (collectively, "Tenant's Property") and or may be removed secured by Tenant at any mechanics or materialmen's lien against the end of the term of this LeasePremises or any interest therein. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. Lessee shall give Lessor not less than ten (310) If Tenant performs any work requiring Landlord's consent days notice prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business work in the state where Premises and Lessor shall have the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord right to post notices of non-responsibility in the Premises in locations which will be visible by persons performing any work or on the Premises stating as provided by law. If Lessee shall in good faith, contest the validity of any such lien, claim or demand then Lessee shall at its sole expenses defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that Landlord is not responsible may be rendered thereon before the enforcement thereof against the Lessor or the Premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surely bond satisfactory to Lessor in an amount equal to such contested lien claim or demand indemnifying Lessor against liability for the payment for same and holding the Premises free from the effect of such work lien or claim in addition. Lessor may require Lessee to pay Lessor's attorney's fees and setting costs in participating in such action if Lessor shall decide it is to its best interest to do so. (d) Unless Lessor requires their removal as set forth such other information as Landlord in Paragraph 7.3 (a) all alterations improvements and additions which may deem necessarybe made on the Premises shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the term or on sooner termination thereof.

Appears in 2 contracts

Sources: Standard Commercial Industrial Lease (Imarx Therapeutics Inc), Standard Commercial Industrial Lease (Imarx Therapeutics Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant Lessee shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises said Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior express, advance written consent of Landlord, which consent shall not be unreasonably withheld Lessor; any addition or delayed. Landlord may condition its consent alteration to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the said Premises, other than the structural components except movable furniture, equipment and trade fixtures, shall become at once a part of the Building, are the property of Tenant (collectively, "Tenant's Property") realty and may be removed by Tenant belong to Lessor at the end of the term Lease Term or earlier termination of this Lease. Tenant Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove any additions or alterations installed by Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the additions or alterations. Notwithstanding the above, Lessor agrees to restore allow any damage reasonable alterations and improvements and will notify Lessee at the time of approval if such improvements or alterations are to be removed at the building as a result end of the removal Lease Term or earlier termination of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent this Lease. Notwithstanding the foregoing, Lessee may construct non-structural alterations and additions without Lessor’s prior to approval, if the commencement cost of any such workproject within a twelve month period does not exceed Fifty Thousand Dollars ($50,000) and does not alter the exterior appearance of the Premises or building. Except for alterations and additions which cannot be removed without structural modifications to the Premises, Tenant shall upon request deliver at any time Lessee may remove Lessee’s trade fixtures, equipment, personal property and alterations from the Premises, provided that Lessee repairs all damage caused by such removal to Landlord, certificates issued by insurance companies qualified to do business a standard of at least equal quality and finishes that exist in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryPremises.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Sipex Corp), Lease Agreement (Sipex Corp)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord first had and obtained by Tenant, but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, air conditioning, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If improvements. Tenant performs any work requiring Landlord's consent prior will at all times permit such notices to be posted and to remain posted until the commencement completion of any such work. Tenant shall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic's lien filed against the Premises in locations which or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within thirty (30) days after the Premises stating that filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant.

Appears in 2 contracts

Sources: Lease Agreement (Quantum Effect Devices Inc), Lease Agreement (Quantum Effect Devices Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which Landlord first had and obtained by Tenant (such consent shall not to be unreasonably withheld withheld), but at the cost of Tenant, and any addition to, or delayedalteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, air-conditioning, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If improvements. Tenant performs any work requiring Landlord's consent prior will at all times permit such notices to be posted and to remain posted until the commencement completion of any such work. Tenant shall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic's lien filed against the Premises in locations which for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within ten (10) days after the Premises stating that filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant.

Appears in 2 contracts

Sources: Lease Agreement (PLX Technology Inc), Lease Agreement (PLX Technology Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent (which written consent will specify whether Landlord shall require removal of said alterations and/or additions, provided Tenant requests such determination from Landlord), of Landlord first had and obtained by Tenant (which consent approval shall not be unreasonably withheld withheld) but at the cost of Tenant, and any addition to, or delayedalteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part to the Premises and belong to Landlord. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical air conditioning, floor to ceiling partitioning, drapery, carpeting, and floor installation made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If improvements. Tenant performs any work requiring Landlord's consent prior will at all times permit such notices to be posted and to remain posted until the commencement completion of any such work. Tenant shall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic's lien filed against the Premises in locations which or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within ten (10) days after the Premises stating filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord and Tenant. Notwithstanding anything to the contrary herein, under no circumstances shall Tenant be authorized to penetrate the soil to a depth that Landlord is not responsible for exceeds three and one-half feet from the payment for such work and setting forth such other information as Landlord may deem necessaryuppermost surface of the soil.

Appears in 2 contracts

Sources: Lease Agreement (Ipass Inc), Lease Agreement (Ipass Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration Alterations may not be made to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlordthe Lessor, which consent and any alterations of the Premises, excepting movable furniture and machinery and trade fixtures, shall become part of the realty and belong to the Lessor upon termination of this Lease. However, this shall not be unreasonably withheld prevent the Lessee from installing trade fixtures, machinery or delayedother trade equipment in conformance with the local ordinances provided the Premises are not damaged by the removal thereof. Landlord may condition its consent to any alterationsThe Lessee shall keep the Premises, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner building and the property in which the Premises are situated free from any liens arising out of any work performed for, material furnished to or obligations incurred by the Lessee. It is done further understood and agreed that under no circumstance is the right to approve the contractor by whom the work is Lessee to be performed. (2) All items installed in deemed the Premises by Tenant and all alterations and additions made to Agent of the Premises by Tenant and all improvements and fixtures located on Lessor for any alteration, repair or operation of the building upon the Premises, other than the structural components same being done at the sole expense of the BuildingLessee, and all contractors, materialmen, mechanics and laborers are hereby charged with notice that they must look to the property Lessee only for the payment of Tenant (collectively, "Tenant's Property") any charge for work done and may be removed by Tenant at materials furnished upon the end of Premises during the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3b) If Tenant performs any work requiring Landlord's consent prior Lessor shall have the right to the commencement require removal of any alterations and additions but absent such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurancedemand, all in amountsimprovements, with companies additions and on forms reasonably satisfactory utility installations, except trade fixtures and machines, shall remain the property of Lessor. The above notwithstanding, Lessee shall have the right to Landlord, are in full force and effect and maintained by remove all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices improvements placed in the Premises other than plumbing, electrical, walls, carpets and other like permanent improvements. Lessee shall also have the right to install, at Lessee's expense, a vent through the roof provided it is done in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessarya ▇▇▇▇▇▇▇ like manner.

Appears in 2 contracts

Sources: Standard Industrial Lease (Intercell Corp), Standard Industrial Lease (Intercell Corp)

ALTERATIONS AND ADDITIONS. (1) A. TENANT'S ALTERATIONS: Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises ("Alterations"), or any part thereof) in excess of $25,000.00, without obtaining the Landlord's prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consent, which consent shall state whether or not be unreasonably withheld or delayed. Landlord may condition its consent will require Tenant to any alterations, additions or improvements upon remove such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant Alteration at the end of the term expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits, and provides Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant agrees to restore provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be constructed in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any damage other installation which has become an integral part of the Premises. Landlord approves Tenant's right to finance and to secure under the California Uniform Commercial Code, Tenant's trade fixtures, equipment and other personal property which may be affixed to the building as Premises, and Landlord shall reasonably cooperate with the requests of any lessors of, or lenders holding a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring security interest in, such trade fixtures and equipment, provided that such cooperation does not materially affect Landlord's consent prior to rights under this Lease. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the commencement of any such workforegoing, Tenant shall upon request deliver be entitled, without obtaining Landlord's consent, to Landlordmake Alterations which do not affect the structure of the Building and which do not cost more than Fifty Thousand Dollars ($50,000.00) per Alteration ("Permitted Alterations"); provided, certificates issued by insurance companies qualified however, that: (i) Tenant shall still be required to do business in the state where the Premises comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory subject to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged removal by Tenant at Landlord's election pursuant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that Section 6.B. above at the insurance policy may not be canceled expiration or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in earlier termination of the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryLease.

Appears in 2 contracts

Sources: Lease Agreement (Broadcom Corp), Lease Agreement (Broadcom Corp)

ALTERATIONS AND ADDITIONS. (1) Section 9.1. Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of LandlordLandlord first had and obtained by Tenant, which consent by Landlord shall not be unreasonably withheld withheld, delayed or delayedconditioned, and such alteration or addition shall be at the cost of Tenant; and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. If Landlord may condition its consent consents to the making of any alterationsalteration, additions addition, or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right improvement to approve the contractor by whom the work is to be performed. (2) All items installed in or of the Premises by Tenant Tenant, the same shall be made by Landlord at Tenant’s sole cost and all alterations and additions made expense. Any modifications to the Premises buildings or building systems required by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building governmental code or otherwise as a result of Tenant’s alterations or improvements shall be made at Tenant’s sole cost and expense. Tenant shall retain title to all moveable furniture and trade fixtures placed in the removal Premises. All heating, lighting, electrical, air-conditioning, partitioning, drapery, carpeting and floor installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make any alteration or additions without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's Property. (3) If ’s improvements. Tenant performs any work requiring will at all times permit such notices to be posted and to remain posted until the completion of work. Tenant shall, if reasonably required by Landlord's consent prior , secure at Tenant’s own cost and expense a completion and lien indemnity bond satisfactory to the commencement of any Landlord for such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 2 contracts

Sources: Sublease (Aravive, Inc.), Sublease (Versartis, Inc.)

ALTERATIONS AND ADDITIONS. (1a) Excepting the supplemental HVAC approved by Landlord pursuant to Schedule 2 to Exhibit B attached hereto, Tenant shall not make no alterations, additions or improvements (other than suffer to be made any non-structural change alterations, additions, or decorating alteration improvements (collectively, “Alterations”) to or of the Premises Premises, or any part thereof) in excess of $25,000.00, without first obtaining the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, if the Alterations would adversely affect the structure or safety of the Building or its electrical, plumbing, HVAC, mechanical or safety systems, or if such Alterations would create an obligation on Landlord’s part to make modifications to the Building, Landlord may withhold its consent in its sole and absolute discretion. Notwithstanding the foregoing, without the prior consent of Landlord, but with the prior notice to Landlord, Tenant shall be entitled to make Alterations within the Premises, provided that (i) the cost of construction such Alterations does not exceed Ten Thousand and No/l00ths Dollars ($10,000.00) per project in the aggregate, and (ii) does not effect the plumbing, electrical, structural or mechanical systems of the Building, and (iii) Tenant otherwise complies with the provisions of this Section. All Alterations shall comply with all applicable laws, statutes and ordinances, which include, but are not limited to ADA. Any Alterations to or of said Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with the Premises. However, Landlord shall provide written notice to Tenant prior to the construction of such Alteration whether Tenant will be required to remove such Alteration and restore the Premises to its original condition upon the expiration of the Term. If Landlord so states, Tenant, at its own cost shall restore the Premises to its original condition upon the expiration of the Term. Upon Landlord’s approval of the requested Alterations, Tenant shall secure all necessary permits, if applicable. Before Landlord’s consent to such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or its facade. As a condition to its consent, Landlord may request adequate assurance that all contractors who will perform such work have in force ▇▇▇▇▇▇▇’▇ compensation and such other employee and public liability insurance as Landlord deems necessary, and where the Alterations are material, Landlord may require Tenant or its contractors to post adequate completion and performance bonds. In the event Landlord consents to the making of any Alterations to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, completed to the reasonable satisfaction of Landlord, and the contractor or person selected by Tenant to make the same must first be approved in writing by Landlord which approval shall not be unreasonably withheld or delayed. If Tenant makes any Alterations to the Premises as provided in this Section, the Alterations shall not be commenced until ten (10) business days after Landlord may condition its consent has received notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility. Tenant shall reimburse Landlord for any alterations, additions or improvements upon such reasonable requirements as expenses incurred by Landlord may deem necessary in its reasonable discretionconnection with the Alterations made by Tenant, including without limitation the manner in which the work is done any reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant, and the right cost of updating the existing as-built plans of the Building to approve reflect the contractor Alterations, not to exceed One Thousand and No/l00ths Dollars ($1,000.00) in total per Alteration. Tenant shall indemnify, defend and hold the Landlord, the Building and the Premises free and harmless from any liability, loss, damage, cost, attorneys’ fees and other expenses incurred on account of such construction, or claims by whom the any person performing work is to be performedor furnishing materials or supplies for Tenant or any persons claiming under Tenant. (2b) All items installed in the Premises by Tenant and all alterations and additions made Landlord agrees that, subject to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property"’s compliance with Section 10(a) and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such workabove, Tenant shall be entitled to install a satellite/microwave dish upon request deliver the roof of the Building in a location reasonably acceptable to Landlord, certificates issued by insurance companies qualified to do business Landlord and Tenant. Tenant acknowledges that view aesthetics of the Building shall be considered in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform placement of such workdish. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for maintenance and repair of such work dish and setting forth shall remove, at Tenant’s cost, such other information as Landlord may deem necessarydish from the roof of the Building upon the expiration or earlier termination of this Lease and shall repair any damage caused thereby and reseal any roof penetrations.

Appears in 1 contract

Sources: Standard Lease Agreement (Office) (eHealth, Inc.)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no or suffer to be made any alterations, additions or improvements (other than any non-structural change to or decorating alteration to of the Premises or any part thereof) in excess of $25,000.00, thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed. Landlord may condition its consent to any Any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on or of the Premises, other than the structural components including, but not limited to, wall covering, paneling and built-in cabinet work, shall become a part of the Buildingrealty and belong to the Landlord upon their installation and shall be surrendered with the Premises, are except as set forth in the last sentence of this Section. Any moveable furniture and trade fixtures shall remain the property of Tenant (collectivelyTenant. Any alterations, "additions or improvements shall be made by Tenant, at Tenant's Property") sole cost and may be removed expense, and Landlord shall have no liability therefor. Any contractor or person selected by Tenant to make the same (including any Tenant Improvements as described in Exhibit “C”) must first be approved in writing by the Landlord, provided, however, that such approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall be entitled at or prior to the end of the term Term to remove from the Premises all furniture, removable trade fixtures, equipment and personal property, except for the Leased FF&E (“Fixtures”) installed or located on or in the Premises. Tenant shall repair any and all damage caused by their removal. Any Fixtures or other Tenant Improvements that Tenant does not remove at or prior to the expiration of the Term shall be deemed surrendered with the Premises on the termination of this Lease. In connection with any such Tenant Improvements, alterations, additions or improvements to the Premises, the parties further agree as follows: (a) Tenant agrees that any and all such Tenant Improvements, alterations, additions or improvements will (i) comply with all applicable laws and regulations; (ii) be performed in a good and workmanlike manner; (iii) equal or exceed Building's then-current standards; and (iv) be carried out only by persons selected by Tenant and approved in writing by Landlord in advance (provided, however, that Landlord’s approval shall not be unreasonably withheld, conditioned or delayed), who will, if required by Landlord, deliver to restore any damage Landlord performance and payment bonds prior to the building as a result commencement of the removal of Tenant's Property. (3) If work. Tenant performs any work requiring Landlord's consent prior to will maintain, or will cause the commencement of persons performing any such workwork to maintain, Tenant shall upon request deliver to Landlord, certificates issued by worker's compensation insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general and public liability insurance and property damage insuranceinsurance (with Landlord named as an additional insured), all in amounts, with companies and on forms in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of such insurance. (b) Tenant will promptly pay, when due, the cost of all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building which may be attributable to such change, addition or improvement and the cost of any modifications to the Building outside the Premises that are required to be made in full force order to make the change, addition or improvement to the Premises. If required by Landlord, Tenant, at its expense, will have promptly prepared and effect submitted to Landlord reproducible as-built plans of any such change, addition or improvement upon its completion. (c) Without limiting the generality of anything set forth in this Section 8 above, Landlord and maintained Tenant hereby agree that, on or before that date upon which the Lease expires or is otherwise terminated prior to expiration, Landlord may elect by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. FurtherTenant to either (i) require Tenant to remove all or a portion of the cable, conduit, connections and wiring installations and equipment installed by or for Tenant (the "Wiring") within the Building or the Premises and related to Tenant's telecommunications or computer equipment, which Wiring shall be removed at Tenant's sole cost and expense, provided, that Tenant shall not be required to remove any Wiring that existed in the Premises on the date Landlord delivers the Premises to Tenant or (ii) retain all or a portion of the Wiring, in which case, Tenant shall permit surrender such Wiring to Landlord free of all liens and encumbrances, and in good and safe condition, in working order, and properly labeled at each end and in each telecommunications/electrical closet and junction box. Notwithstanding anything set forth in this Lease to post notices in the Premises in locations which will be visible by persons performing any work on contrary, if Landlord requests Tenant to remove all or a portion of the Premises stating that Landlord is not responsible for the payment for such work Wiring and setting forth such other information as Tenant fails to do so, Landlord may deem necessaryremove such Wiring upon expiration or termination of the Lease and Tenant hereby agrees to indemnify and otherwise reimburse Landlord for any costs, claims or other expenses incurred by Landlord as a result of such failure by Tenant. Tenant’s obligations under this Section 8(c) shall survive the expiration or other termination of the Lease.

Appears in 1 contract

Sources: Office Building Lease (Aratana Therapeutics, Inc.)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterations, additions Alterations or improvements (other than removal of any non-structural change or decorating alteration fixtures may not be made to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of LandlordLessor, nor may any alterations to the “path of travel” (as the term is used in the ADA and in the rules and regulations implementing the ADA), whether within or outside the Premises, be made without Lessor’s consent, which consent shall not unreasonably withheld. Any alterations, improvements, additions or utility installations to the Premises, excepting movable furniture and machinery and trade fixtures, shall, at Lessor’s option, become part of the realty and belong to Lessor upon the expiration or earlier termination of this Lease. However, this shall not prevent Lessee from installing trade fixtures, machinery, or other trade equipment in conformance with all applicable ordinances, regulations and laws, which may be removed by Lessee at the expiration or earlier termination of this Lease, nor shall Lessor unreasonably withheld or delayed. Landlord may condition withhold its consent to any alterationsalteration necessary to bring the Premises or the “path of travel” into compliance with the ADA. Lessee shall keep the Premises free from any liens arising out of any work performed for, additions material furnished to, or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionobligations incurred by the Lessee. It is further understood and agreed that under no circumstance is the Lessee to be deemed the agent of the Lessor for any alteration, including without limitation repair, or construction within the manner in which Premises, the same being done at the sole expense of the Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to the Lessee for the payment of any charge for work is done and materials furnished upon the right to approve Premises during the contractor by whom the work is to be performedTerm. (2b) All items installed in Upon the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components expiration or sooner termination of the BuildingTerm, are the property of Tenant (collectivelyLessee shall, "Tenant's Property") upon written demand by Lessor, at ▇▇▇▇▇▇’s sole expense, with due diligence, remove any alteration, addition or improvement made by Lessee, designated by Lessor to be removed, and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore repair any damage to the building as a result Premises caused by such removal. Lessee shall remove all of its movable property and trade fixtures which can be removed without damage to the removal Premises at the expiration or earlier termination of Tenant's Propertythis Lease and shall pay Lessor for all damages from injury to the Premises resulting from such removal. (3c) If Tenant performs Any and all of Lessee’s contractors and/or sub-contractors constructing any work requiring Landlord's consent alterations, improvements, additions, utility installations or removing any fixtures shall sign a “Contractors Hold Harmless Agreement” in the form attached hereto as Exhibit “C” to be provided to Lessor prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such Contractor(s)/sub-Contractor(s) who do not currently have a certificate of insurance on file with Lessor shall provide that Lessor with a certificate of insurance in which the insurance policy may commercial general liability coverage shall not be canceled or modified without 10 days' prior written notice to Landlord. Furtherless than $1,000,000, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work combined single limit, naming Lessor and setting forth such other information its member(s), manager(s), and partner(s) as Landlord may deem necessaryadditional insureds.

Appears in 1 contract

Sources: Commercial Lease Agreement (Syncardia Systems Inc)

ALTERATIONS AND ADDITIONS. (1) 14.1 Except to the extent provided in Sections 18, 19, and 20 and 24 hereof, Tenant shall may at any time and from time to time during the term of this Lease, and any extension hereof, at Tenant's own cost and expense, make no alterationsor permit to be made any alteration, additions addition, change or improvements (other than any non-structural change of, in or decorating alteration to the Leased Premises or any building located thereon or any part thereof; provided that: A. For any alterations, additions, changes or improvements involving the structure of the Facility (including interior walls, whether or not load-bearing) involving cost in excess of Fifteen Thousand Dollars ($25,000.0015,000), without obtaining the prior following shall be fully observed and performed by Tenant before the commencement of any work: (1) There is no existing and unremedied default (subject to applicable notice and cure periods) on the part of Tenant under any of the terms, covenants and conditions herein; (2) Tenant shall have delivered to Landlord plans and specifications, in sufficient detail to reasonably allow Landlord to make a decision with respect thereto, and shall have obtained Landlord's written consent of Landlord, approval thereof (which consent Landlord shall not unreasonably withhold, condition or delay), and any approval required by any and all governmental authorities and departments having jurisdiction. If Landlord shall not have signified its disapproval within thirty (30) calendar days after their delivery, the plans and specifications shall be unreasonably withheld or delayed. deemed to have been approved by Landlord; (3) Neither Landlord may condition its consent nor the Leased Premises shall be subject to any alterationscharge, additions liability, claim or improvements upon lien of whatsoever kind or nature by reason thereof, except for any increase in property tax as to the Leased Premises resulting from such improvement; (4) Tenant shall tender to Landlord such security and assurance of completion for said alterations or changes as shall be commercially reasonable requirements as Landlord may deem within the industry and reasonably necessary for the particular alterations or changes in its reasonable discretionquestion. B. The following shall be fully observed and performed by the Tenant during the work: (1) The work involved in any such alteration, including without limitation the manner change or modification shall be perfon-▇▇▇ with diligence and in which the work is done and the right to approve the contractor by whom the work is to be performed.a first-class workmanlike manner; (2) All items installed such work, alterations, changes or modifications shall be done subject to, and in accordance with all applicable federal, state and local laws and regulations governing the Premises by same; and (3) Tenant shall procure all necessary permits for the construction of said changes, alterations, or modifications and all alterations and additions made shall deliver to Landlord a final certificate of occupancy or its equivalent as a condition precedent to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components use of the Buildingimprovements for their designated purpose. (4) If any modification requiring Landlord's consent as described above is made without Landlord's consent (pursuant to the procedure described above), are Tenant shall, before the property beginning of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the eighth month prior to the end of the term Scheduled Lease Term, unless excused in writing by Landlord, restore the condition of the Facility to the condition that existed prior to such change. 14.2 All alterations, changes, additions and modifications to the Leased Premises, when made, erected, constructed, installed or placed upon the Leased Premises, and all machinery, apparatus, equipment, floor coverings and fixtures originally installed or as replaced, including without limitation all heating, lighting, and power equipment, pipes, pumps, tanks, conduits, plumbing, air-cooling and air-conditioning apparatus, attached cabinets, ducts and compressors are now and shall immediately be and become part of the realty when installed and the sole and absolute property of Landlord without cost or charge to Landlord and shall remain upon and be surrendered with the Leased Premises at the expiration or sooner termination of this Lease. . 14.3 Tenant agrees to restore shall not make any damage to the building as modification causing a result reduction of the removal Resident Capacity of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified Facility without 10 days' prior written notice to approval of Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease Agreement (Emeritus Corp\wa\)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no or allow to be made any alterations, additions additions, or improvements (other than any non-structural change to or decorating alteration to of the Premises or any part thereofthereof exceeding Twenty Five Thousand Dollars ($25,000) in excess of $25,000.00, cost without first obtaining the prior written consent of Landlord, Landlord (which consent shall not be unreasonably withheld withheld, conditioned, or delayed. Landlord may condition its consent to ), and any alterations, additions or improvements upon such reasonable requirements as to or of said Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord may deem necessary in its reasonable discretionand shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and all expense. Notwithstanding anything to the contrary herein, no installation, alterations, additions or improvements and fixtures located on to or of any electrical or mechanical system or outlet to or of the Premises, other than the structural components of the Buildingor any part thereof, are the property of Tenant (collectivelyshall be made, "Tenant's Property") and may or allowed to be removed made by Tenant at without first obtaining the end written consent of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit comply with all building codes and shall obtain the approval of and appropriate permits from any governmental agencies having jurisdiction. Prior to the installation or alteration of any such Tenant Improvements, Landlord shall by written notice to Tenant notify Tenant if, upon the expiration or earlier termination of this Lease, Tenant must remove any Tenant Improvements as defined in subsection (c) of Article 8-3 of this Lease. Upon expiration or early termination of this Lease, Tenant shall at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any Tenant Improvements, alterations, additions or other improvements designated by Landlord to post notices in be removed together with trade fixtures, movable furniture and inventory; and Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage caused by such removal whether such damage is to the Premises, the Building, or to any other property of Landlord. Tenant shall not be permitted to make any structural alterations, roof penetrations or exterior modifications to the Premises. Notwithstanding the foregoing, Tenant shall have the right, from time to time, to make whatever nonstructural changes are necessary to the interior of the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work terms of decor, design and setting forth such other information color usage as Landlord may deem necessaryTenant desires.

Appears in 1 contract

Sources: Standard Form Shopping Center Lease (Pacific Premier Bancorp Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterationsnot make, additions or improvements permit to be made, any alteration, addition or improvement (other than any non-structural change or decorating alteration hereinafter referred to individually as an "ALTERATION" and collectively as the "ALTERATIONS") to the Premises or any part thereof) in excess of $25,000.00, thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or delayed. Landlord may condition to withhold its consent to any alterationsAlteration which affects the structural portions of the Premises, additions the Building or improvements upon the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof (such reasonable requirements Alterations described in this proviso being herein referred to as Landlord may deem necessary in its reasonable discretion"STRUCTURAL Alterations"). Notwithstanding the foregoing, including without limitation the manner in which the work is done and Tenant shall have the right to approve make Alterations (specifically excluding, however, Structural Alterations) to the contractor by whom Premises with prior notice to but without the work is to be performedconsent of Landlord, provided that such Alterations are constructed and performed in full compliance with the terms of Paragraphs 13(b) through (f) below and do not exceed two thousand five hundred dollars ($2,500) in cost on an individual basis or ten thousand dollars ($10,000) in the aggregate over the Term of this Lease. (2b) All items installed in the Premises by Tenant and all alterations and additions made Any Alteration to the Premises by Tenant shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. As a further condition to giving consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such Alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its costs (including, without limitation, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the course of construction, at its sole cost and expense, builders' risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and fixtures located other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the Premises, other than the structural components generality of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such workforegoing, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing ensure that Workmen's Compensation, general liability insurance its contractor(s) procure and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are maintain in full force and effect during the course of construction a "broad form" commercial general liability and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the property damage policy of insurance policy may not be canceled or modified without 10 days' prior written notice to naming Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information Landlord's lenders as Landlord may deem necessary.additional

Appears in 1 contract

Sources: Lease Agreement (General Magic Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant agrees that Landlord shall be under no obligation to rebuild, replace, maintain or make any repairs to the Premises or to the improvements thereon during the term of this Lease. Tenant shall make no material alterations, additions additions, substitutions, changes or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess to the exterior of $25,000.00, the Building without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All alterations shall be made at the sole cost, risk, expense and liability of Tenant. At the expiration or termination of this Lease, Tenant shall leave the Premises in its then current condition, and Tenant shall not be required to restore the Premises to the condition in which the Premises are in as of the commencement of this Lease, it being agreed that Landlord shall accept the Premises with such alterations, remodeling, additions, or new construction, as may condition its consent have been made pursuant to the authorization contained in this article. Tenant agrees that it will not permit any mechanic' s materialmen' s, or other liens to stand against the Premises for work or materials furnished Tenant in connection with any such alterations, remodeling, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionnew construction, including without limitation the manner in which the work is done and it being provided, however, that Tenant shall have the right to approve contest the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement validity of any such worklien or claim upon the posting of a monetary deposit or bond reasonably satisfactory to the title company insuring any mortgage on the Premises and to Landlord' s mortgagee ( the " Mortgagee"), but upon a final determination of the validity thereof, Tenant shall upon request deliver immediately pay any judgment or decree rendered against Tenant, with all proper costs and charges, and shall cause any such lien to be released of record without cost to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Economic Incentive and Master Development Agreement

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not make no alterations, additions or improvements (other than suffer to be made any non-structural change alterations, additions, or decorating alteration improvements (collectively, “Alterations”) to or of the Premises Premises, or any part thereof) in excess of $25,000.00, without first obtaining the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, if the Alterations would adversely affect the structure or safety of the Building or its electrical, plumbing, HVAC, mechanical or safety systems, or if such Alterations would create an obligation on Landlord’s part to make modifications to the Building, and Tenant is not willing to pay the cost necessary to remediate such problems, Landlord may withhold its consent in its sole and absolute discretion. Notwithstanding the foregoing, without the prior consent of Landlord, but with the prior notice to Landlord, Tenant shall be entitled to make Alterations within the Premises, provided that (i) the cost of construction such Alterations does not exceed One Hundred Thousand and No/l00ths Dollars ($100,000.00) per project, and (ii) does not affect the plumbing, electrical, structural or mechanical systems of the Building, and (iii) Tenant otherwise complies with the provisions of this Section. In no event shall carpeting, painting or other work of a similar decorative nature (and which does not require a building permit) require the consent of, or notice to, the Landlord. All Alterations shall comply with all applicable laws, statutes and ordinances, which include, but are not limited to ADA. Any Alterations to or of said Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with the Premises. However, Landlord shall provide written notice to Tenant (concurrently with Landlord’s approval of such Alteration) whether Tenant will be required to remove such Alteration. If Landlord so states in such written notice, Tenant, at its own cost shall remove such Alteration upon the expiration of the Term. Upon Landlord’s approval of the requested Alterations, Tenant shall secure all necessary permits, if applicable. Before Landlord’s consent to such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or its facade. As a condition to its consent, Landlord may request adequate assurance that all contractors who will perform such work have in force ▇▇▇▇▇▇▇’▇ compensation and such other employee and public liability insurance as Landlord deems reasonably necessary. In the event Landlord consents to the making of any Alterations to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, completed to the reasonable satisfaction of Landlord, and the contractor or person selected by Tenant to make the same must first be approved in writing by Landlord which approval shall not be unreasonably withheld or delayed. If Tenant makes any Alterations to the Premises as provided in this Section, the Alterations shall not be commenced until ten (10) business days after Landlord may condition its consent has received notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility. Tenant shall reimburse Landlord for any alterations, additions or improvements upon such reasonable requirements as out-of-pocket expenses incurred by Landlord may deem necessary in its reasonable discretionconnection with the Alterations made by Tenant, including without limitation the manner in which the work is done any reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant, and the right cost of updating the existing as-built plans of the Building to approve reflect the contractor Alterations, not to exceed One Thousand and No/100ths Dollars ($1,000.00) in total per Alteration; Landlord must, at the time that Landlord consents to the Alteration, have provided Tenant with a binding estimate of such costs. Tenant shall indemnify, defend and hold the Landlord, the Building and the Premises free and harmless from any liability, loss, damage, cost, attorneys’ fees and other expenses incurred on account of such construction, or claims by whom the any person performing work is to be performedor furnishing materials or supplies for Tenant or any persons claiming under Tenant. (2b) All items installed in the Premises by Tenant and all alterations and additions made Landlord agrees that, subject to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property"’s compliance with Section 10(a) and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such workabove, Tenant shall be entitled to install a satellite/microwave dish upon request deliver the roof of the Building in a location reasonably acceptable to Landlord, certificates issued by insurance companies qualified to do business Landlord and Tenant; no rent or license fee shall be charged. Tenant acknowledges that view aesthetics of the Building shall be considered in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform placement of such workdish. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for maintenance and repair of such work dish and setting forth shall remove, at Tenant’s cost, such other information as Landlord may deem necessarydish from the roof of the Building upon the expiration or earlier termination of this Lease and shall repair any damage caused thereby and reseal any roof penetrations.

Appears in 1 contract

Sources: Lease Agreement (Health Net Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayedwithheld. Tenant shall at Tenant's sole cost prepare the premises for occupancy as detailed in Addendum marked Exhibit "C". Tenant agrees to ▇▇▇▇▇▇ the Premises per Exhibit "A". Landlord agrees to reimburse Tenant up to $12,250 as a tenant improvement allowance. Said allowance shall be due and payable to Tenant within fourteen (l4) days after the following conditions have been met: 1) Tenant is open for business with the public in the entire Premises and has paid the first month's rent due in advance and security deposit, if any. 2) Tenant has furnished to Landlord affidavits, lien waivers and paid receipts for physical improvements performed within and for the Premises. This support provided to Landlord should be reasonably satisfactory in establishing payment in full for all labor and materials, which may form a predicate for a claim of lien against the Premises. The actual amount of the reimbursement will be up to $12,250. 3) A certificate of occupancy (or an equivalent) from the governmental authority having jurisdiction has been delivered to Landlord. 4) Landlord has received a certificate of insurance as required by Section 11. 5) Receipt by Landlord of evidence that Tenant has paid its utility deposits. 6) Receipt by Landlord of Tenant's As Built plans if any structural changes are made. (b) Landlord shall perform the following improvements at Landlord's sole cost: 1) Landlord shall clean and/or paint exterior walls as needed. 2) Connect Suite A's electric service and HVAC equipment to "Adjacent Room". (c) Landlord may impose as a condition its of the aforesaid consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation thereto, the manner in which the work is done and the done, a right to approve of approval of the contractor by whom the work is to be performed, the times during which it is to be accomplished, and the requirement that upon written request of Landlord prior to the expiration or earlier termination of the Lease, Tenant will remove any and all permanent improvements or additions to the Premises installed at Tenant's expense and all movable partitions, counters, personal property, equipment, fixtures and furniture. (2d) All items such alterations, additions or improvements shall at the expiration or earlier termination of the Lease become the property of Landlord and remain upon and be surrendered with the Premises, unless specified pursuant to Section 7.2 (b) above. (e) All articles of personal property and all business and trade fixtures, machinery and equipment, cabinetwork, furniture and moveable partitions owned by Tenant or installed by Tenant at its expense in the Premises by Tenant shall be and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are remain the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at any time during the end of the ▇▇▇▇▇ term of this Lease. when Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Propertyis not in default hereunder. (3f) If Tenant performs any work requiring Landlordat lease termination, at Tenant's consent prior to the commencement expense, shall, at option of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing remove all Tenant Improvements so that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryspace becomes a "plain vanilla shell".

Appears in 1 contract

Sources: Office Building Lease (North Valley Bancorp)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterationsnot make, additions or improvements permit to be made, any alteration, addition or improvement (other than any non-structural change or decorating alteration hereinafter referred to individually as an "Alteration" and collectively as the "Alterations") to the Premises or any part thereof) in excess of $25,000.00, thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof. Subject to Landlord's approval of Tenant's formal plans and specifications for the same, Landlord hereby approves the schedule of Initial Tenant Improvements attached hereto as Exhibit C. (b) Any Alteration to the Premises shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all reasonable requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. In connection with any Alterations, Tenant shall deliver plans and specifications therefor to Landlord. As a further condition to giving consent for work costing in excess of $200,000 to complete in any one instance, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such Alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor) procure and maintain in full force and effect during the course of construction a "broad form" commercial general liability and property damage policy of insurance naming Landlord, Tenant, Landlord's Investment Advisors, any property manager designated by Landlord and Landlord's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00). (c) All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, window coverings, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures or Tenant's Property, except that Tenant shall have the right to remove any lab benches and lab hoods installed by Tenant so long as Tenant restores the portions of the Premises affected by such removal. (d) No private telephone systems and/or other related computer or telecommunications equipment or lines may be installed without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. If Landlord gives such consent, all equipment must be installed within the Premises and, at the request of Landlord made at any time prior to the expiration of the Term, removed upon the expiration or sooner termination of this Lease and the Premises restored to the same condition as before such installation. (e) Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue material amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall obtain the written permission of Landlord, which permission shall not be unreasonably withheld or delayed. Landlord may condition its consent refuse to any alterations, additions grant such permission unless Tenant agrees to pay the costs to Landlord for installation of supplementary air conditioning capacity or improvements upon electrical systems necessitated by such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performedequipment. (2f) All items installed Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the Premises by date Tenant desires to commence construction or installation of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all alterations times permit such notices to be posted and additions made to remain posted until the Premises by completion of work. (g) Tenant and all improvements and fixtures located on shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if it is reasonably foreseeable that such employment will materially interfere or cause any material conflict with other than contractors, mechanics, or laborers engaged in the structural components construction, maintenance or operation of the BuildingProject by Landlord, are Tenant or others. In the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement event of any such workinterference or conflict, Tenant shall Tenant, upon request deliver to demand of Landlord, certificates issued by insurance companies qualified shall cause all contractors, mechanics or laborers causing such interference or conflict to do business in leave the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryProject immediately.

Appears in 1 contract

Sources: Lease Agreement (Sontra Medical Corp)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no alterations, any alterations or additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof(“Alterations”) in excess of $25,000.00, without obtaining (i) the prior written consent of Landlord, Landlord first obtained (which consent shall not be unreasonably withheld withheld, conditioned or delayed), and (ii) delivering to Landlord the proposed architectural and structural plans for all such Alterations affecting the Building structure or systems. After obtaining Landlord’s consent, which consent shall state whether or not Landlord may condition its consent will require Tenant to any alterations, additions or improvements upon remove such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant Alteration at the end of the term expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has: (i) obtained all required governmental approvals and permits, and (ii) provides Landlord seven (7) days’ notice prior to beginning construction so Landlord can post a notice of nonresponsibility. Tenant agrees to restore any damage to the building as a result provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations, if necessary. All Alterations shall be constructed in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 9 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of Tenant's Property. (3) If the Premises. All Alterations shall be maintained, replaced or repaired by Tenant performs any work requiring Landlord's consent prior to at its sole cost and expense. Notwithstanding the commencement of any such workforegoing, Tenant shall upon request deliver be entitled without obtaining Landlord’s consent, to make Alterations which do not affect the structure of the Building or which do not cost more than Seventy Five Thousand Dollars ($75,000.00) per Alteration (“Permitted Alterations”); provided, however, that Tenant shall still be required to comply with all other provisions of this paragraph. All Alterations shall be maintained, replaced or repaired at Tenant’s sole cost and expense. Tenant acknowledges Landlord, certificates issued by insurance companies qualified ’s right to do business in and hereby consents to construction of additional building(s) on the state land where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and located or on forms reasonably satisfactory to adjacent land owned by Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease Agreement (Xenoport Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no or suffer to be made any alterations, additions additions, or improvements (other than any non-structural change collectively, “Alterations”) to or decorating alteration to of the Premises Premises, or any part thereof) in excess of $25,000.00, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. Unless otherwise specified by Tenant in writing at the time a request for Alterations is submitted to Landlord and approved by Landlord at such time in writing, any Alterations to the Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with the Premises. Before Landlord’s consent to such Alterations will be given, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or its façade without Landlord’s written consent, which consent may be withheld or delayedin Landlord’s sole and absolute discretion. As a condition to its consent, Landlord may condition its consent to any alterations, additions or improvements upon request adequate assurance that all contractors who will perform such reasonable requirements work have in force ▇▇▇▇▇▇▇’▇ compensation and such other employee and public liability insurance as Landlord deems necessary, and where the Alterations are material, Landlord may deem necessary in require Tenant or its reasonable discretion, including without limitation contractors to post adequate completion and performance bonds. In the manner in which event Landlord consents to the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made making of any Alterations to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, comply with all improvements applicable laws, statutes and fixtures located on ordinances, be completed to the satisfaction of Landlord, and any architect, contractor or person selected by Tenant to make the same must first be approved in writing by Landlord. If Tenant makes any Alterations to the Premises, other than the structural components Alterations shall not be commenced until five (5) business days after Landlord has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Notwithstanding the foregoing, without the prior consent of Landlord, but with the prior notice to Landlord, Tenant shall be entitled to make Alterations within the Premises, provided that (i) the cost of the constructing such Alterations does not exceed Twenty Thousand and No/100ths Dollars ($20,000.00) per project in the aggregate, (ii) does not affect the structure or mechanical systems of the Building, are and (iii) Tenant otherwise complies with the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term provisions of this LeaseSection. Tenant agrees to restore any damage to shall indemnify, defend and hold the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where Building and the Premises are locatedfree and harmless from any liability, evidencing that Workmen's Compensationloss, general liability insurance damage, cost, attorneys’ fees and property damage insuranceother expenses incurred on account of such construction, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained or claims by all contractors and subcontractors engaged by any person performing work or furnishing materials or supplies for Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by any persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryclaiming under Tenant.

Appears in 1 contract

Sources: Net Lease Agreement (Singulex Inc)

ALTERATIONS AND ADDITIONS. (1) A. Tenant's Alterations: Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises after completion of the initial Tenant Improvements ("Alterations"), or any part thereof) in excess of $25,000.00, without obtaining the Landlord's prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. and delivering to Landlord may condition its consent to any alterations, additions or improvements upon the proposed architectural and structural plans for all such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. Alterations at least fifteen (215) All items installed in the Premises by Tenant and all alterations and additions made days prior to the Premises by Tenant and all improvements and fixtures located on start of construction. If such Alterations affect the Premises, other than the structural components structure of the Building, are the property of Tenant (collectively, "additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's Property") plans. After obtaining Landlord's consent, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and may be removed permits, and provides Landlord reasonable security, in form reasonably approved by Tenant at the end of the term of this LeaseLandlord, to protect Landlord against mechanics' lien claims. Tenant agrees to restore any damage to the building as a result provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawings for all Alterations which are material in extent; and (iii) a certificate of occupancy for the work upon completion of the Alterations, if required. All Alterations shall be constructed in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Premises. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant shall be entitled, without obtaining Landlord's consent, to make Alterations which do not affect the structure of the Building and which do not cost more than One Hundred Thousand Dollars ($100,000.00) per Alteration ("Permitted Alteration"); provided, however, that Tenant shall still be required to comply with all other provisions of this paragraph, and such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6 above at the expiration or earlier termination of the Lease. Notwithstanding the foregoing, for purposes of ownership or removal during the Lease Term and subject to Tenant's surrender obligations contained in Section 6, the term "Alterations" shall not include, in any case, any of Tenant's Propertyequipment or trade fixtures. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease Agreement (Abgenix Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not, without Landlord's prior written consent, make no alterationsany alterations or additions in, additions on or improvements (other than any non-structural change or decorating alteration to the Premises Premises. Landlord's consent to any such alterations or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent additions shall not be unreasonably withheld or delayed. withheld; provided, however, Landlord may condition withhold its consent in its sole and absolute discretion with respect to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionalterations which affect the structural portions of the Building or any Building Systems, including without limitation or which can be seen from the manner in which exterior of the work is done and Premises. Notwithstanding the foregoing, however, Tenant shall have the right to approve make alterations and/or additions in, on or to the Premises that do not affect the structural portions of the Building or any Building Systems and do not cost in excess of Five Thousand and 00/100 Dollars ($5,000.00) in each instance ("Permitted Alterations"), provided that (i) Tenant shall deliver notice to Landlord not less than five (5) days prior to making any such Permitted Alterations to allow Landlord to post notices of non responsibility and (ii) any such Permitted Alterations shall comply with Applicable Laws. Within thirty (30) days following the construction of any alterations and/or additions in, on or to the Premises made by Tenant pursuant to this Section 6.3(a), Tenant shall provide Landlord with copies of "as-built" drawings for such alterations and/or additions. In the event that such drawings are not provided to Landlord within such thirty (30) day period, Landlord shall have no obligation to repair or restore any such alterations and/or additions under this Lease in the event of any casualty to the Premises. At the expiration of the Term, Landlord may require the removal of any or all of such alterations or additions and the restoration of the Premises to their prior condition, at Tenant's expense; provided, however, that Tenant shall have no obligation to remove any portion of the Tenant Improvements. Should Landlord permit Tenant to make any alterations or additions, Tenant shall use only contractors expressly approved by Landlord. In addition, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, with a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of such alterations and/or additions, to insure Landlord against any liability for mechanic's and materialmen's liens and to insure completion of the work. Such contractors shall carry liability and such other insurance of a type and in such reasonable amounts as Landlord shall reasonably require, naming Tenant, Landlord, Landlord's asset manager and property manager and any other party Landlord specifies as additional insureds. Before commencing the work, such contractors shall furnish Landlord with certificates of insurance evidencing such coverage. Tenant shall also maintain a policy of "builder's risk" insurance coverage for such work naming Landlord, Landlord's property manager and any other party Landlord specifies as additional insureds, and Tenant shall provide to Landlord a certificate evidencing such coverage prior to commencing such work. Should Tenant make any alterations or additions without the prior approval of Landlord, or use a contractor not expressly approved by whom Landlord, Landlord may, at any time during the work is to be performedTerm of this Lease, require that Tenant remove any part or all of the same. (2b) All items installed Any alterations or additions in or about the Premises that Tenant shall desire to make (other than Permitted Alterations) shall be presented to Landlord in written form, with proposed detailed plans. If Landlord consents to such alteration or addition, the consent shall be deemed conditioned upon Tenant acquiring a permit to do so from the applicable government agencies, furnishing a copy thereof to Landlord prior to the commencement of the work, compliance by Tenant with all conditions of said permit in a prompt and expeditious manner, and compliance by Tenant with Landlord's construction rules and regulations and scheduling requirements. (c) 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 any mechanic's or materialmen's lien against the Premises, the Building, or any interest therein. (d) Tenant shall give Landlord not less than ten (10) days notice prior to the commencement of any work in the Premises by Tenant and all Landlord shall have the right to post notices of non-responsibility in or on the Premises and the Building. If Tenant, in good faith, contests the validity of any lien, claim or demand regarding the work, then Tenant shall, at its sole expense, defend itself and Landlord and its agents against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or its agents or the Premises, the Building, 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 same and holding the Premises, the Building free from the effect of such lien or claim. In addition, Landlord may require Tenant to pay Landlord's reasonable attorneys' fees and costs in participating in such action if Landlord decides it is in Landlord's best interest to participate. (e) All alterations and additions made to the Premises by Tenant shall be done in a good, workmanlike, manner with good quality materials and all improvements and fixtures located on the Premises, other than the structural components of the Building, are shall be the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term, unless Landlord requires their removal pursuant to Section 6.3(a) above. Any trade fixtures installed and paid for by Tenant (collectively, "Tenant's Property") and may be removed by Tenant at during the end Term of this Lease and shall upon demand by Landlord be removed upon expiration of the term Term. Tenant shall in all events promptly repair any damage caused by removal of trade fixtures. On or prior to the expiration or termination of this Lease. , Landlord Tenant agrees shall remove any and all alterations and additions that are designated by Landlord to restore any damage to the building as a result of the removal of be removed by Landlord, at Tenant's Propertysole cost and expense. (3f) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance provide Landlord with "as-built" plans and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled specifications for any alterations or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryadditions.

Appears in 1 contract

Sources: Building Lease Agreement (Infosonics Corp)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterations, improvements or additions to the exterior of the Premises. Tenant shall not, without Landlord's prior written consent, make any alterations, improvements, additions or improvements utility installations in, on or about the Premises. All alterations, improvements, or additions shall comply with all laws, ordinances, codes, standards, rules and regulations of any federal, state or local governmental agency having jurisdiction thereof. As a condition to giving such consent, Landlord may require that Tenant agree to remove any such alterations, improvements, additions or utility installations at the expiration of the term and to restore the Premises to its prior condition. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense; a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work.. (b) Unless Landlord requires their removal as set forth in Section 11.5(a), all alternations, improvements, additions and utility installations (whether or not such utility installations constitute trade fixtures of Tenant) which may be made on the Premises shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this Section, Tenant's machinery and equipment, other than any non-structural change or decorating alteration that which is affixed to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall so that it cannot be unreasonably withheld or delayed. Landlord may condition its consent removed without material damage to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are shall remain the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage subject to the building as a result provisions of the removal of Tenant's PropertySection 11.5(c). (3c) If Tenant performs 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 any work requiring Landlordmechanics' or materialmen's consent lien against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days notice prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business work in the state where Premises, and Landlord shall have the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord right to post notices of non-responsibility in the Premises in locations which will be visible by persons performing any work or on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryprovided by law.

Appears in 1 contract

Sources: Lease Agreement (Cdex Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord first had and obtained by Tenant, but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, air conditioning, floor to celing partitioning, drapery, carpeting, and door installations made by Tenant and tenant, together with all alterations and additions made property that has become an integral part to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If improvements. Tenant performs any work requiring Landlord's consent prior will at all times permit such notices to be posted and to remain posted until the commencement completion of any such work. Tenant shall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanics lien against the Premises in locations which or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise. within ten (10) days after the Premises stating that filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant.

Appears in 1 contract

Sources: Lease Agreement (Terayon Communication Systems)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterations, additions or improvements (other than any Except for non-structural change interior alterations and additions costing less than $20,000.00 per alteration or decorating addition. Tenant shall not make, or permit to be made, any alteration or addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which such consent not to be unreasonably withheld. Landlord's failure to disapprove proposed alterations or additions within 10 working days after Landlord's receipt of the request for approval, shall be deemed approval. Normal repair and maintenance work shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is deemed to be performedan alteration or addition to the Premises. (2b) All items installed in Any alteration or addition to the Premises (including those in subparagraph (a)) shall be at Tenant's sole cost and expense, in compliance with all applicable laws and requirements requested by Tenant Landlord, and all in accordance with plans and specifications submitted in writing to Landlord and approved as to alterations and additions costing over $20,000.00. (c) All additions, alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made to the Premises by Tenant and Tenant, together with all improvements and fixtures located on the Premises, other than the structural components property that has become an integral part of the Building, are shall at once be and become the property of Landlord, and shall not be deemed trade fixtures, but any or all are subject to removal pursuant to paragraph 10 hereof. Notwithstanding the foregoing, the following Tenant improvements, if paid for by Tenant and not included in any Tenant improvements, if paid for by Tenant and not included in any Tenant Improvement Allowance, namely a warehouse cage and telecommunication and computer-related equipment, including specialized flooring, cabling, air conditioning equipment (collectivelyfor the sale purpose of cooling said computers), "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. so long as Tenant agrees to restore repairs any damage to the building as a result of the removal of Tenant's Propertycaused by such removal. (3d) If Tenant performs any work requiring Landlord's agrees not to proceed to make such alterations or additions, notwithstanding consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified from Landlord to do business in the state where the Premises are locatedso, evidencing that Workmenuntil five (5) days after Tenant's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform receipt of such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryconsent.

Appears in 1 contract

Sources: Lease Agreement (MMC Networks Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant Lessee shall not add partitions, ceilings, do any painting, make no alterationsmodifications to concrete floors, alter, remove or replace doors, alter or add any additional lighting or do any electrical, mechanical or plumbing work, or make any other alterations or additions or improvements (other than any non-structural change or decorating alteration to the Leased Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld withheld, provided that Lessee may make minor repairs to the Leased Premises costing less than $10,000 and not affecting or delayedinvolving any structural aspect of the Building or any of its electrical, plumbing, HVAC, mechanical, security or other systems or any other portion of the Leased Premises which would be visible from beyond the Leased Premises. Landlord may condition In addition, no such work shall be performed unless and until Lessor shall have approved all plans and specifications therefor. All such alterations and additions, if agreed to, shall be made in accordance with all applicable laws and regulations and shall remain for the benefit of Lessor after the Lease Term unless Lessor shall direct that the same be removed, in which event Lessee shall remove the same and restore Leased Premises to its consent original condition, provided that Lessee shall not have any obligation to remove any alterationsimprovements installed by Lessor pursuant to Exhibits "A" and "C". If requested by Lessee by notice to Lessor, Lessor shall designate those alterations and additions which shall require removal at the end of the Lease Term. In the absence of default by Lessee, Lessee shall be entitled to remove its trade fixtures at the end of the Lease Term, provided that Lessee shall restore the Leased Premises to its original condition. All contractors and subcontractors performing any such work or improvements upon such reasonable requirements as Landlord may deem necessary providing any materials, supplies or equipment therefore shall be subject to the prior written approval of Lessor in its reasonable discretion, including without limitation the manner in which the work is done all of whom shall have duly and the effectively waived any right to approve claim or file a mechanic's or materialman's lien against the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore Property or any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent portion thereof or interest therein prior to the commencement of any such workwork or the delivery of any materials, Tenant supplies or equipment to the Leased Premises. (b) All alterations or additions shall upon request deliver be made in a proper and workmanlike manner and with the use of only first class materials. Lessee agrees to Landlordfully pay for same and to indemnify and hold Lessor harmless from all expenses, certificates issued by insurance companies qualified liens, claims or damages to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and persons or property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled arising therefrom or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryrelated thereto.

Appears in 1 contract

Sources: Lease Agreement (Ubics Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall Lessee may, without Lessor’s prior written consent, make no any alterations, additions improvements, additions, or improvements (other than any installations in, on, or about the Premises that are non-structural change alterations that do not ▇▇▇▇▇▇ the roof membrane or decorating alteration to floor plate of any permanent, non-moveable or modular structure. Lessee shall not make any structural alterations that ▇▇▇▇▇▇ the Premises roof membrane or any part thereof) in excess of $25,000.00, floor plate without obtaining the Lessor’s prior written consent of Landlordconsent, which consent shall not be unreasonably conditioned, withheld or delayed. Landlord ; provided, however, that Lessor may condition its consent require Lessee to any alterationsprovide copies of proposed plans and specifications for such alterations for review. (b) Lessee shall pay before delinquent all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises; provided, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionhowever, including without limitation the manner in which the work is done and that Lessee shall have the right to approve the contractor contest any such claim as permitted by whom the work law, and provided that such contest is being pursued by Lessee, Lessee shall not be required to be performed. pay any such claim unless and until a final judgment has been rendered regarding such claim. Lessor agrees not to pay any claim which is being legally contested by Lessee. Lessee shall give Lessor not less than thirty (230) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent days written notice prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business work in the state where Premises, and Lessor shall have the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord right to post notices of non-responsibility in the Premises in locations which will be visible by persons performing any work or on the Premises stating at its sole discretion. (c) All alterations, improvements, additions and installations affixed to the real estate, but not including trade fixtures of Lessee (including utility installations, whether or not such utility installations would constitute trade fixtures of Lessee), which are made on the Premises by Lessee shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this Section 7.4(c), Lessee’s machinery and equipment and trade fixtures, other than that Landlord which is affixed to the Premises so that it cannot responsible for be removed without material damage to the payment for such work roof membrane or floor plate of the Premises (if any), shall remain the property of Lessee and setting forth such other information as Landlord may deem necessarybe removed by Lessee subject to the provisions of Section 7.3.

Appears in 1 contract

Sources: Asset Purchase Agreement (International Wire Group Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterationsnot make, additions or improvements permit to be made, any alteration, addition or improvement (other than any non-structural change or decorating alteration hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises or any part thereof) in excess of $25,000.00, thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or delayed. Landlord may condition to withhold its consent to any alterationsAlteration which affects the structural portions of the Premises, additions the Building or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionthe Project or the Systems serving the Premises, including without limitation the manner in which Building and/or the work is done and the right to approve the contractor by whom the work is to be performedProject or any portion thereof. (2b) All items installed in the Premises by Tenant and all alterations and additions made Any Alteration to the Premises shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. As a further condition to giving consent, Landlord may require Tenant to provide Landlord, at Tenant’s sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such Alterations, to ensure Landlord against any liability for mechanic’s and materialmen’s liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its costs (including, without limitation, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the course of construction, at its sole cost and expense, builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming Landlord, Landlord’s investment advisor and agent, UBS ▇▇▇▇▇▇▇ Realty Investors LLC, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00). (c) All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of Premises or the Building, are shall at once be and become the property of Landlord, and shall not be deemed trade fixtures or Tenant’s Property. If requested by Landlord, Tenant (collectivelywill pay, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of construction, an amount determined by Landlord necessary to cover the costs of demolishing such Alterations and/or the cost of returning the Premises and the Building to its condition prior to such Alterations. (d) No private telephone systems and/or other related computer or telecommunications equipment or lines may be installed without Landlord’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to the installation of any such worksystems, equipment or lines which affect the structural portions of the Premises, the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof. If Landlord gives such consent, all equipment must be installed within the Premises and, at the request of Landlord made at any time prior to the expiration of the Term, removed upon the expiration or sooner termination of this Lease and the Premises restored to the same condition as before such installation. (e) Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall upon request deliver obtain the written permission of Landlord, Landlord may refuse to grant such permission unless Tenant agrees to pay the costs to Landlord for installation of supplementary air conditioning capacity or electrical systems necessitated by such equipment. (f) Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence construction or installation of such Alterations, which shall be at least ten (10) days after the date Tenant provides such notice to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating order that Landlord is not responsible may post appropriate notices to avoid any liability to contractors or material suppliers for the payment for Tenant’s improvements. Tenant will at all times permit such work notices to be posted and setting forth such other information as Landlord may deem necessaryto remain posted until the completion of work.

Appears in 1 contract

Sources: Lease Agreement (Copper Mountain Networks Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which Landlord first had and obtained by Tenant (such consent shall not to be unreasonably withheld withheld), but at the cost of Tenant, and any addition to, or delayedalteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, airconditioning, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If improvements. Tenant performs any work requiring Landlord's consent prior will at all times permit such notices to be posted and to remain posted until the commencement completion of any such work. Tenant shall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic's lien filed against the Premises in locations which for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within ten (10) days after the Premises stating that filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant. See Paragraph 46.

Appears in 1 contract

Sources: Lease Agreement (Somnus Medical Technologies Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant The Lessor and the Lessee acknowledge and agree that the Premises has been designated under Part IV of the Ontario Heritage Act, R.S.O. 1990, c. O18 and as such, heritage permits are required for any and all alterations and additions to the Premises. The Lessee agrees that it shall not make no alterations, additions or improvements (other than any non-structural change or decorating alteration alterations whatsoever to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent approval of Landlordthe Lessor. Without limiting the generality of the foregoing, which consent the Lessee shall not be unreasonably withheld paint, wallpaper, construct, renovate, install or delayed. Landlord may condition its consent to erect any alterationsbuildings, additions structures, fixtures, grounds, improvements or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including other facilities without limitation the manner in which the work is done first obtaining heritage permits and the right written approval of the Lessor for such works. The Lessee shall at its own cost and expense prepare the Premises appropriately for the approved use. The Lessee shall implement, at its sole cost and expense, all precautions, measures and safeguards as are necessary to approve protect the contractor by whom public from injury during any approved alterations of the work is Premises and to be performedmaintain the heritage designation of the Premises. (2) All items installed permitted installations, alterations, additions, partitions and fixtures (except Lessee’s trade fixtures, attached as Schedule “C” of this Lease) in or upon the Premises are, immediately upon placement, the Lessor’s property without any compensation therefor to the Lessee. (3) No installations, alterations, additions, partitions or fixtures (including Lessee’s trade fixtures) shall be removed from the Premises by Tenant the Lessee at any time either during or after the Term, without the Lessor’s prior written approval. (4) The Lessor is under no obligation to repair or maintain the Lessee’s installations, alterations, additions, partitions and fixtures or anything in the nature of an occupant’s improvement made or installed by the Lessee. (5) The Lessor, acting reasonably, has the right at any time to require the Lessee to remove its installations, alterations, additions, partitions and fixtures or anything in the nature of an occupant’s improvement made or installed by the Lessee, and the Lessee shall be required to make good all alterations and additions made to damage caused by the installation or removal. (6) The Lessee shall not paint, display, inscribe, place or affix any sign, picture, advertisement, notice, lettering or direction on any part of the outside or interior of the Premises by Tenant and all improvements and fixtures located on without the prior written consent of the Lessor, which consent may be unreasonably withheld. However, the Lessee shall have the right to erect signage at the entrance door to the Premises, other than the structural components design of which shall be subject to the Lessor’s prior approval. (7) The Lessee covenants to pay all charges incurred by or on behalf of the BuildingLessee for any services, are the property of Tenant (collectively, "Tenant's Property") and work or materials which may be removed by Tenant supplied, done or performed in respect of the Premises and the Lessee shall forthwith discharge any liens arising therefrom claimed or registered against or in respect of the Premises, the lands to which they form a part, or any part thereof. (8) If the Lessee has complied with his obligations according to the provisions of this Lease, the Lessee may remove his trade fixtures at the end of the term Term or other termination of this Lease. Tenant agrees to restore Lease and the Lessee covenants that he will make good and repair or replace as necessary any damage caused to the building as a result of Premises by the removal of Tenantthe Lessee's Propertytrade fixtures. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which Landlord first had and obtained by Tenant (such consent shall not to be unreasonably withheld withheld), but at the cost of Tenant, and any addition to, or delayedalteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical airconditioning, partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and to remain posted until the building as a result completion of the removal of Tenant's Property. (3) If work. Tenant performs any work requiring Landlord's consent prior to the commencement of any such workshall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant’s own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic’s lien filed against the Premises in locations which for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within ten (10) days after the Premises stating that filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant. Tenant receives notice of SEE PARAGRAPH 51.

Appears in 1 contract

Sources: Lease Agreement (Maxtor Corp)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no or allow to be made any demolition, alterations, additions additions, or improvements (other than any non-structural change demolition, alterations, additions, or decorating alteration improvements shall herein collectively be called “Improvements”) to or of the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord. Any Improvements to or of said Premises (including, which consent but not limited to, removal or installation of walls and doors, wall covering, built-in cabinet work, electrical, plumbing, heating, ventilating, and air conditioning, but excepting movable furniture, cubicles, and trade fixtures), shall not at once become a part of the real property and belong to the Landlord and shall be unreasonably withheld or delayed. surrendered with the Premises, unless designated by the Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. removed and/or replaced at the sole cost and expense of the Tenant. Any Improvements, whether provided or installed by Tenant, or provided or installed by Landlord or others for Tenant (2) All items installed in including, but not limited to, improvements made as a condition of this Lease prior to possession of the Premises by Tenant), whether paid for by Tenant and all alterations and additions or Landlord or others, shall be deemed as Improvements made by Tenant. In the event Landlord consents to the making of any Improvements to the Premises by Tenant and all improvements and fixtures located on Tenant, the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may same shall be removed made by Tenant at Tenant’s sole cost and expense, unless expressly provided otherwise in this Lease or in Landlord’s written consent. Upon the end expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord, given no later than thirty (30) days after the date of expiration or termination of this Lease. , at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any Improvements made by Tenant, designated by Landlord to be removed, and Tenant agrees to restore shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any Premises caused by such work, Tenant removal. The improvements specified in Article 35 shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice subject to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryremoval and/or replacement.

Appears in 1 contract

Sources: Lease (Sunesis Pharmaceuticals Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant Except as permitted herein, Lessee shall make no alterations, alterations or additions to or improvements (other than any non-structural change or decorating alteration to upon the Leased Premises or any part thereof) , including but not limited to any alterations, repairs, or renovations affecting the structure of the Leased Premises, or the electrical, HVAC, or plumbing systems, except as contemplated in excess of $25,000.00this Lease, without obtaining the Lessor's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld or delayeddelayed and which shall conclusively define the nature and extent of such alterations and additions, and all such alterations and additions shall be free of mechanic's lien claims. Landlord may condition its consent to any Notwithstanding the foregoing, Lessee may, without Lessor's prior consent, make minor, non-structural building repairs, alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary renovations to the Leased Premises. Lessee shall, in its reasonable discretionall instances, including without limitation provide Lessor with plans, drawings and specifications showing repairs, alterations, or renovations to the manner in which the work is done and the right Leased Premises, prior to approve the contractor by whom the work is to be performed. (2) commencing work. All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant Lessee, and all improvements fixtures (except trade fixtures, manufacturing and supplemental lighting fixtures located equipment) installed by Lessee in and about the Leased Premises shall, unless otherwise elected by Lessor, at the termination of this Lease by lapse of time or otherwise, and without cost to Lessor, remain on the Premises, other than the structural components of the Building, are Leased Premises as the property of Tenant Lessor. If Lessor shall prior to thirty (collectively30) days before the termination of this Lease elect in writing not to retain such alterations, "Tenant's Property") additions, and may fixtures, or any portions thereof, then and only then, Lessee shall, at its cost and expense, and without damaging the Leased Premises, remove or cause to be removed those portions of alterations, additions, and fixtures, so elected by Tenant at Lessor to be removed. Such removal is to be complete upon the end of the term termination of this Lease. Tenant agrees to restore any damage Any trade fixtures and manufacturing equipment attached to the building as a result Leased Premises by and at the expense of Lessee shall remain the removal property of Tenant's Property. (3) If Tenant performs Lessee and Lessor agrees that Lessee shall have the right at any work requiring Landlord's consent prior time and from time to time, provided it not then be in default hereunder, to remove any and all of such trade fixtures and equipment which it may have attached to the commencement of any Leased Premises, provided, however, in such workevent Lessee shall restore the Leased Premises to the same condition in which they were at the time Lessee took possession, Tenant shall upon request deliver to Landlordloss by ordinary wear and tear, certificates issued fire and other casualty not caused by insurance companies qualified to do business in the state where the Premises are locatedLessee, evidencing that Workmen's Compensationits agents, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryemployees excepted.

Appears in 1 contract

Sources: Industrial Building Lease (Successories Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant Lessee shall control and shall be responsible for the construction of the initial tenant improvements constructed in the Premises. Lessee shall not make no alterations, additions any alteration or improvements (other than any non-structural change or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which Lessor. Such consent shall not be unreasonably withheld withheld, conditioned or delayed. Landlord Any permanent addition or alteration to the Premises, except movable equipment, furniture, trade fixtures, and any other property which can be removed without injury to the Premises (which shall remain the property of the Lessee), shall become the property of and belong to Lessor. Alterations and additions which are not to be deemed as trade fixtures shall include any improvements paid for by the Allowance, heating, lighting, electrical systems, air conditioning, partitioning, wall-to-wall carpeting, or any other installation which has become an integral and immovable part of the Premises. For purposes of clarity, server racks are specifically designated as moveable equipment owned by Lessee, however, Lessee shall restore the area upon removal of such server racks to its preexisting condition. Lessee agrees that it will not proceed to make such alterations or additions, after having obtained consent from Lessor to do so, until two (2) days after the receipt of such consent, in order that Lessor may condition its consent post appropriate notices of non-responsibility for payment for Lessee’s improvements. Lessee shall at all times permit such notices to any alterationsbe posted and to remain posted until the completion of work. Notwithstanding the foregoing to the contrary, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and Lessee shall have the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all make interior, non-structural alterations and or additions made to the Premises by Tenant (including but not limited to painting, replacement of carpeting and other alterations not requiring a governmentally issued permit) without obtaining the consent of Lessor, provided that such alterations or additions made during any calendar year do not have a cost in excess of Fifty Thousand Dollars ($50,000.00). Promptly upon request, Lessee will provide Lessor with lien waivers for all improvements and fixtures located on work performed under contacts valued in excess of $5,000.00. Lessee shall not be obligated to pay any review fees or supervisory fees to Lessor in connection with the Premisesperformance of any Lessee’s Work, other than alterations or additions. Further, Lessee shall have the structural components right to paint the exterior of the Building, are subject to Lessor’s prior written approval, not to be unreasonably withheld, conditioned or delayed. (b) Lessee shall prepare plans and specifications for Lessee’s initial tenant improvements (or any subsequent alterations or additions), at Lessee’s expense, and shall submit them to Lessor for approval, which approval shall not be unreasonably withheld, conditioned or delayed. Lessor shall then have a period of not more than seven (7) business days following such submittal (or, in the property event of Tenant modifications, such re-submittal) in which to review and approve Lessee’s plans and specifications or state any objections to same in writing, and any such objections shall be reasonable in nature and stated in sufficient detail so as to allow necessary modification by Lessee. Lessee shall make necessary modifications to Lessee’s plans and specifications and shall resubmit same to Lessor within seven (collectively7) business days after Lessee’s receipt of Lessor’s comments. Once accepted by Lessor in final form, "Tenant's Property") the Lessee’s plans and specifications may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore modified only with Lessor’s written approval, which will not be unreasonably withheld, conditioned or delayed, and Lessee shall be liable for any damage to the building additional costs incurred as a result of the removal of Tenant's Propertyany such change. (3c) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued Any delay by insurance companies qualified to do business Lessor in the state where review and approval or comment to Lessee’s plans and specifications for Tenant’s initial improvements (or any subsequent alterations or additions) beyond the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all time periods set forth in amounts, with companies and on forms reasonably satisfactory subparagraph (b) above shall result in a credit to Landlord, are Lessee’s Base Rent next coming due under this Lease in full force and effect and maintained by all contractors and subcontractors engaged by Tenant an amount equal to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible one (1) day of Base Rent for the payment for such work and setting forth such other information as Landlord may deem necessaryeach day of Lessor’s delay.

Appears in 1 contract

Sources: Lease (Enjoy Technology, Inc./De)

ALTERATIONS AND ADDITIONS. During any 180 day period during the Term of this Lease, Tenant may make up to Five thousand dollars (1$5,000) Tenant shall make no in non-structural alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) without Landlord's consent. Except as specifically permitted in excess of $25,000.00the preceding sentence, without obtaining the prior written consent of Landlord, which consent Tenant shall not make or suffer to be unreasonably withheld or delayed. Landlord may condition its consent to made any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in or of the Premises by Tenant or any part thereof without the written consent of Landlord first had and all alterations obtained, which will not be unreasonably withheld, conditioned or delayed. Any alterations, additions or improvements to or of said Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall, on the expiration of the term, become a part of the realty and belong to the Landlord and shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, additions made or improvements to the Premises by Tenant and all improvements and fixtures located on Tenant, the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may same shall be removed made by Tenant at Tenant's sole cost and expense, and any contractor or person selected by Tenant to make the end same, must first be approved of in writing by the Landlord, which will not be unreasonably withheld, conditioned or delayed. Upon the expiration or earlier termination of the term hereof, Tenant shall, upon the written demand by the Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements which have been made by the Tenant and which are designated by the Landlord to be removed, and repair any damage to the Premises caused by such removal. Additionally, Landlord may elect to have Tenant remove such alterations, additions and improvements as may be required to restore Tenant's Premises to a condition suitable for multi-tenant occupancy (referred to herein as "Common Core Restoration"). If Landlord, in its discretion, elects to complete such Common Core Restoration, then Tenant shall be responsible for the cost of the Common Core Restoration up to $17,500.00. In other words, Tenant shall be responsible for the cost of removal and repair related to any alterations, additions, or improvements which have been made by Tenant and which are designated by Landlord to be removed , except that Tenant's responsibility for payment of costs related to the Common Core Restoration shall be limited to the lesser of (a) the cost of the Common Core Restoration; or (b) $17,500.00. Landlord shall give Tenant notice on or before the expiration or termination of this Lease of its decision to complete the Common Core Restoration. Tenant shall also be responsible for the removal of any telecommunications and data cabling as requested by Landlord. Landlord and Tenant agree to perform a walk-through of the Premises not less than thirty (30) days prior to the expiration of the term hereof (or within a reasonable time prior to Tenant's vacancy of the Premises if this Lease is otherwise terminated prior to the expiration of the term) for the purpose of determining what alterations, additions and improvements (and telecommunications and data cabling) which have been made or installed by The Tenant shall be removed upon expiration or early termination of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease (New Frontier Media Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not, without Landlord's prior written consent which shall not be unreasonably withheld, make no any alterations, improvements, additions or improvements (other than any Utility Installations in, on or about the Premises, except for non-structural change alterations not exceeding Fifty Thousand Dollars ($50,000.00) in cumulative costs, during the Term of this Lease. Landlord's written consent of alteration shall specify which items to be installed are to be removed by Tenant upon Surrender of Premises. As used in this Paragraph 7.5, the term "Utility Installations" shall include carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Tenant shall not, without Landlord's prior written consent, make any roof penetrations. Landlord shall have the right and sole discretion to approve the location and form of any roof penetrations. Upon written notice from Landlord, sixty (60) days or decorating alteration more before termination of the Lease, Landlord may require Tenant to remove any or all of said alterations, improvements, additions or Utility Installations prior to the expiration of the Term, and restore the Premises to their original condition. Landlord may require that Tenant remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the Term, and restore the Premises to their prior condition. Landlord may require Tenant to provide Landlord with, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's and materialmen's liens and to insure completion of work. In the event a mechanic's or materialmen's lien is filed against the Premises, or the Property of which the Premises are a part, Tenant shall be required to immediately provide a bond to remove the lien from title. Failure to immediately remove any type of mechanic's or materialmen's lien from the Premises shall be a material default of this Lease. Should Tenant make any alterations, improvements, additions or Utility Installations without the prior approval of Landlord, Landlord may require that Tenant immediately remove any or all of the same and restore the Premises to their prior condition. The immediately preceding two sentences above shall survive the termination of this Lease. (b) Any alterations, improvements, additions or Utility Installations in, or about the Premises, that Tenant shall desire to make, and which require the consent of the Landlord, shall be presented to Landlord in written form, with proposed detailed plans. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a payment or performance bond as provided in Paragraph 7.5 (a) and a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. (c) 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 or on the Premises, which claims are or may be secured by any mechanics' or materialmen's lien against the Premises or any part thereofinterest therein. Tenant shall give Landlord not less than ten (10) in excess of $25,000.00, without obtaining the days' notice prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located commencement of any work in or on the Premises, and Landlord shall have the right to post notices of non-responsibility in or on the Premises as provided by law. (d) Unless Landlord requires their removal, as set forth in Paragraph 7.5(a), all alterations, improvements, additions and Utility Installations, which may be made on the Premises, shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this Paragraph 7.5(d),Tenant's machinery, equipment, and trade fixtures, other than that which is affixed to the structural components of Premises so that it cannot be removed without material damage to the BuildingPremises, are shall remain the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage subject to the building as a result provisions of the removal of Tenant's PropertyParagraph 7.2. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Standard Industrial Lease (Metatec International Inc)

ALTERATIONS AND ADDITIONS. (1a) Except as hereinafter expressly provided, Tenant shall not make no or permit to be made any alterations, additions, changes or improvements in or to the Land or any part thereof without first obtaining the written consent of Landlord thereto (which consent Landlord agrees not to unreasonably withhold, condition or delay, provided Tenant has fully complied with each and every term, covenant and condition in this Lease and, with respect to such alterations, additions, changes or improvements, has provided Landlord with such liability insurance policies and/or surety bonds as Landlord may reasonably request). (b) Before requesting ▇▇▇▇▇▇▇▇'s consent, Tenant shall submit to Landlord detailed plans and specifications in duplicate of such proposed alterations, changes, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess improvements, one of $25,000.00, without obtaining the prior written consent of which copies may be retained by Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition shall be entitled to withhold its consent to any such alterations, additions additions, changes, or improvements, until such time as Tenant provides Landlord with reasonable evidence of the approval of such alterations, additions, changes or improvements by any and all municipal, state, federal or other governmental or other authorities, offices and departments now existing or hereafter created having jurisdiction over the Land, which approvals Tenant shall obtain at its own cost and expense. Landlord will not oppose any approvals sought by ▇▇▇▇▇▇ before the Williston Development Review Board or other planning body/offices, provided that Landlord has first approved such plans/specifications. (c) ▇▇▇▇▇▇▇▇, its architect, agents and employees, shall, upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionnotice, including without limitation the manner in which the work is done and have the right to approve enter upon the contractor by whom Land in a reasonable manner and at all reasonable times during the course of any such alterations, additions, changes or improvements for the purpose of inspection and of finding out whether such work is conforms to be performedthe approved plans and specifications and with the agreements herein contained. (2d) All items installed in Tenant, at its own cost and expense, will cause any and all mechanics' liens and perfections of the same which may be filed against the Land to be paid and satisfied of record within ninety (90) days after Landlord shall send to Tenant written notice by certified mail of the filing of any notice thereof against the Premises or the owner, for or purporting to be for labor or materials alleged to be furnished or to be charged by or for Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on at the Premises, other than the structural components or will bond such mechanics' liens and use its best efforts to have such liens discharged by an order of the Building, are the property a court of Tenant competent jurisdiction within said ninety (collectively, "Tenant's Property"90) and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Propertyday period. (3e) If Any alterations, improvements or other work once begun must be prosecuted with reasonable diligence to completion and be paid for by Tenant performs in full, free and clear of liens or encumbrances against the Land or Landlord, and must be performed in all respects in accordance with law. (f) Landlord shall have no obligation to make any work requiring Landlord's consent prior alterations, improvements or modifications to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryLand.

Appears in 1 contract

Sources: Ground Lease

ALTERATIONS AND ADDITIONS. (1a) Tenant shall has the right to make no alterations, additions or improvements (other than any non-structural change alterations or decorating alteration additions to the Premises or any part thereof) in excess of $25,000.00(Tenant Alterations), without obtaining the provided that Tenant must first obtain Landlord's prior written consent of Landlordconsent, which consent shall Landlord must not be unreasonably withheld withhold, condition, or delayeddelay. Without limiting the foregoing, Landlord may condition its has the right to withhold Landlord’s consent to any alterationsproposed Tenant Alterations that would violate any law, additions ordinance, code, or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionregulation of governmental authorities with jurisdiction, including without limitation or any regulation of the manner in which Board of Fire Underwriters or any similar insurance rating body or bodies, or that would materially and adversely affect the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components appearance or value of the Building, are or the property mechanical, electrical, sanitary, or any other system of the Building. (b) As a condition to giving ▇▇▇▇▇▇▇▇’s consent to Tenant Alterations, Landlord has the right to require that Tenant remove all or a portion of Tenant (collectively, "Tenant's Property") and may be removed by Tenant Alterations at the end of the term expiration or earlier termination of this Lease. Tenant agrees , provided that Landlord must designate all such items to restore any damage to be removed at the building as a result of the removal of Tenant's Propertytime Landlord gives ▇▇▇▇▇▇▇▇’s consent. (3c) If Tenant performs any work requiring As a further condition for Landlord's consent prior ’s consent, Landlord has the right to require that, before the commencement of any such the work, Tenant shall upon request deliver submit to Landlord, certificates issued for Landlord’s approval, plans and specifications that reasonably identify and describe proposed Tenant Alterations. Landlord must review ▇▇▇▇▇▇'s plans and specifications, and inform ▇▇▇▇▇▇, in writing, of Landlord’s approval or disapproval within ten business days after submission by insurance companies qualified ▇▇▇▇▇▇. If Landlord disapproves, Landlord must identify, in writing, each reason for disapproval and identify, in writing, each modification that must be made by Tenant in order to obtain Landlord's approval. If Landlord fails to so inform ▇▇▇▇▇▇ of disapproval within ten business days after submission by Tenant or fails to so identify each modification that is necessary to obtain Landlord’s approval, ▇▇▇▇▇▇'s plans and specifications are deemed approved. (d) Tenant must (i) do business all such Tenant Alterations at reasonable times and in such manner so as not to unreasonably disturb other tenants of the state where the Premises are locatedBuilding, evidencing (ii) complete all such Tenant Alterations in accordance with any plans and specifications that Workmen's Compensation, general liability insurance Landlord approves and property damage insurance, all in amountsa good and workmanlike manner, with companies and on forms reasonably satisfactory materials in quality at least equal to Landlordthe then-present construction, are in full force and effect and maintained by all (iii) cause contractors and subcontractors engaged by Tenant that Landlord approves to perform all such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant Alterations, provided that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord ’s approval is not responsible required for any contractor that Tenant selects pursuant to applicable public bidding laws of the payment for Commonwealth of Massachusetts, (iv) perform and complete all such work Tenant Alterations in compliance with all applicable laws, ordinances, codes, and setting forth regulations of governmental authorities, and with regulations of the Board of Fire Underwriters or any similar insurance body or bodies, and (v) perform and complete all such other information Tenant Alterations at Tenant's sole expense, including the cost of all design work, materials, labor, and state and local permits. Landlord’s approval of any plans and specifications, or changes in plans and specifications, whether expressly given or resulting from ▇▇▇▇▇▇▇▇’s inaction, must never be construed as Landlord may deem necessarya waiver of any of the requirements of this paragraph.

Appears in 1 contract

Sources: Office Lease

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) Leased Premises, in excess of $25,000.00100,000.00 per occurrence including the installation of trade fixtures, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed. Landlord may impose, as a condition to its consent consent, requirements as to any the manner in which, the times at which, and the contractor by whom such work shall be done. All such alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to shall be performed. (2) All items installed in the Premises made by Tenant at its sole cost and all alterations expense, and additions made to the Premises by Tenant and all improvements and fixtures located on the Premisesexcluding trade fixtures, other than the structural components shall be part of the Building, are shall become the property of the Landlord at the time they are placed on the Leased Premises, and shall be surrendered with the Leased Premises upon termination of this Lease. Landlord may, however, by written notice to Tenant given at least thirty (collectively, "Tenant's Property"30) and may be removed by Tenant at days prior to the end of the term term, require Tenant, at Tenant’s sole cost and expense, to remove all partitions, counters, railings, cabling, wiring and the like installed by Tenant in the Leased Premises after the commencement date of this Lease, and in any Expansion Space (as defined in Section 48 herein), after the Expansion Space Commencement Date, and to repair any damage caused by such removal; provided however, Tenant shall not be obligated to remove any improvements if at the time Tenant obtains Landlord’s approval thereof Landlord has agreed that Tenant will not be obligated to remove them. Notwithstanding anything to the contrary in this Lease, Tenant shall retain ownership of, and shall have the right, at its option, to remove from the Building upon the expiration or earlier termination of this Lease, any and all UPS equipment or systems, raised flooring, generators serving computer rooms and all other computer/communications related equipment. All construction work done by Tenant within the Leased Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Building. Tenant agrees to restore defend, indemnify and hold Landlord harmless from and against any loss, liability, claim or damage resulting from such work. In addition, Tenant agrees to indemnify and hold Landlord harmless from and against any and all claims for mechanics, materialmen or other liens in connection with any of Tenant’s alterations, additions or improvements, including trade fixtures. In addition, with respect to alterations, improvements or additions for which Landlord’s prior consent is required, Tenant shall, if required by Landlord, furnish such waiver or waivers of lien in form reasonably satisfactory to Landlord before commencing any work on such alterations, additions or improvements, including trade fixtures. Landlord reserves the right to enter the Leased Premises for the purpose of posting any notices of nonresponsibility as may be permitted by law or desired by Landlord. Landlord acknowledges and agrees that the location of all telephone, telecommunications and computer equipment and related cables and wiring used by Tenant in the Leased Premises and Building prior to the date hereof is acceptable to Landlord, and Tenant shall not be required to relocate, remove or change in any manner the location or type of such equipment. Landlord agrees that Tenant shall be entitled to move furniture or office equipment in or out of the Building, or dispatch or receive any merchandise or materials which requires use of elevators or stairways, or movement through Building entrances or the lobby at any time twenty-four (24) hours per day, seven (7) days per week; provided, however, Tenant shall not unreasonably interfere with or exclude other tenants in the Building from also utilizing elevators or stairways or their movement through Building Entrances or the lobby areas, and shall make reasonable efforts to coordinate its activities with those of other tenants; and provided, further, that any time that Tenant occupies less than twenty-five percent (25%) of the rentable space in the Building, Tenant shall first obtain Landlord’s written consent for and give reasonable notice to Landlord of such activities. Subject to the provisions of Sections 19, 27 and 29, Tenant agrees to assume all risk as to damage to the building articles moved and injury to persons or public engaged or not engaged in such movement, including equipment, property and personnel of Landlord if damaged or injured as a result of acts in connection with carrying out this service for Tenant from time of entering property to completion of work; and Landlord shall not be liable for acts of any person engaged in, or any damage or loss of any of said property or persons resulting from, any act in connection with such service performed for Tenant. All damage done to the removal Building by the improper placing of such heavy items will be repaired at the sole expense of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease Agreement (Kinetic Concepts Inc /Tx/)

ALTERATIONS AND ADDITIONS. (1a) Tenant Shareholder(s) shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00not, without obtaining the prior written consent of Landlordthe Cooperative, which make any alterations to the building structure inside the Apartment or any externally visible alterations or improvements to his Apartment, any alterations in the water, gas or steam pipes, electrical conduits, plumbing or other fixtures connected therewith or remove any additions, improvements or fixtures from the Apartment. Shareholder(s) shall not, without the prior consent shall not be unreasonably withheld of the Cooperative, make alterations or delayed. Landlord may condition its consent improvements to any alterations, additions Common Area or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionExclusive Use Common Area, including any patios. (b) Shareholder(s) shall not, without limitation the manner prior written consent of the Cooperative, install in which the work Apartment any air conditioning equipment, laundry equipment, electric/gas heater or power tools. Each Shareholder agrees that the Cooperative may require the prompt removal of any such equipment at any time and that the failure of Shareholder(s) to remove such equipment upon request shall constitute a default within the meaning of Section 18 of this Agreement. (c) Shareholder(s) may not install any hard surface flooring in the Apartment or permit any sub-flooring to remain exposed without the prior written approval of the Board. (d) Plans and resubmittals thereof shall be approved or disapproved by the Board in writing within thirty (30) days. If a proposed change is done disapproved, the written decision shall include both an explanation of why the proposed change is disapproved and a description of the right to approve procedure for reconsideration of the contractor decision by whom the work is to Board. The approval of the plans, specifications and plot plan may be performed.withheld by reason of the reasonable dissatisfaction of the Board with any of the following reasons: (1) Location of the structure, (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property.Elevation, (3) If Tenant performs Color scheme or finish, (4) Design or style, (5) Proportions, (6) Architecture, shape or height, (7) Appropriateness of the proposed alterations, (8) Materials used therein, (9) Kind, pitch or type of roof proposed to be placed thereon, (10) Planting, landscaping, size, height or location of trees, or (11) Board’s reasonable dissatisfaction with any work requiring Landlord's consent prior or all other matters or things which, in the reasonable judgment of the Board will render the proposed improvement inharmonious or out of keeping with the general plan of improvements of the Development or with the improvements erected on other apartments units. (e) The restrictions herein are not intended to empower the Board to act arbitrarily, capriciously, or whimsically in the process of reviewing plans. Standards should be established which are both reasonable and objective, and which are reasonably ascertainable, and are uniformly and fairly applied to all, and in all cases. The Board shall base their decisions on what is in the best interests of the Development as a whole, and not upon what will appease a particular member or group of members. (f) The Board shall have the right and duty to promulgate reasonable standards against which to examine any request made pursuant to this Occupancy Agreement in order to ensure that the proposed plans conform harmoniously. (g) Should Shareholder make any alterations or additions to the commencement Apartment, Common Areas or Exclusive Use Common Areas without the express written consent of any such workthe Cooperative as required by this Section, Tenant the full cost of restoring the premises to their prior condition shall upon request deliver be borne by Shareholder and promptly paid, on written demand, to Landlordthe Cooperative, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedand, evidencing that Workmen's Compensationif not paid, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord may be levied against Shareholder as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessarya special assessment.

Appears in 1 contract

Sources: Occupancy Agreement

ALTERATIONS AND ADDITIONS. After completion of the initial construction project by Rock Bottom Restaurants, Inc., (1) Tenant's parent corporation), Tenant shall not, without Landlord's prior written consent, either make no or cause to be made any alterations, additions additions, or improvements (other than any non-structural change or decorating alteration to the Premises Property or to any part thereof) exterior signs, shades or awnings which in any one instance involve a cost in excess of $25,000.00, without obtaining the prior written consent of 50,000. Landlord, which 's consent shall not be unreasonably withheld so long as such alterations do not diminish the value of the Property, it being the understanding and agreement of the parties that alterations or delayedmodifications which are consistent with a commercial use of the Property or the Premises will not be deemed to reduce the value of the Property. In the event Landlord's consent is required under this paragraph 7.01, Tenant shall present to Landlord may plans and specifications for such work at the time approval is sought, and prior to commencement of construction. Any plans and specifications not expressly disapproved by Landlord, in writing, stating all reasons for such disapproval, on or before the fifteenth (15th) day after submission by Tenant shall be deemed approved. In any event, Landlord's consent shall not be unreasonably withheld, conditioned or delayed so long as such alterations do not diminish the value of the Property, it being the understanding and agreement of the parties that alterations or modifications which are consistent with a commercial use of the Property or the Premises will not be deemed to reduce the value of the Property. Tenant shall appoint its own designer, architect and contractor for the any work to be performed on the Premises or the Building by Tenant. As a further condition its to Landlord's consent to any alterations, additions additions, or improvements upon such reasonable requirements improvements, Tenant shall, as Landlord may deem necessary in its reasonable discretionrequired or permitted by Iowa law, including without limitation the manner in which the work is done advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the right to approve file a Mechanic's Lien against the contractor Property owned by whom the work is Landlord. The Tenant hereby agrees to be performed. (2) All items installed in hold the Premises by Tenant Landlord harmless from any and all alterations liabilities of every kind and additions made to the Premises by Tenant and all improvements and fixtures located on the Premisesdescription which may arise out of or be connected in any way with said alterations, other than the structural components of the Buildingadditions, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Leaseor improvements. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs Before commencing any work requiring in connection with alterations, additions, or improvements, the Tenant, if requested by Landlord, and only in those instances when Landlord's consent prior is required hereunder, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against liabilities which are customarily covered by such insurance and which may arise out of or be connected in any way with said additions, alterations, or improvements, except such liabilities as may arise from the negligent act or failure to the commencement act of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedits agents, evidencing that Workmen's Compensationrepresentatives, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled employees or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryservants.

Appears in 1 contract

Sources: Restaurant Lease (Rock Bottom Restaurants Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant 9. Lessee shall make no alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, thereof (collectively "Alterations1 without first obtaining the prior written consent of Landlordthe Lessor, which consent shall not be unreasonably withheld withheld; provided, however, Lessee may make non-structural Alterations to the Premises without Lessor's consent provided that (a) no building permit is required for such Alteration, (b) such Alteration will not affect the Building's exterior appearance or delayedbuilding systems, and (c) the cost of such Alterations are not more than ________. Landlord All Alterations shall be in accordance with plans and specifications reasonably approved by Lessor and shall be carried out by a reputable licensed contractor and in compliance with all applicable laws, codes, rules and regulations. The Lessor may impose as a condition its to the aforesaid consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionadditional customary requirements, including without limitation requirements respecting the manner in which the work is done and the done, Lessor's right to approve of approval of the contractor by whom the work is to be performed. (2) All items installed in , and the Premises by Tenant and all alterations and additions made times during which it is to be accomplished. Upon written request of Lessor prior to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components expiration or earlier termination of the BuildingLease, are Lessee will remove any or all Alterations installed by or for Lessee, except alterations as to which Lessor has waived such removal obligation; and, at Lessee's request at the time Lessor's consent to an Alteration is requested, Lessor will inform Lessee whether Lessor will waive the removal obligation as to such Alteration.AU Alterations not specified to be removed shall at the expiration of earlier termination of the Lease become the property of Tenant (collectivelythe Lessor and remain upon and be surrendered with the Premises. All movable furniture, "Tenant's Property") business and trade fixtures, and machinery and equipment shall remain the property of the Lessee and may be removed by Tenant the Lessee at any time during the end Lease term. Items which are not to be deemed as movable furniture, business and trade fixtures, or machinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other installation which has become an integral part of the term of this LeasePremises. Tenant agrees to restore any damage to The Lessee will give the building as a result of the removal of Tenant's Property. Lessor five (35) If Tenant performs any work requiring Landlord's consent business days notice prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such Alterations work and setting forth such other information as Landlord may deem necessarywill at all times permit notices of non-responsibility to be posted and to remain posted until the completion of Alterations.

Appears in 1 contract

Sources: Attornment Agreement (Mobileiron, Inc.)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not, without Landlord's prior written consent, make no any alterations, improvements or additions in or about the Premises except for nonstructural work which does not exceed One Hundred Thousand Dollars ($100,00O) in cost. As a condition to giving any such consent, Landlord may require Tenant to remove any such alterations, improvements, or additions at the expiration of the Term, and to restore the Premises to their prior condition, reasonable wear and tear excepted. If Landlord so elects, Tenant at its sole cost shall restore the Premises to their prior condition, reasonable wear and tear excepted, before the last day of the Term of the Lease. Before commencing any work relating to the alterations, additions or improvements (other than any affecting the Premises, Tenant shall notify Landlord in writing of the expected date of the commencement of such work so that Landlord can post and record the appropriate notices of non-structural change responsibility to protect Landlord from any mechanic's liens, materialman liens or decorating alteration any other liens. In any event, Tenant shall pay, when due, all claims for labor and materials furnished to or for Tenant at or for use in the Premises. Tenant shall not permit any mechanic's liens or materialmen's liens to be levied against the Premises for any labor or material furnished to Tenant or claims to have been furnished to Tenant or Tenant's agents or contractor in connection with work of any part thereof) in excess character performed or claimed to have been performed on the Premises by or at the direction of $25,000.00, without obtaining the prior written consent of Landlord, which consent Tenant; Tenant shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and have the right to approve contest the contractor validity of any such lien if, immediately on demand by whom Landlord, Tenant procures and records a lien release bond meeting the work requirements of Landlord and shall provide for the payment of any sum that the claimant may recover on the claim (together with the costs of suit, if it is to be performed. (2) All items installed recovered in the action). Unless Landlord requires their removal as set forth above, all alterations, improvements or additions which are made on the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are shall become the property of Tenant (collectively, "Tenant's Property") Landlord and may remain upon and be removed by Tenant surrendered with the Premises at the end expiration of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's PropertyTerm. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Agreement of Limited Partnership (Resort at Summerlin Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the said Premises ("Alterations"), or any part thereof) in excess of $25,000.00, without obtaining (i) the prior written consent of LandlordLandlord first had and obtained, which consent and (ii) delivering to Landlord the proposed architectural and structural plans for all such Alterations. At the time Tenant requests ▇▇▇▇▇▇▇▇'s consent, Landlord shall not be unreasonably withheld or delayed. notify Tenant as to whether Landlord may condition its consent to any alterations, additions or improvements upon will require such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is Alteration to be performed. (2) All items installed in removed from the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this LeaseLease term. After having obtained ▇▇▇▇▇▇▇▇'s consent, ▇▇▇▇▇▇ agrees that it shall not proceed to make such Alterations until (i) Tenant has obtained all required governmental approvals and permits, and (ii) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. ▇▇▇▇▇▇ further agrees to restore any damage provide ▇▇▇▇▇▇▇▇ (i) written notice of the anticipated start date and actual start date of the work. and (ii) a complete set of half-size (15" X 21") vellum as-built drawings. All Alterations shall be constructed in compliance with applicable buildings codes and laws. Any Alterations, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord, but shall nevertheless be subject to removal by Tenant if Landlord so notifies Tenant at the time Landlord provides its consent to the building as a result installation of the removal Alteration. Alterations which are not to be deemed as trade fixtures shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other installation which has become an integral part of the Premises. All Alterations shall be maintained, replaced or repaired by Tenant at Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to sole cost and expense. Notwithstanding the commencement of any such workforegoing, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' required to obtain Landlord's prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in consent for any non-structural Alterations (which do not effect the Premises in locations which will be mechanical or electrical systems and are not visible by persons performing any work on from the Premises stating that Landlord is not responsible for exterior of the payment for such work and setting forth such other information as Landlord may deem necessaryPremises) costing Twenty-Five Thousand Dollars ($25,000) or less.

Appears in 1 contract

Sources: Declaration of Reciprocal Easement, Easements and Covenants (Terayon Communication Systems)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterations, additions or improvements (other than any Except for non-structural change interior alterations and additions costing less than $15,000.00 per alteration or decorating addition, Tenant shall not make, or permit to be made, any alteration or addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which such consent not to be unreasonably withheld. Landlord's failure to disapprove proposed alterations or additions within 10 working days after Landlord's receipt of the request for approval, shall be deemed approval. Normal repair and maintenance work shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is deemed to be performedan alteration or addition to the Premises. (2b) All items installed in Any alteration or addition to the Premises (including those in subparagraph (a)) shall be at Tenant's sole cost and expense, in compliance with all applicable laws and requirements requested by Tenant Landlord, and all in accordance with plans and specifications submitted in writing to Landlord and approved as to alterations and additions costing over $15,000.00. (c) All additions, alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made to the Premises by Tenant and Tenant, together with all improvements and fixtures located on the Premises, other than the structural components property that has become an integral part of the Building, are shall at once be and become the property of Landlord, and shall not be deemed trade fixtures, but any or all are subject to removal pursuant to paragraph 10 hereof. Notwithstanding the foregoing, the following Tenant improvements, if paid for by Tenant and not included in the Tenant Improvement Allowance, namely telecommunication and computer-related equipment, including specialized flooring, cabling, air conditioning equipment (collectivelyfor the sole purpose of cooling said computers), "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. so long as Tenant agrees to restore repairs any damage to the building as a result of the removal of Tenant's Propertycaused by such removal. (3d) If Tenant performs any work requiring Landlord's agrees not to proceed to make such alterations or additions, notwithstanding consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified from Landlord to do business in the state where the Premises are locatedso, evidencing that Workmenuntil five (5) days after Tenant's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform receipt of such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryconsent.

Appears in 1 contract

Sources: Sublease Agreement (Oak Technology Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterationsnot make, additions or improvements permit to be made, any alteration, addition or improvement (other than any non-structural change or decorating alteration hereinafter referred to individually as an "Alteration" and collectively as the "Alterations") to the Premises or any part thereof) in excess of $25,000.00, thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or delayed. Landlord may condition to withhold its consent to any alterationsAlteration which affects the structural portions of the Premises, additions the Building or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretionthe Project or the Systems serving the Premises, including without limitation the manner in which Building and/or the work is done and the right to approve the contractor by whom the work is to be performedProject or any portion thereof. (2b) All items installed in the Premises by Tenant and all alterations and additions made Any Alteration to the Premises shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. As a further condition to giving, consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, with evidence satisfactory to Landlord of Tenant's financial ability to pay the costs and expenses of the proposed Tenant Improvements. Before Alterations may begin, valid building, permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its costs (including, without limitation, the costs of any construction manager retained by Landlord, provided that the costs of such construction manager shall not exceed five percent (5%) of the total "hard" and "soft" costs of the applicable Alterations) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the course of construction, at its sole cost and expense, builders' risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its' contractor(s) procure and maintain in full force and effect during the course of construction a "broad form" commercial general liability and property damage policy of insurance naming Landlord, Landlord's investment advisor and agent, UBS ▇▇▇▇▇▇▇ Realty Investors LLC, Tenant and Landlord's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00). (c) All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of Premises or the Building, are shall, solely for federal and state income tax purposes, be deemed the property of Tenant (collectivelyupon installation; provided, "however, that such Alterations and property shall automatically be and become the property of Landlord for all purposes upon the expiration or sooner termination of this Lease without the need for any further documentation from Tenant, and shall not be deemed trade fixtures or Tenant's Property") and may be removed . If requested by Landlord, Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent will pay, prior to the commencement of construction (excluding Alterations consisting solely of paint and carpeting), an amount determined by Landlord necessary to cover the costs of demolishing such Alterations and/or the cost of returning the Premises and the Building to its condition prior to such Alterations. Landlord shall return such amount to Tenant promptly following Tenant's demolition of such Alterations and restoration of the Premises and the Building. (d) No private telephone systems and/or other related computer or telecommunications equipment or lines may be installed without Landlord's prior written consent. If Landlord gives such consent, all equipment must be installed within the Premises and, at the request of Landlord made at any time prior to the expiration of the Term, removed upon the expiration or sooner termination of this Lease and the Premises restored to the same condition as before such workinstallation. (e) Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall upon request deliver obtain the written permission of Landlord. Landlord may refuse to Landlordgrant such permission unless Tenant agrees to pay the costs to Landlord for installation of supplementary air conditioning capacity or electrical systems necessitated by such equipment. (f) Tenant agrees not to proceed to make any Alterations, certificates issued by insurance companies qualified notwithstanding consent from Landlord to do business in the state where the Premises are locatedso, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, until Tenant has provided Landlord with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' at least fifteen (15) days prior written notice of the date Tenant desires to Landlordcommence construction or installation of such Alterations, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. FurtherTenant will at all times permit such notices to be posted and to remain posted until the completion of work. (g) Landlord shall provide an allowance to Tenant in the amount specified in the Basic Lease Information'("Alterations Allowance") for the making of Alterations to the Premises following the Commencement Date, provided that such Alterations are made in full compliance with the terms of this Paragraph 13. Landlord shall disburse the Alterations Allowance to Tenant shall permit following, the completion of the Alterations and the delivery to Landlord of invoices, lien waivers and other documents requested by Landlord to post notices in evidence the Premises in locations which will be visible by persons performing any work on lien-free completion of the Premises stating Alterations; provided, however, that Landlord shall have no obligation to disburse all or any portion of the Alterations Allowance to Tenant after the first anniversary of the Commencement Date, and any portion that is not responsible disbursed after such anniversary shall no longer be available to Tenant hereunder. The Alterations Allowance shall be the maximum contribution by Landlord for the payment for Alterations. Should the actual cost of planning and constructing such work and setting forth such other information as Landlord may deem necessaryAlterations be less than the Alterations Allowance, the Alterations Allowance shall be reduced to an amount equal to said actual cost.

Appears in 1 contract

Sources: Lease Agreement (Paypal Inc)

ALTERATIONS AND ADDITIONS. (1) Section 12.01. Tenant shall make no alterations, additions installations, additions, substitutions or improvements (other than any non-structural change hereinafter sometimes collectively referred to as "Alterations"), whether or decorating alteration not the same shall constitute waste, in or to the Demised Premises without Landlord's prior written consent, except that Landlord's consent shall not be required for Alterations to the interior of the Improvements, provided that (i) neither the outside appearance nor the roof facade or structural integrity of the Improvements shall be affected and (ii) the proper functioning or basic design of any of the mechanical, electrical, heating, ventilating or air conditioning and other systems of the improvements shall not be adversely affected or adversely modified. Landlord shall not unreasonably withhold or delay its consent to Alterations (a) physically affecting any part thereofof the Demised Premises exclusive of the Improvements, (b) which will not adversely affect the structural integrity of the Improvements, or (c) which do not affect the roof of the Improvements. Prior to the commencement of any Alterations, Tenant will give Landlord written notice thereof together with plans and specifications for the work (if plans and specifications are customarily prepared for such work), and will otherwise comply with the provisions of this Article 12. Tenant shall promptly pay all costs and expenses incurred in excess connection with each such addition, alteration, removal or substitution and shall discharge any and all liens filed against the Demised Premises arising out of $25,000.00each thereof Tenant shall procure and pay for all permits and licenses required in connection with any such addition, alteration, removal or substitution. All Alterations constructed or caused to be constructed by Tenant shall be of a quality appropriate for first class office buildings in the Boca Raton, Florida area. Provided, however, notwithstanding anything contained herein to the contrary, Tenant shall have the right, prior to occupancy of the Demised Premises, to make the alterations described on Exhibit "B" of this Lease, without obtaining the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Sublease Agreement (Daleen Technologies Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no not make, or suffer to be made, any ------------------------- alterations, improvements or additions in, on, or improvements (other than any non-structural change about, or decorating alteration to the Premises or any part thereof) in excess thereof (except for non-structural alterations costing less than $10,000 which shall not require Landlord's prior written consent provided such work does not interfere with the rights of $25,000.00other tenants of the Building), without obtaining the prior written consent of LandlordLandlord and without a valid building permit issued by the appropriate governmental authority. In any event, Tenant hereby covenants and agrees to deliver written notice to Landlord at least ten (10) days prior to such commencement of any construction to allow Landlord to post notices of non-responsibility as outlined in this Section. Landlord retains, at its sole option, the right to perform all repairs, alterations, improvements or additions in, on, about, or to said Premises or any part thereof. As a condition to giving such consent, Landlord may require that Tenant agree to remove any such alterations, improvements or additions at the termination of this Lease, and to restore the Premises to their prior condition. Any alteration, addition or improvements to the Premises, except movable furniture and trade fixtures shall become the property of Landlord upon installation (unless Landlord indicates at the time Landlord grants consent that such shall be removed before the last day of the term of the Lease, as the same may be extended), and shall remain upon and be surrendered with the Premises at the termination of this Lease. If Landlord so elects, Tenant shall restore the Premises to the condition existing prior to installation of the alteration, addition or improvement before the last day of the term, as the same may be extended. Alterations and additions which are deemed as trade fixtures include computers, Halon fire systems, telephone systems and furniture. In the event Tenant makes any alterations, improvements, or additions to the Premises, Landlord shall have the right to enter the Premises during Tenant's business hours and after reasonable prior notice, to post such notices of non-responsibility, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any remain posted until completion of the alterations, additions or improvements upon improvements. Tenant's failure to notify Landlord as set forth herein in order to allow Landlord to post such reasonable requirements as notices of non-responsibility shall be a breach of this Lease and Tenant shall indemnify Landlord may deem necessary in its reasonable discretionfrom and against all claims, losses, damages, and/or liability resulting therefrom, including without limitation reasonable attorney's fees. If, during the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in term hereof, any alteration, addition or change of any sort through all or any portion of the Premises is required by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premiseslaw, other than the structural components regulation, ordinance or order of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building public agency as a result of the removal of Tenant's Propertyparticular use, Tenant, at its sole cost and expense, shall promptly make the same. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Office Lease (Hall Kinion & Associates Inc)

ALTERATIONS AND ADDITIONS. (1) 9.3.1 Tenant shall have the right, without having obtained the prior written consent of Landlord and provided that no Event of Default then exists, (i) to make non-structural Alterations or Additions or a series of related non-structural Alterations or Additions that, as to any such Alterations or Additions or series of related Alterations or Additions, do not cost in excess of E250,000 with respect to any Related Premises and (ii) to install Fixtures in the Improvements or accessions to the Fixtures that, as to such Fixtures or accessions, do not cost in excess of E250,000 with respect to any Related Premises, so long as at the time of construction or installation of any such Equipment or Alterations or Additions no alterations, additions or improvements (other than Event of Default exists and the value and utility of the Premises is not diminished thereby. If the cost of any non-structural change Alterations or decorating alteration to the Premises Additions, series of related non-structural Alterations or any part thereof) Additions, Fixtures or accessions thereto is in excess of $25,000.00E250,000 or if Tenant desires to make structural Alterations or Additions to any Related Premises, the prior written approval of Landlord shall be required. Tenant shall not construct upon the Land any additional buildings without obtaining having first obtained the prior written consent of Landlord. Landlord shall have the right to require Tenant to remove any Alterations or Additions except for those Alterations required by Law or for which Landlord has agreed in writing that removal will not be required. 9.3.2 If Tenant desires to make any Alterations pursuant to this Clause 9.3 or as required by Clauses 9.2, which consent 9.8 or 9.16 (such Alterations or Additions and actions being hereinafter collectively referred to as "Work"), then (i) the market value of each of the Related Premises shall not be unreasonably withheld lessened by any such Work or delayed. its usefulness impaired, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Laws, (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the replacement of Fixtures or parts thereto, all replacement Fixtures or parts shall have a value and useful life equal to the greater of (A) the value and useful life on the date hereof of the Fixtures being replaced or (B) the value and useful life of the Fixtures being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Fixtures was then in the condition required by this Lease), (vi) Tenant shall pay all contractors for such Work in accordance with and within the time frames set forth in any agreement with such contractor for such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such Work, (viii) all such Work shall be the property of Landlord may condition its consent and shall be subject to this Lease, and Tenant shall execute and deliver to Landlord any document requested by Landlord evidencing the assignment to Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein, and (ix) Tenant shall comply, to the extent requested by Landlord or required by this Lease, with the provisions of Clause 9.16, whether or not such Work involves restoration of any Related Premises. 9.3.3 The Tenant shall not be entitled to make any Alterations or Additions to any alterationspart of the Premises if a building permit is required for making such Alterations and Additions, additions unless written consent from the Landlord is received. 9.3.4 To remove prior to the Termination Date any Alterations or Additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises if required by Landlord, remove any plant and machinery installed at the Premises by the Tenant or any other occupier and all forthwith make good any damage caused by such removal in a good workmanlike manner. 9.3.5 The Tenant will not receive any compensation or reimbursement of expenses incurred in connection with installing any Alterations or Additions or improvements and fixtures located on to the Premises, other than the structural components regardless of the Buildingwhether the Tenant removes them from the Premises or is instructed not to do so by the Landlord. 9.3.6 For the avoidance of doubt the Lease Parties acknowledge that all Fixtures, personal property and all trade fixtures, machinery, office, manufacturing and warehouse equipment (including any replacements thereof) which are not necessary to the operation of the Improvements are and shall remain the property of Tenant Tenant, including: - the entire conveyance system (collectivelyFordertechnik), "Tenant's Property") namely packages and may be removed by Tenant pallet conveyance system including high bay racking and automated small parts storage (Paket- und Palettenfordertechnik inkl. Hochregallager und automatisches Kleinteilelager), - outdoor and indoor video equipment including the corresponding IT hardware, - all systems for storing goods, namely pallet rack, base shelf and packages flow rack (Palettenregal, Fachboden und Kollidurchlaufregale), - all steel grating surfaces in ▇▇ ▇▇, - electronic alert system for loading and unloading at the end all ramps, including theft protection systems for truck trailers (Elektronische Warnanlage zur Be- und Entladung an ▇▇▇▇▇ ▇▇▇▇▇▇, inkl. Diebstahlsicherungssystem fur LKW-Anhanger), - pallet elevator in WE (North side), and - equipment for disposal of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Propertywaste and paperboard containers (new building, north side). (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease Agreement (Corporate Property Associates 17 - Global INC)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterationsnot make, additions or improvements permit to be made, any alteration, addition or improvement (other than any non-structural change or decorating alteration hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises or any part thereof) in excess of $25,000.00, thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or delayed. Landlord may condition to withhold its consent to any alterationsAlteration which affects the structural portions of the Premises or the Building or the Systems serving the Premises and/or the Building or any portion thereof. Without limiting the foregoing, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation if the manner in which capacity of the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items Server Room HVAC Unit installed in the Premises by pursuant to Paragraph 9(a) above is insufficient to meet Tenant’s requirements for the use of the Premises, Tenant shall have the right to install a supplemental HVAC unit (“Supplemental HVAC”), subject to Landlord’s approval of such Supplemental HVAC as an Alteration pursuant to the provisions of this Paragraph 11. The Supplemental HVAC shall be installed, if at all, at Tenant’s sole cost and expense, without any reimbursement from Landlord, and upon installation the Supplemental HVAC shall become a part of the Server Room HVAC Unit for all alterations purposes under this Lease other than the definitions of Tenant Improvements and additions made Server Room HVAC Costs set forth in Paragraph 9(a) above. (b) Any Alteration to the Premises by Tenant shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and all improvements and fixtures located on requirements requested by Landlord, including, without limitation, the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement requirements of any such workinsurer providing coverage for the Premises or the Building or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. In connection with any Alteration, Tenant shall upon request deliver plans and specifications therefor to Landlord. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, certificates issued and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its costs (including, without limitation, the reasonable costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the course of construction, at its sole cost and expense, builders’ risk insurance companies qualified for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to do business in and without limitation on the state where generality of the Premises are locatedforegoing, evidencing Tenant shall ensure that Workmen's Compensation, general liability insurance its contractor(s) procure and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are maintain in full force and effect during the course of construction a “broad form” commercial general liability and maintained property damage policy of insurance naming Landlord, Tenant, any property manager designated by Landlord and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Five Million Dollars ($5,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00). (c) All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all contractors property that has become an integral part of the Premises or the Building, shall at once be and subcontractors engaged by Tenant to perform such work. All such policies become the property of Landlord, and shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled deemed trade fixtures or modified Tenant’s Property. (d) No private telephone systems and/or other related computer or telecommunications equipment, cabling or lines may be installed in the Premises without 10 days' Landlord’s prior written notice consent, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord gives such consent, all equipment must be installed within the Premises and, at the request of Landlord made at any time prior to Landlord. Furtherthe expiration of the Term, removed upon the expiration or sooner termination of this Lease and the Premises restored to the same condition as before such installation. (e) Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall permit obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the costs to Landlord for installation of supplementary air conditioning capacity or electrical systems necessitated by such equipment. (f) Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence construction or installation of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. (g) Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises Premises, whether in locations which connection with any Alteration or otherwise, if it is reasonably foreseeable that such employment will be visible materially interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by persons performing Landlord, Tenant or others. In the event of any work on such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryBuilding immediately.

Appears in 1 contract

Sources: Lease Agreement (Lionbridge Technologies Inc /De/)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change or decorating alteration Alterations to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which Landlord first had and obtained by Tenant; such consent shall not be unreasonably withheld or delayedand such consent to Alterations shall not be valid until such time as said consent is executed by both Landlord and Tenant and a fully executed copy delivered by Landlord to Tenant (“Consent to Alterations”). Provided Tenant requests in writing such predetermination from Landlord, said Consent to Alterations shall specify whether Landlord shall require removal of said Alterations. Any Alteration of the Premises except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. Any such Alterations shall be paid for one hundred percent (100%) by Tenant. Landlord may reserves the right to approve all contractors and mechanics proposed by Tenant to make such Alterations. As a pre-condition to Landlord granting its consent to any alterationsAlterations, additions Tenant shall deliver plans and specifications for Landlord’s review and approval, and within five business days of completion of said Alterations, Tenant shall deliver to BUILDING: 1098 Alta PROPERTY: 1-0001 UNIT: 1 LEASE ID: 0001-SONI01-01 Landlord an original 1/8” scaled sepia or improvements upon such reasonable requirements an other electronic format as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done solely determined by Landlord. Tenant shall retain title to all moveable furniture and the right to approve the contractor by whom the work is to be performed. (2) All items installed trade fixtures placed in the Premises Premises. All heating, lighting, electrical, air conditioning, security systems, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such Alterations, without having obtained consent from Landlord to do so, and until five (5) business days from the structural components receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s Alterations. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. As a condition of Landlord’s Consent to Alterations to the Premises, after Landlord provides written Consent to Alterations and prior to any work commencing on the Alterations, Landlord may, at its sole and absolute discretion, require Tenant to secure and provide to Landlord at Tenant’s own cost and expense, a completion and lien indemnity letters of credit, satisfactory to Landlord in the amount of one hundred fifty percent (150%) of the Buildingcost to fund the original construction of any Alterations (“Letter of Credit A”) and, if Landlord does not agree in the Consent to Alterations that said Alterations are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant to remain at the end of the term Lease Term, an additional letter of this Lease. Tenant agrees credit in the amount of one hundred fifty percent (150%) of the cost to restore any damage to fund the building as a result subsequent cost of the removal of Tenant's Property. said Alterations and the restoration of the Premises at the Termination Date (3“Letter of Credit B”). Said performance Letters of Credit shall be kept in place as follows: for Letter of Credit A, for sixty (60) If days after the completion of the original construction of said Alterations; and for Letter of Credit B, the later of (a) sixty (60) days after the Termination Date or (b) sixty (60) days after the completion of the restoration work and Tenant performs any work requiring Landlord's consent prior has provided Landlord with proof of payment to respective vendors and copies of recorded full unconditional lien release related to the commencement Alterations and/or restoration work. Notwithstanding anything to the contrary, Landlord hereby waives said performance Letters of any such workCredit with regard to Tenant’s initial installation of a security system within the Premises; PROVIDED, HOWEVER, that (1) Landlord has given prior written approval for the security system to be installed by Tenant; and (2) by no later than January 31, 2005, Tenant shall upon request deliver provide to Landlord, certificates issued by insurance companies qualified Landlord (i) written proof of full payment to do business in the state where respective vendors for the Premises are located, evidencing that Workmen's Compensation, general liability insurance installation of said approved security system; and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory (ii) a full unconditional lien waiver to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment of said security system. Tenant further covenants and agrees that any mechanic’s lien filed against the Premises for such work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) days after notice of filing thereof, at the cost and setting forth such other information as expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord may deem necessaryand Tenant.

Appears in 1 contract

Sources: Lease Agreement (Sonics, Inc.)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not make no alterationsany alterations to any structural component of any Building (including, additions but not limited to exterior walls, foundations, roof and ceilings), or improvements (other than utility installations on or about any non-structural change or decorating alteration to Premises without the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior express written consent of the Landlord; provided, however, that the Landlord will not unreasonably delay or withhold consent. As used in this section, the term "utility installations" shall include ducting, power plants, space heaters, conduit, and wiring. (b) Tenant shall provide Landlord with written notice of each contractor or subcontractor performing work on any Leased Property. Landlord's consent to the selection of such contractors or subcontractors shall not be required for construction on the Leased Property not exceeding $100,000.00. Landlord shall have the right to approve any contractors or sub-contractors for work on any Leased Property which is reasonably expected to exceed $100,000.00, which consent approval shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2c) All items installed in the Premises by Tenant alterations, changes, additions, improvements, and all alterations and additions utility installations (whether or not such utility installations constitute trade fixtures of Tenant) which may be made to any Leased Property, shall at the Premises expiration or earlier termination of this Lease, become the property of the Landlord and remain upon and be surrendered with the Leased Property. The Equipment, inventory and any other personal property, to the extent owned by Tenant and all improvements and fixtures located on the PremisesTenant, other than the structural components of the Buildingthat which is affixed to any Building or Premises so that it cannot be removed without material damage to such Building or Premises, are shall remain the property of Tenant (collectivelythe Tenant, "Tenant's Property") and may be removed by the Tenant subject to the provisions of Section 8.23, at the end of any time during the term of this Lease. Lease when Tenant agrees to restore is not in default of any damage to the building as a result of the removal provisions of Tenant's Propertythis Lease beyond any applicable notice and cure period. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Restaurant Lease (Ich Corp /De/)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no not make, or suffer to be made, any alteration or addition to the Premises, or any part thereof, without the written consent of Landlord, not to be unreasonably withheld, first hand and obtained by Tenant, but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. If Landlord consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall be made by Landlord at Tenant’s sole cost and expense. Any modifications to the building or building systems required by governmental code for Tenant’s use or otherwise as a result of Tenant’s alterations, additions or improvements (other than any non-structural change or decorating alteration shall be made at INITIAL HERE INITIAL HERE Tenant’s sole cost and expense. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises or any Premises. All heating, lighting, electrical, airconditioning, partitioning, drapery, carpeting and floor installations made by Tenant, together with all property that has become an integral part thereof) in excess of $25,000.00the Premises, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make any damage alterations or additions, without having obtained consent from Landlord to do so, and until five (5) days from the building as a result receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and to remain posted until the removal completion of Tenant's Property. (3) If work. Tenant performs any work requiring Landlord's consent prior to the commencement of any such workshall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant’s own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide Tenant further covenants and agrees that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in any mechanic’s liens filed against the Premises in locations which or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be visible discharged by persons performing any work on Tenant, by bond or otherwise, within ten (10) days after the Premises stating that filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant.

Appears in 1 contract

Sources: Lease Agreement (Sonim Technologies Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the express prior written detailed request to and consent of Landlord, Landlord first obtained by Tenant which consent shall not be unreasonably withheld withheld. Any repairs, replacements, additions, or delayed. alterations to the Premises shall be made at Tenant’s sole cost and expense; in conform to all laws, and shall become at once a part of the Premises and belong to landlord, except that Tenant shall retain title to all moveable furniture and trade fixtures installed at Tenants sole cost Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve all contractors, suppliers and mechanics proposed by Tenant to make such alterations and additions which approval shall not be unreasonably withheld, conditioned or delayed. Unless otherwise expressly provided by such written consent all such repairs, replacements, alterations and additions shall be of the contractor by whom same materials and shall conform to the work is to be performed. (2) All items installed same design and building standards as existed in the Premises upon the date Tenant first took possession thereof. All heating, plumbing, lighting, electrical, air conditioning, partitioning, wall coverings, doors, glass, draperies, window shades, ceilings, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alterations or additions until ten (10) days after having received written consent from Landlord to do so, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s alterations and additions, Tenant will at all times permit such notices to be posted and remain posted until the structural components completion of work. Tenant shall, If required by Landlord, post additional security for such work until such work is completed. Tenant further covenants and agrees that any mechanic’s lien filed against the BuildingPremises for work claimed to have been done for Tenant or materials claimed to have been furnished to Tenant will be paid or discharged by Tenant, are by bond or otherwise, within fifteen (15) days after the property of Tenant (collectivelyfiling thereof, "Tenant's Property") and may be removed by Tenant at the end sole cost and expense of Tenant. Unless indicated by Landlord in writing as part of its approval of Tenant’s request for alterations, improvements or additions. Tenant shall not be required to remove such alterations, improvements or additions upon the term expiration or sooner termination of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease Agreement (Anda Networks Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no alterations, additions or improvements (other than any non-structural change or decorating alteration allow to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to made any alterations, additions or improvements upon such reasonable requirements to or on the Leased Premises or any part thereof without the written consent of Landlord first had and obtained, and any alterations, additions or improvements to or of said Leased Premises, including, but not limited to wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures installed by Tenant, shall at once become a part of the realty as further evidenced by the signing and filing of a UCC-1 designating the Landlord may deem necessary the Secured Party and shall be surrendered with the Leased Premises if here is a default in its reasonable discretioncomplying with the terms of the lease. In the event Landlord consents to the making of any alterations, including without limitation additions or. improvements to the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Leased Premises by Tenant and all alterations and additions Tenant, the same shall be made to the Premises by Tenant in a good, workmanlike and diligent manner at Tenant's sole cost and expense, in accordance with law, with Tenant to obtain all improvements and fixtures located on applicable permits. Upon the Premises, other than the structural components expiration or sooner termination of the Buildingterns hereof, are the property of Tenant shall, upon written demand by Landlord, given at least thirty (collectively, "Tenant's Property"30) and may be removed by Tenant at days prior to the end of the term of this Lease. term, at Tenant's sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant, designated by Landlord to be removed, and Tenant agrees to restore shall forthwith and will all due diligence, at its sole cost and expense, repair any damage to the building as a result of the removal of Tenant's PropertyLeased premises caused by such removal. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Commercial Lease Agreement (Chorum Technologies Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not, without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion, make no any structural or exterior alterations, additions additions, improvements or utility installations ("Structural Alterations") in, on or about the Premises. Any request for additions, alterations, or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereofwhich are not Structural Alterations ("Non-Structural Alterations") in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, (Structural Alterations and Non-Structural Alterations are collectively referred to herein as "Alterations"). Landlord hereby consents to all Nonstructural Alterations during the Term, the cost of which does not exceed Fifty Thousand and 00/100 Dollars ($50,000.00) in the aggregate in any one Lease Year, provided Landlord receives at least ten (10) business days' prior written notice of such Non-Structural Alterations together with reasonably detailed documentation showing that such Alterations are Non-Structural Alterations. However, any Alterations to be made by Tenant before the commencement of the Initial Term shall be submitted to Landlord for prior approval. As a condition to its consent, Landlord may condition its require Alterations to be made under the supervision of a competent architect or structural engineer in accordance with plans and specifications approved in advance by Landlord. In determining whether to grant or deny such consent, Landlord may also consider the aesthetics of any proposed Alterations and whether such Alterations would enhance the physical appearance and value of the Premises. At the time Tenant requests consent to any alterationsAlterations, additions or improvements upon Tenant may request of Landlord that Landlord inform Tenant at the time of granting such reasonable requirements as Landlord may deem necessary in its reasonable discretionconsent, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work if consent is to be performed. granted, whether or not Landlord will require removal of the proposed Alteration upon the expiration or earlier termination of this Lease (2a "Removal Determination"). If Landlord fails to respond to a request for a Removal Determination within fifteen (15) All items installed in the Premises by Tenant and all alterations and additions made business days after such request, Landlord shall be deemed to the Premises by Tenant and all improvements and fixtures located on have determined that Landlord will withhold its decision regarding such removal until surrender of the Premises. Upon completion of any Alterations, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage (i) cause a Notice of Completion to be recorded in the building as a result Office of the removal County Recorder in the County of Orange in accordance with Section 3093 of the California Civil Code, and (ii) cause Tenant's Property. (3) If architect to complete and sign the Architect's Certificate in the form attached hereto as Exhibit "F". All such Alterations shall be done in a good, workmanlike manner, shall be diligently prosecuted to completion and shall be performed and done strictly in accordance with all applicable governmental statutes, laws, rules, regulations, ordinances and orders now in effect or hereinafter enacted, including, without limitation, the State of California Title 24 Energy Regulations, The Americans with Disabilities Act of 1990, and any amendments thereto. In any event, Tenant performs any work requiring Landlord's consent shall give Landlord not less than 30 days' written notice prior to the commencement of any such workAlterations and Landlord shall have the right to post notices of nonresponsibility on or about the Premises. Notwithstanding the foregoing but subject to the last three sentences of the immediately preceding paragraph, Tenant shall upon request deliver have the right, at Tenant's sole cost, expense and liability, to expand the mezzanine of the Building in accordance with preliminary plans prepared by Howa▇▇ ▇. ▇▇▇▇▇▇▇▇ & ▇ssociates dated October 7, 1997, Sheet Nos. A-1.1 and A-2.1 (the "Mezzanine Preliminary Plans"), provided: (i) Tenant shall prepare and submit to Landlord for approval, which approval shall not be unreasonably withheld, final working drawings (including structural engineering drawings and specifications) based on the Mezzanine Preliminary Plans (the "Mezzanine Working Drawings"), (ii) Landlord shall have approved the Mezzanine Working Drawings, and (iii) construction of the expanded mezzanine shall be in accordance with the approved Mezzanine Working Drawings and, if elected by Landlord, certificates issued under supervision of an architect or other construction supervisor selected by insurance companies qualified to do business in the state where the Premises are located, evidencing Landlord (provided that Workmenany such supervision shall be solely for Landlord's Compensation, general liability insurance benefit and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible relied upon by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryTenant).

Appears in 1 contract

Sources: Lease Agreement (Universal Electronics Inc)

ALTERATIONS AND ADDITIONS. (1) 7.3.1 Tenant shall not, without Landlord's prior written consent make no alterations, additions or improvements (other than any non-structural change alterations, improvements, additions, Utility Installations or decorating alteration to repairs (collectively, "Alterations") in the Premises or any part thereof) in excess of $25,000.00, without obtaining the unless Tenant first obtains Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld withheld. In addition, Tenant shall not make any (i) structural Alterations to the Premises, (ii) Alterations to the Building or delayedOffice Building Project (except as permitted under the immediately preceding sentence), or (iii) Alterations to the Utility Installations other than the Tenant Improvements to be made under the Work Letter Agreement, unless Tenant first obtains Landlord's prior written consent, which consent may be given or denied in Landlord's subjective, good faith discretion. As used in this paragraph 7.3 the term "Utility Installation" shall mean carpeting, window and wall coverings, power panels, electrical distribution systems, lighting fixtures, air conditioning, plumbing, and telephone and telecommunication wiring and equipment. At the expiration of the Term, Landlord may condition require the removal of any or all Alterations and the restoration of the Premises and the Office Building Project to their prior condition, at Tenant's expense, provided that Landlord shall not require Tenant to remove the Tenant Improvements to be made under the Work Letter Agreement. Should Landlord permit Tenant to make its consent own Alterations, Tenant shall use only such contractor as has been expressly approved by Landlord, and Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Tenant make any Alterations without the prior approval of Landlord, or use a contractor not expressly approved by Landlord, Landlord may, at any time during the Term, require that Tenant remove any part or all of such Alterations other than the Tenant Improvements (defined in the Work Letter Agreement). Notwithstanding the other provisions of this paragraph 7.3.1, Tenant may, without Landlord's prior written consent, make cosmetic, non-strucural Alterations (other than alterations, improvements, or additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation to the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2Utility Installations) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant provided that: (i) the aggregate cost of those Alterations during any twelve (12) month period does not exceed Five Thousand and all improvements and fixtures located on 00/100 Dollars ($5,000), (ii) the Alterations do not require any demolition of any part of the Premises, other than the structural components of the Building, are the property of (iii) Tenant provides Landlord with five (collectively, "Tenant's Property"5) and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' days prior written notice of its planned Alterations, and (iv) Tenant otherwise complies with the requirements of this Lease regarding Alterations to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessaryPremises.

Appears in 1 contract

Sources: Standard Office Lease (Omp Inc)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterationsAlterations, additions improvements, additions, utility installations or improvements (other than removal of any non-structural change or decorating alteration fixtures may not be made to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of LandlordLessor, which consent nor may any alterations to the "path of travel" (as the term is used in the ADA and in the rules and regulations implementing the ADA), whether within or outside the Premises, be made without Lessor's consent. Any alterations, improvements, additions or utility installations in the Premises; excepting movable furniture and machinery and trade fixtures, shall, at Lessor's option, become part of the realty and belong to Lessor upon the expiration or earlier termination of this Lease. However, this shall not be prevent Lessee from installing trade fixtures, machinery, or other trade equipment in conformance with all applicable ordinances, regulations and laws nor shall Lessor unreasonably withheld or delayed. Landlord may condition withhold its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem alteration necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in bring the Premises by Tenant and all alterations and additions made to or the Premises by Tenant and all improvements and fixtures located on "path of travel" into compliance with the ADA. Lessee shall keep the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of this Lease. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where which the Premises are located, evidencing and the land on which the Premises are situated free from any liens arising out of any work performed for, material furnished to, or obligations incurred by the Lessee. It is further understood and agreed that Workmenunder no circumstance is the Lessee to be deemed the agent of the Lessor for any alteration, repair, or construction within the Premises, the same being done at the sole expense of the Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to the Lessee for the payment of any charge for work done and materials furnished upon the Premises during the Term. (b) Upon the expiration or sooner termination of the Term, Lessee shall, upon written demand by Lessor, at ▇▇▇▇▇▇'s Compensation, general liability insurance and property damage insurance, all in amountssole expense, with companies due diligence, remove any alteration, addition or improvement made by Lessee, designated by Lessor to be removed, and on forms reasonably satisfactory repair any damage in the Premises caused by such removal. Lessee shall remove all of its movable property and trade fixtures, which can be removed without damage to Landlordthe Premises at the expiration or earlier termination of this Lease and shall pay Lessor for all damages from injury to the Premises or Project resulting from such removal. (c) Any and all of Lessee's contractors and/or sub-contractors constructing any alterations, are improvements, additions, utility installations or removing any fixtures shall sign a "Contractors Hold Harmless Agreement" in full force and effect and maintained by all contractors and subcontractors engaged by Tenant the form attached hereto as EXHIBIT "C", to perform be provided to Lessor prior to commencement of such work. All such policies Contractor(s)/sub-Contractor(s) who do not currently have a certificate of insurance on file with Lessor shall name Landlord provide Lessor with a certificate of insurance in which the commercial general liability coverage shall not be less than $1,000,000, combined single limit, noming Lessor and its member(s), manager(s), and partner(s) as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Standard Commercial Industrial Lease (On Site Sourcing Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant Lessee shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises said Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior express, advance written consent of LandlordLessor, which consent shall not be unreasonably withheld withheld; any addition or delayed. Landlord may condition its consent alteration to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the said Premises, other than the structural components except movable furniture and trade fixtures, shall become at once a part of the Building, are the property of Tenant (collectively, "Tenant's Property") realty and may be removed by Tenant belong to Lessor at the end of the term Lease Term or earlier termination of this Lease if Lessee fails to remove such alterations at the end of the Lease Term or earlier termination of this Lease. Tenant Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall have the obligation to remove its special tenant improvements, all related equipment, and any additions or alterations installed by Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to restore allow any damage reasonable alterations and improvements and will use its best efforts to notify Lessee at the building as a result time of approval if Lessor would desire to have such improvements or alterations removed at the end of the removal Lease Term or earlier termination of Tenant's Propertythis Lease. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Lease Agreement (Netlogic Microsystems Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall make no Any alterations, additions changes, additions, modifications or improvements (other than "Alterations and Additions") installed by Tenant, its contractors or agents at any non-structural change time prior to or decorating alteration to during the Premises or any part thereofterm of this Lease shall be done only in compliance with each of the following requirements: (i) in excess of $25,000.00, no such work shall proceed without obtaining the Landlord's prior written consent of Landlord, approval which consent shall not be unreasonably withheld withheld; (ii) all such work shall be done in conformity with a valid building permit and all other applicable permits or delayed. licenses when and where required, copies of which shall be furnished to Landlord may condition its consent before the work is commenced, and all such work shall be performed so as to be acceptable to any alterationsgovernmental authority or agency having or exercising jurisdiction over the work, additions and so as to be reasonably satisfactory to Landlord; provided, however, that Landlord shall have no responsibility therefor either to Tenant or improvements upon to third parties, notwithstanding any failure by Landlord to object to any such reasonable requirements work; (iii) Tenant shall reimburse Landlord for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work or by reason of inadequate cleanup; (iv) all data processing, photocopying, copying and other special electrical equipment shall have a separate outlet, and Tenant shall pay any additional costs on account of any increased support to the floor load necessary therefor, or for any other equipment; provided, however, that Landlord makes no representation or warranty as to the suitability of the Premises for such equipment; (v) Tenant or its contractors, before commencing any Alterations and Additions in, or around the Premises, shall give sufficient notice thereof to Landlord may deem necessary for Landlord's preparation, posting and recordation of an appropriate notice of nonresponsibility, as provided in its reasonable discretionCalifornia Civil Code Section 3094, including without limitation or any related, successor or similar provision of law. Within ten (10) days after substantial completion of any Alterations and Additions, Tenant shall record in the manner Office of the County Recorder in the county in which the work Building is done and located, a notice of completion as permitted by law. Notwithstanding the right foregoing, Tenant shall not affix any material to approve the contractor by whom exterior windows of the work is Building, shall not permit any logo sign or other such material within the Premises to be performed. (2) All items installed in visible from the Premises outside of the Building; and shall not use any window coverings other than the Building standard coverings provided by Tenant and all Landlord. In the event that any alterations and additions made or improvements to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components (and/or any change in use of the Building, are Premises by Tenant) necessitates that the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end Common Areas of the term of this Lease. Tenant agrees Building or Project be altered in order to restore any damage to comply with the building as a result requirements of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such workAmericans With Disabilities Act or other statutes or legal requirements, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for cost of such work and setting forth such other information as Landlord may deem necessaryrepairs to the Common Areas.

Appears in 1 contract

Sources: Office Lease Agreement (Newgen Results Corp)

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not, without Landlord's prior written consent, which shall not unreasonably be withheld, make no any alterations, improvements, additions or improvements (other than any non-structural change Utility Installations in, on or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on about the Premises, other than the structural components of the Building, are the property of Tenant except for nonstructural alterations not exceeding Twenty-Five Thousand Dollars (collectively, "Tenant's Property"$25,000.00) per alteration and may be removed by Tenant at the end of Two Hundred Fifty Thousand Dollars ($250,000.00) in cumulative costs during the term of this Lease. Tenant agrees to restore In any damage to the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such workevent, Tenant shall upon request deliver make no change or alteration to Landlord, certificates issued by insurance companies qualified to do business in the state where exterior of the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and (including without limitation expansion of the building) or to the exterior of the building on forms reasonably satisfactory the Premises or to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled structural or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices mechanical elements of the Premises or add a mezzanine or increase the useable floor area in the Premises without Landlord's prior written consent. Such alterations and additions shall not decrease the value of the Premises, or impair the structural integrity of the Premises. As used in locations which will be visible by persons performing this paragraph 9.5 the term "Utility Installation" shall mean window coverings, air lines, power panels, electrical distribution systems, space heaters, air conditioning, plumbing and fencing. Landlord may require that Tenant remove any work on or all of said alterations, improvements, additions or Utility Installations at the expiration of the term, and restore the Premises stating that to their prior condition or, at Landlord's election, reimburse Landlord is not responsible for the payment cost of such restoration. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of any improvements having a projected cost of Fifty Thousand Dollars ($50,000.00) or more, to insure Landlord against any liability for mechanic's and materialmen's liens and to insure completion of the work. Landlord may impose reasonable conditions from time to time with respect to the improvements to which Landlord may consent, including without limitation, compliance with all laws, rules, Environmental Laws, regulations, ordinances and requirements of governments or governmental agencies, and the time and manner in which such work and setting forth such other information as shall be accomplished. Should Tenant make any alterations, improvements, additions or Utility Installations without the prior approval of Landlord, Landlord may deem necessaryrequire that Tenant remove any or all of the same. Landlord shall have the right to approve Tenant's contractor(s), which approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Lease (National Information Group)

ALTERATIONS AND ADDITIONS. (1) A. Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the Premises Premises, or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which Landlord first had and obtained by Tenant (such consent shall not to be unreasonably withheld withheld), but at the cost of Tenant, and any addition to, or delayedalteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. Landlord may condition its consent to any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and reserves the right to approve the contractor all contractors and mechanics proposed by whom the work is Tenant to be performed. (2) All items installed make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises Premises. All heating, lighting, electrical, air conditioning, security systems, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant and Tenant, together with all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on property that has become an integral part of the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may shall not be removed by Tenant at the end of the term of this Leasedeemed trade fixtures. Tenant agrees that it will not proceed to restore make such alteration or additions, without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any damage liability to the building as a result of the removal of contractors or material suppliers for payment for Tenant's Property. (3) If improvements. Tenant performs any work requiring Landlord's consent prior will at all times permit such notices to be posted and to remain posted until the commencement completion of any such work. Tenant shall, Tenant shall upon request deliver to if required by Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are locatedsecure at Tenant's own cost and expense, evidencing that Workmen's Compensationa completion and lien indemnity bond, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform for such work. All such policies Tenant further covenants and agrees that any mechanic's lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) days after notice of filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord and Tenant. B. Tenant shall name Landlord have the right to reconfigure modular, non-floor-to- ceiling walls and non-floor-to-ceiling partitions without Landlord's prior consent, which have been installed by Tenant and paid for by Tenant. C. At all times during the Lease Term, (i) Tenant shall maintain and keep updated "as an additional insured. Each such certificate built" plans for all alterations constructed by Tenant, and (ii) Tenant shall provide that the insurance policy may not be canceled or modified without 10 days' to Landlord 1/8" scale sepias of such "as built" plans as such alterations (which alterations are subject to Landlord's prior written notice to Landlord. Further, consent) are made. D. At all times during the Term of this Lease; Tenant shall permit Landlord have the right to post notices install and remove trade fixtures as defined in the Premises in locations Lease which will be visible are installed and paid for by persons performing any work on Tenant, so long as Tenant immediately repairs all damage caused by the installation thereof and returns the Premises stating that Landlord is not responsible to the condition existing prior to the installation of such trade fixtures and repairs and restores any so-called "donuts" or gaps in the roof and/or floor (including floor structure, subfloor and appropriate floor covering for said area) and/or floor tiles and/or ceiling tiles and lighting resulting from the payment for such work and setting forth such other information as Landlord may deem necessaryremoval of said trade fixtures.

Appears in 1 contract

Sources: Lease Agreement (Opti Inc)

ALTERATIONS AND ADDITIONS. (1) Tenant shall not make no alterationsor permit any alteration, additions addition or improvements (other than any non-structural change or decorating alteration improvement to the Premises (including interior paint or any part thereofmodifications to the Reclaimed Wood Bar in the Premises) in excess of $25,000.00, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant shall pay any and all costs incurred by Landlord in reviewing and evaluating any request for the consent required by this Section. Any alteration, addition or delayedimprovement consented to by Landlord shall be made in a good and workmanlike manner at Tenant's sole cost and expense and shall comply with all applicable laws, codes, ordinances, rules and regulations. All alterations, additions or improvements (including but not limited to wall and window covering, paneling and built-in cabinet work, but excluding movable furniture and trade fixtures) shall at once become a part of the Premises belonging to the Landlord may condition its consent to and shall be surrendered with the Premises at the expiration of this Lease, unless Landlord demands their removal as set forth below. Upon expiration or sooner termination of the Lease term, Tenant shall, at Tenant's sole cost and expense, with all due diligence, remove any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises made by Tenant and all alterations and additions made designated by Landlord to the Premises by be removed; provided Landlord gives Tenant and all improvements and fixtures located on the Premises, other not less than the structural components of the Building, are the property of Tenant thirty (collectively, "Tenant's Property"30) and may be removed by Tenant at the end of the term of this Leasedays' advance written notice. Tenant agrees to restore shall, at its sole cost and expense, repair any damage to the building as a result of the removal of Tenant's PropertyPremises caused by such removal. (3) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary.

Appears in 1 contract

Sources: Commercial Lease

ALTERATIONS AND ADDITIONS. (1a) Tenant shall not make no or allow any alterations, additions or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, without obtaining the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld withheld; provided, however, that Landlord may withhold its 17 consent to any structural alterations, additions or delayedimprovements to the Premises in its sole and absolute discretion. For purposes of this Lease, the installation, repair or removal by Tenant of telecommunications lines or the making by Tenant of connections or disconnections of telecommunications lines in a common telecommunications closet serving the Premises shall be deemed an alteration, addition or improvement requiring Landlord's consent hereunder. Landlord's prior written consent shall also be required for any alteration, addition or improvement in the Premises that would require an increase or modification of the Premises's telecommunications system beyond the original design of the Premises's telecommunications system. Except as provided below, any such alterations, additions or improvements, including, but not limited to, wall coverings, paneling and built-in cabinet work, but excepting movable furniture, vaults, safes and other trade fixtures, cabling and telecommunications lines installed by or on behalf of Tenant, shall become a part of the realty, shall belong to Landlord and shall be surrendered with the Premises at the expiration or earlier termination of this Lease. If Landlord consents in writing to any such alterations, additions or improvements, such alterations, additions or improvements shall be made by Tenant at Tenant's sole cost and expense, and shall comply with all laws, statutes, ordinances and governmental rules, regulations and requirements. Any contractor or person selected by Tenant to perform any such work shall first be approved by Landlord in writing, which approval shall not be unreasonably withheld. Landlord may condition further reserves the right to have all plans and specifications for such alterations, additions or improvements prepared or approved by its consent architect or structural engineer at Landlord's expense. No such work shall be allowed to commence until three (3) days have elapsed from the date of Landlord's written consent. Upon expiration or earlier termination of this Lease, Tenant shall, upon written demand by Landlord given at least thirty (30) days prior to the expiration or earlier termination of this Lease, promptly remove any alterations, additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises made by Tenant and all alterations designated by Landlord to be so removed. Tenant further agrees to remove its vaults, safes, files and additions made to the Premises by Tenant other trade fixtures and all improvements telecommunications lines and fixtures located on the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term cabling upon expiration or earlier termination of this Lease. Tenant agrees to restore Any such removal, and the repair of any damage to the building as a result of the removal of Premises caused by such removal, shall be performed at Tenant's Propertysole cost and expense. (3b) If Tenant performs shall pay to Landlord as additional rent, the cost of any work requiring structural alteration to the Premises and/or, at Landlord's consent prior option, shall promptly make, at Tenant's sole expense and in accordance with the provisions of subsection (a) above, any structural or nonstructural alterations to the commencement Premises required to comply with any applicable law, code, rule or regulations, whether now existing or hereinafter promulgated, where such alterations are required by reason of any such work, Tenant shall upon request deliver (i) the acts or omissions of its employees or agents; (ii) Tenant's use or change of use to Landlord, certificates issued by insurance companies qualified the Premises; (iii) alterations or improvements to do business in the state where the Premises are located, evidencing that Workmenmade by or for Tenant; or (iv) Tenant's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled application for any permit or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessarygovernmental approval.

Appears in 1 contract

Sources: Office Lease (Odwalla Inc)

ALTERATIONS AND ADDITIONS. (1) a. Tenant shall not make no alterationsany additions, additions alterations or improvements (other than any non-structural change or decorating alteration to the Premises or any part thereof) in excess of $25,000.00, without obtaining the prior written consent of Landlord. Land▇▇▇▇'▇ ▇onsent may be conditioned on Tena▇▇'▇ ▇emoving any such additions, which consent alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall not be unreasonably withheld or delayeddone in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion. Landlord may condition its consent may, at Land▇▇▇▇'▇ ▇ption, require that any such work be performed by Land▇▇▇▇'▇ ▇ontractor, in which case the cost of such work shall be paid for before commencement of the work. Tenant shall pay to Landlord upon completion of any alterationssuch work by Land▇▇▇▇'▇ ▇ontractor, an administrative fee of fifteen percent (15%) of the cost of the work. b. Tenant shall pay the costs of any work done on the Premises pursuant to Section 12a, and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, and any additions or improvements upon such reasonable requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises by Tenant and all alterations and additions made to the Premises by Tenant and all improvements and fixtures located on the Premises, other than the structural components of the Building, are or become the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term of Landlord under this Lease, free and clear of all attachment or judgment liens. Tenant agrees to restore any damage to Before the building as a result of the removal of Tenant's Property. (3) If Tenant performs any work requiring Landlord's consent prior to the actual commencement of any such workwork for which a claim or lien may be filed, Tenant shall upon request deliver give Landlord notice of the intended commencement date a sufficient time before that date to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit enable Landlord to post notices of non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises in locations which will be visible by persons performing any work on Premises, Building or the Project, and Landlord shall have the right to enter the Premises stating that Landlord is not responsible for the payment for and post such work and setting forth such other information as notices at any reasonable time. c. Landlord may deem necessary.require, at Land▇▇▇▇'▇ ▇ole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (1 1/2) times the total estimated cost of any additions, alterations or

Appears in 1 contract

Sources: Office Building Lease (Optimumcare Corp /De/)

ALTERATIONS AND ADDITIONS. Except for those improvements installed prior to the first anniversary of the Commencement Date and Permitted Alterations (1) as defined below), Tenant shall make no alterationsnot make, additions or improvements (other than suffer to be made, any non-structural change alteration or decorating alteration addition to the said Premises ("Alterations"), or any part thereof) in excess of $25,000.00, without obtaining (i) the prior written consent of LandlordLandlord first had and obtained, which consent shall not be unreasonably withheld or delayed, and (ii) delivering to Landlord the proposed architectural and structural plans, if any, for all such Alterations. After having obtained Landlord's consent, Tenant agrees that it shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant further agrees to provide Landlord may condition its (i) written notice of the anticipated start date and actual start date of the work, and (ii) a complete set of half-size (15" X 21") vellum as-built drawings. All Alterations shall be constructed in compliance with applicable buildings codes and laws. Alterations which are not to be deemed as trade fixtures shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other installation which has become affixed to the Premises. All Alterations shall be maintained, replaced or repaired by Tenant at Tenant's sole cost and expense, except as provided in Section 11 below. Notwithstanding the above, Tenant shall have the right to remove any trade fixtures, furniture, or process equipment paid for by Tenant from the Premises at the expiration of the Lease, which items shall include, without limitation, the items set forth in Exhibit "F" attached hereto and incorporated herein by this reference. Notwithstanding the foregoing, Tenant shall have the right, without the prior written consent of Landlord, to any make certain alterations, additions or improvements upon (the "Permitted Alterations") which (i) do not affect the Building systems or structural components of the Building and (ii) which cost less, on an individual basis, than One Hundred Fifty Thousand Dollars ($150,000), provided that each such reasonable requirements as Landlord may deem necessary Permitted Alteration is otherwise performed in its reasonable discretionaccordance with the terms of this Section 10. Ownership of any Alterations, including without limitation the manner in which the work is done and the right to approve the contractor by whom the work is to be performed. (2) All items installed in the Premises Permitted Alterations or Tenant Improvements paid for by Tenant shall remain in Tenant throughout the Term of this Lease, and all alterations and additions Tenant shall be entitled to the benefit of any depreciation or other tax benefits arising therefrom, provided that Landlord shall, upon the Expiration Date or earlier termination of the Term hereof, become the owner of any Alterations or Tenant Improvements made to the Premises by Tenant and all improvements and fixtures located on which, pursuant to the Premises, other than the structural components of the Building, are the property of Tenant (collectively, "Tenant's Property") and may be removed by Tenant at the end of the term terms of this Lease, are left on the Premises by Tenant. Tenant agrees to restore any damage to the building as a result of the removal of Tenant's Property. shall give Landlord at least ten (310) If Tenant performs any work requiring Landlord's consent prior to the commencement of any such work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the state where the Premises are located, evidencing that Workmen's Compensation, general liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in full force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the insurance policy may not be canceled or modified without 10 days' prior written notice to Landlord. Further, Tenant shall permit Landlord to post notices in the Premises in locations which will be visible by persons performing of any work on the Premises stating Alteration or Permitted Alteration so that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessarycan post a notice of non-responsibility with respect thereto.

Appears in 1 contract

Sources: Lease Agreement (Komag Inc /De/)