ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereof, without obtaining 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 Landlord will require Tenant to remove such Alteration at the 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 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.
Appears in 3 contracts
Sources: Quarterly Report, Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had 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 Buildingobtained by Tenant, 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioningairconditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Notwithstanding Tenant further covenants and agrees that any mechanic's lien filed against the foregoingPremises or against the Complex for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within ten (10) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 3 contracts
Sources: Lease Agreement (Neoforma Com Inc), Lease Agreement (Transmeta Corp), Lease Agreement (Transmeta Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, other than painting, carpeting, and repair of existing improvements at a cumulative cost not in excess of $25,000, without obtaining Landlord's the express prior written detailed request to and consent and delivering to of Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior first obtained by Tenant. Any repairs, replacements, additions, or alterations to the start of construction. If such Alterations affect the structure of the Building, Tenant additionally agrees Premises shall be made at Initials /s/ IH Initials /s/ JMJ Tenant’s sole cost and expense; shall conform 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 Landlord will require Tenant to remove such Alteration at the 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 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 drawingslaws, 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 at once a part of the realty Premises and belong to Landlord, except that Tenant shall retain title to all moveable furniture and trade fixtures installed at Tenant’s sole cost. Landlord but shall nevertheless be subject reserves the right to removal 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 same materials and shall conform to the same design and building standards as provided existed in Section 6 abovethe Premises upon the date Tenant first took possession thereof. Alterations which are not deemed as trade fixtures include All heating, plumbing, lighting, electrical systemselectrical, air conditioning, wallspartitioning, wall coverings, doors, glass, draperies, window shades, ceilings, carpeting, or any other installation which 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 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 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 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, by bond or otherwise, within fifteen (excepting backup power generators or a UPS system15) days after the filing of such lien, which Tenant shall have at the right to remove). 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 expense of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseTenant.
Appears in 2 contracts
Sources: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)
ALTERATIONS AND ADDITIONS. A. Tenant(a) Lessee shall not, without the prior written consent of Lessor, which consent shall be at Lessor's Alterations: Tenant shall not makesole discretion, make any alterations, improvements, or suffer additions to be madethe premises. Notwithstanding Lessor's consent to any alteration, any alteration improvement or addition to the Premises ("Alterations")premises, or any part thereofLessor shall retain the option, without obtaining Landlord's prior written consent and delivering to Landlord upon 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 Landlord will require Tenant to remove such Alteration at the 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 provide Landlord (i) written notice of the anticipated and actual start-date of the workrequiring Lessee, (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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense, to remove any or all of said alterations, improvements or additions and repair all the damage caused by such removal. Notwithstanding 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 foregoingpremises, Tenant whether prior to or subsequent to the Commencement Date, shall be entitleddone 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 work, including, without obtaining Landlordlimitation, additional janitorial, elevator, security, and utility expense. Lessee shall promptly pay to Lessor, the Company, or the Lessee's consentcontractors, as the case may be, when due, the cost of all such work, supervision, and other charges.
(b) Upon completion of such work, or from time to make Alterations which 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 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 removed of record. If Lessee fails to do so, Lessor may, at Lessor's option, cause the same to be released and removed of record using funds from the security deposit provided for in Paragraph 6 of this Lease. If such funds are insufficient for such purpose, Lessor may, at Lessor's option, advance such additional funds for such purpose. In addition to Lessee's obligation to replenish the security deposit as provided in ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ shall immediately, upon demand, pay Lessor the amount of any such additional funds so advanced.
(c) All work done by Lessee, or its contractors, pursuant to this Lease shall be done in a first-class workmanlike manner using only good grades of materials, and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not affect to interfere with or impair the structure use and enjoyment of the Building by Lessor and which do not cost more than Seventy Thousand Dollars ($70,000.00other tenants, and Lessor may require all or a portion of such world be performed outside business hours. Subject to Lessor's option contained in the second sentence of subparagraph a) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; Paragraph 13, all additions, alterations, fixtures, and improvements (iitemporary or permanent) such Permitted Alterations are subject to removal in and upon the premises, whether installed by Tenant at LandlordLessee or Lessor, shall become Lessor's election pursuant to Section 6.C. above at property, and shall remain upon, and be surrendered with the expiration premises without disturbance or earlier injury upon the termination of the Leasethis Lease by lapse of time or otherwise, all without payment or credit to Lessee.
Appears in 2 contracts
Sources: Lease Agreement (Kids Stuff Inc), Lease Agreement (Havana Group Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not makemake any alterations to any structural component of any Building (including, or suffer but not limited to be madeexterior walls, any alteration or addition to the Premises ("Alterations"foundations and roof), or utility installations on or about any part thereof, Premises without obtaining Landlord's prior the express 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 BuildingLandlord; provided, Tenant additionally agrees 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 reimburse Landlord its reasonable outapprove any contractors or sub-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consentcontractors for work on any Leased Property which is reasonably expected to exceed $50,000.00, which consent approval shall state not be unreasonably withheld.
(c) All alterations, changes, additions, improvements, and utility installations (whether or not Landlord will require Tenant such utility installations constitute fixtures of Tenant) which may be made to remove such Alteration any Leased Property, shall at the 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 provide Landlord (i) written notice become the property of the anticipated Landlord and actual start-date remain upon and be surrendered with the Leased Property. The Equipment, inventory and any other personal property, to the extent owned by the Tenant, other than that which is affixed to any Building or Premises so that it cannot be removed without material damage to such Building or Premises, shall remain the property of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawingsTenant, and (iii) a certificate may be removed by the Tenant subject to the provisions in Section 7.2, at any time during the term of occupancy for the work upon completion this Lease when Tenant is not in default of any 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and Lease.
(iid) such Permitted Alterations are subject Landlord shall be deemed to removal by Tenant at Landlord's election have given its consent to a request pursuant to this Section 6.C. above at 7.4 if it fails to respond to Tenant's written request within fifteen (15) days after receipt thereof and if the expiration or earlier termination of the Leaserequest states on its face that failure to respond in a fifteen (15) day period will be deemed to be a consent.
Appears in 2 contracts
Sources: Lease (Amerus Life Holdings Inc), Lease (Amerus Life Holdings Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any major alteration or addition to the Premises ("Alterations")said Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and obtained, which consent will not be unreasonably withheld or delayed, based upon Tenants delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior alterations; any addition or alteration 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 Landlord will require Tenant to remove such Alteration at the 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 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, said Premises 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 as provided in Section 6 aboveunless 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, wallspartitioning, carpeting, or any other installation which has become an integral part of the Premises Premises. After having obtained Landlord's consent, Tenant agrees that it will not proceed to make such alterations or additions, until three (excepting backup power generators 3) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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, which 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 set forth below. Anything to the contrary in the foregoing notwithstanding, Tenant shall have the right to remove). All Alterations shall be maintained, replaced make improvements or repaired by Tenant at its sole cost and expense. Notwithstanding alterations to the foregoing, Tenant shall be entitled, without obtaining Landlord's consent, Premises upon notice to make Alterations which Landlord if such alterations or improvements do not affect cause any major alteration to the structure appearance 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 which do not cost more than Seventy Thousand No/100 Dollars ($70,000.0025,000.00).
(a) per Alteration ("Permitted Alterations"); provided, however, that: (iincurred by Landlord because the cost is not directly allocable to or payable by a single tenant in the Building or the Project. Tenant agrees to pay Tenants Allocable Share as defined in paragraph 1.1.(b) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseCommon Area Costs, as additional rental, within thirty (30) days of written invoice from Landlord.
Appears in 2 contracts
Sources: Lease Agreement (8x8 Inc), Lease Agreement (8x8 Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: After the completion of construction of the Shell Improvements and Interior Improvements in accordance with the provisions of the Construction Agreement, Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering obtained by Tenant (such consent not 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 Buildingbe unreasonably withheld), 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, and (iiiexcept as otherwise consented to in writing by Landlord) 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable furniture moveable furniture, trade fixtures and trade fixturesany Lab Equipment which Tenant is entitled to remove pursuant to Paragraph 7 above, shall shall, upon Lease termination, become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions, which approval shall not be unreasonably withheld. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All office heating, lighting, electrical systemselectrical, air conditioning, wallsfloor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant (but excluding any Lab Equipment installed by ALZA or any other installation which ALZA Affiliate), together with all property that has become an integral part of the Premises 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 (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole 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 foregoingabove and provided ALZA or an ALZA Affiliate is then the Tenant under this Lease, it is agreed that Tenant shall be entitled, without obtaining Landlord's consent, may make alterations or additions to make Alterations which do not affect the structure non-structural portions of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedwithout obtaining the prior consent of Landlord or providing any other notices to Landlord or securing any bonds as otherwise provided above, however, that: provided Tenant (i) Tenant shall still be required 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 all other provisions of this paragraphLandlord's interior build out specifications as shown on Exhibit C attached hereto; and (iiiii) such Permitted Alterations are subject as to removal by Tenant at any material alteration, provides to Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination , upon completion of the Leasesaid construction, a 1/8 inch scale sepia "as built" plan reflecting said alterations and/or additions. All other terms and conditions of this Paragraph 8 shall apply.
Appears in 2 contracts
Sources: Lease Agreement (Alza Corp), Lease Agreement (Alza Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not be permitted to make, or suffer to be madeat its sole cost and expense, any alteration or addition non-structural alterations and additions to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's prior written consent and delivering to 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 proposed architectural and structural plans for all such Alterations at least fifteen Permitted Improvements so that Landlord may post a Notice of Non-Responsibility on the Premises. Within ten (1510) business days prior to the start of construction. If such Alterations affect the structure Landlord's receipt 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 consentwritten notice of any item comprising the Permitted Improvements, which consent Landlord shall state notify Tenant whether or not Landlord will require Tenant to remove such Alteration at item(s) from the Premises upon the expiration or earlier termination of this Lease. Except for the Permitted Improvements, Tenant shall not proceed install any signs, fixtures (excluding trade fixtures), improvements, nor make or permit any other alterations or additions to make the Premises without the prior written consent of Landlord. If any such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the workalteration or addition is expressly permitted by Landlord, (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, 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoingPermitted Improvements, Tenant shall be entitleddeliver at least twenty (20) days prior notice to Landlord, without obtaining Landlord's consentfrom the date Tenant intends to commence construction, sufficient to make Alterations 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 writing of those fixtures (excluding trade fixtures), improvements, alterations and additions 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, however, that: (i) Landlord will require Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at remove upon the expiration or earlier termination of the Lease.. In all events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All alterations and additions shall be installed by a licensed contractor
Appears in 2 contracts
Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant Lessee shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")said Premises, or any part thereof, without obtaining Landlord's prior the express, advance written consent and delivering of Lessor; any addition or alteration 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 Landlord will require Tenant to remove such Alteration at the 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 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 Alterationssaid Premises, except movable furniture furniture, equipment 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 as provided in Section 6 aboveLessor at the end of the Lease Term or earlier termination of this Lease. Alterations and additions which are not deemed as trade fixtures shall include heatingHVAC systems, lightinglighting systems, electrical systems, air conditioning, wallspartitioning, carpeting, or any other installation which has become an integral part of the Premises 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 (excepting backup power generators 5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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, which Tenant Lessee shall have the right to remove). All Alterations remove and shall be maintainedrequired 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, replaced Lessor agrees to allow any reasonable alterations and improvements and will notify Lessee at the time of approval if such improvements or repaired by Tenant alterations are to be removed at its sole cost and expensethe end of the Lease Term or earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall be entitledLessee may construct non-structural alterations and additions without Lessor’s prior approval, without obtaining Landlord's consent, to make Alterations which do if the cost of any such project within a twelve month period does not affect the structure of the Building and which do not cost more than Seventy exceed Fifty Thousand Dollars ($70,000.0050,000) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at does not alter the expiration or earlier termination exterior appearance of the LeasePremises or building. Except for alterations and additions which cannot be removed without structural modifications to the Premises, 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 a standard of at least equal quality and finishes that exist in the Premises.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Sipex Corp), Lease Agreement (Sipex Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining Landlord's 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 mean any alteration, improvement, remodeling, or additions, 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 delivering 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 filing. Landlord may keep posted on the proposed architectural 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 structural plans for all without affecting Landlord’s rights.
(c) All alterations, improvements, remodeling, additions or fixtures, other than trade fixtures not permanently affixed to the Premises, which may be made or installed in the Premises and which are attached to the floor, walls or ceiling of the Premises and any floor covering which is cemented or otherwise affixed to the floor of the Premises shall be the property of Landlord and shall remain upon and be surrendered with the Premises at the termination of this lease, unless Landlord shall direct Tenant to remove such Alterations at least fifteen items, or some of them, by written notice given to Tenant not less than thirty (1530) days prior to the start expiration of constructionthis lease or within ten (10) days after the earlier termination hereof. If Tenant shall remove any such Alterations affect the structure of the Buildingitems, Tenant additionally agrees at Tenant’s cost, prior 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 Landlord will require Tenant to remove such Alteration at the 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 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, carpetinglease, or any other installation which has become in the event of an integral part of the Premises early termination, within ten (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 10) days after Landlord's consent, to make 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, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease’s notice.
Appears in 2 contracts
Sources: Lease (Guess Inc), Lease (Guess Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant (a) Lessee shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereof, without obtaining LandlordLessor's prior written consent make 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 delivering restore the Premises to Landlord their prior condition. Should Lessee make any alterations, improvements or additions without the prior approval of Lessor. Lessor may require that Lessee remove the same. Anything herein contained to the contrary notwithstanding, Lessee shall not drill, punch or otherwise cause any crack, hole, opening or other break in the roof or roof area, or roof supports, or in the floors, on the walls or in other permanent areas or structures without first receiving the prior written consent of Lessor.
(b) Any alterations improvements or additions in, or about the Premises that Lessee shall desire to make and which requires the consent of the Lessor shall be presented to Lessor in written form with proposed architectural and structural plans for all such Alterations at least fifteen (15) days 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 start of construction. If such Alterations affect the structure commencement of the Buildingwork and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. In addition, 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 Landlord will Lessor may require Tenant to remove such Alteration at the 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 Lessee to provide Landlord (i) written notice 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 the anticipated such improvements to insure Lessor against any liability for mechanics and actual start-date materialmen's liens and to insure completion of the work.
(c) Lessee shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy for which claims are or may be secured by any mechanics or materialmen's lien against 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, Premises or any other installation which has become an integral part interest therein. Lessee shall give Lessor not less than ten (10) days notice prior to the commencement of any work in the Premises (excepting backup power generators or a UPS system, which Tenant and Lessor shall have the right to remove)post notices of non-responsibility in or on the Premises as provided by law. All Alterations If Lessee shall be maintainedin good faith, replaced contest the validity of any such lien, claim or repaired by Tenant demand then Lessee shall at its sole cost expenses defend itself and expenseLessor against the same and shall pay and satisfy any such adverse judgment that 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 same and holding the Premises free from the effect of such lien or claim in addition. Notwithstanding Lessor may require Lessee to pay Lessor's attorney's fees and 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 in Paragraph 7.3
(a) all alterations improvements and additions which may be made on the foregoing, Tenant Premises shall become the property of Lessor and remain upon and be entitled, without obtaining Landlord's consent, to make Alterations which do not affect surrendered with the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above Premises at the expiration or earlier termination of the Leaseterm 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. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent and delivering to of 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 Landlord will require Tenant to remove such Alteration be unreasonably withheld, but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. If Landlord but consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall nevertheless be subject made by Landlord at Tenant’s sole cost and expense. Any modifications to removal by the Premises as a result of Tenant’s alterations, additions or improvements shall be made at Tenant’s sole cost and expense. Tenant as provided in Section 6 above. Alterations which are not deemed as shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallspartitioning, carpetingdrapery, or any other installation which 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 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 (excepting backup power generators or a UPS system10) business days after the filing thereof, which Tenant shall have at the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expenseexpense of Tenant. Notwithstanding Any exceptions to the foregoingforegoing must be made in writing and executed by both Landlord and Tenant. Landlord shall notify Tenant in writing, Tenant shall be entitled, without obtaining Landlord's at the time of such consent, to make 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, however, that: (i) Tenant if any restoration shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration alterations or earlier termination of the Leaseadditions.
Appears in 2 contracts
Sources: Lease Agreement (Coupa Software Inc), Lease Agreement (Coupa Software Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not makeconstruct any alterations, improvements or suffer to be made, any alteration additions or addition to otherwise alter the Leased Premises ("the “Alterations"), or any part thereof, ”) without obtaining Landlord's ’s prior written consent 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 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 Landlord will require Tenant to remove such Alteration at the 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 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 Alterationswiring. All Alterations shall be constructed by a licensed contractor in compliance accordance with all applicable building codes Laws using new materials of good quality and laws includingshall 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.
(b) Tenant shall not commence construction of any Alterations 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, without limitationand
(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-half (1 1/2) the Americans with Disabilities Act estimated cost of 1990 as amended from time the Alterations, where the cost of the intended Alterations will exceed $50,000, to time. Upon insure Landlord against any liability for mechanic’s and materialmen’s liens and to ensure completion of the Expiration DateAlterations.
(c) Tenant shall pay, when due, all Alterations, except movable furniture and trade fixtures, shall claims for labor or materials furnished or alleged to have been furnished in connection with the Alterations that are or may become a part of mechanics’ or materialmen’s liens against 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, Leased Premises or the Project or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which interest in them. Tenant shall have the right to, in good faith, contest the validity of any lien, claim, or demand, provided that Tenant shall, at Tenant’s sole expense, defend Landlord against the lien, claim, or demand, and, upon the request of Landlord, Tenant shall furnish to remove)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 rendered to enforce the lien, claim, or demand 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 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 person performing work in or supplying materials to the Leased Premises.
(d) All Alterations shall be maintainedand 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, replaced all Alterations shall become the property of Landlord, and Landlord shall have no obligation to reimburse Tenant for any portion of the value or repaired 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.
(e) Tenant shall solely be responsible for making any alteration, addition or change of any sort to the Leased Premises that is required by Tenant at its sole cost and expense. any Law because of:
(i) Tenant’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 shall and may be entitled, without obtaining Landlord's consent, removed by Tenant subject to make 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, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at Lease concerning the expiration or earlier termination Surrender of the LeaseLeased Premises, at any time during the term of this Lease when Tenant is not in default.
Appears in 2 contracts
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) 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 any alterations, improvements, additions, utility installations or repairs (hereinafter collectively referred to as “Alterations”) in, on or about the Premises. Notwithstanding the foregoing, Landlord’s prior consent shall not make, or suffer to be made, required for any alteration or addition non-structural Alterations (“Notice Only Alterations”) to the Premises that do not ("Alterations")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, without obtaining Landlord's other tenant of the Project; provided that Tenant shall provide Landlord with prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations notice of any Notice Only Alteration at least fifteen (15) days business days’ prior to Tenant’s commencement of same. At the start of construction. If such Alterations affect the structure expiration of the Buildingterm, 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 to any Alteration.
(b) Notwithstanding the foregoing, Tenant additionally agrees shall be permitted to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing install the following tenant improvements within the Premises as an Alteration, at Tenant's plans. After obtaining Landlord's consent’s sole cost and expense, which consent may be removed (but shall state whether or not Landlord will require be required to be removed) by Tenant to remove such Alteration at upon the 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 provide Landlord : (i) written notice removal of the anticipated wall recently installed in constructing the newer server room; (ii) update of kitchen and actual start-date 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.
(c) 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, (ii) and compliance by Tenant with all conditions of said permit in a complete set of half-size (15" X 21") vellum prompt and expeditious manner. Tenant shall provide Landlord with as-built drawingsplans and specifications for any Alterations made to the Premises.
(d) Tenant shall pay, 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 Datewhen due, all Alterationsclaims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises, except movable furniture and trade fixtures, shall become a part of which claims are or may be secured by any mechanic’s or materialmen’s lien against 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, carpetingPremises or the Project, or any other installation which has become 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 integral part 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 (excepting backup power generators or a UPS systemby Tenant, which Tenant and Landlord shall have the right to remove). post notices of non-responsibility in or on the Premises or the Project.
(f) All Alterations shall (whether or not such Alterations constitute trade fixtures of Tenant) which may be maintained, replaced or repaired made to the Premises by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant shall be entitledpaid for by Tenant, without obtaining Landlord's consentat Tenant’s sole expense, to make 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"); providedshall be made and done in a good and workmanlike manner, however, that: (i) Tenant shall still be required to comply and in compliance with all applicable, laws, regulations, building codes and ordinances. Tenant’s personal property, fixtures and equipment, other provisions than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises or the Project, shall remain the property of this paragraph; Tenant and (ii) such Permitted Alterations are subject to removal may be removed by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseTenant.
Appears in 2 contracts
Sources: Standard NNN Lease (Vaxcyte, Inc.), Standard NNN Lease (SutroVax, Inc.)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not makemake any alterations, improvements, or suffer to be made, any alteration or addition additions to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the prior written consent and delivering to Landlord the proposed architectural and structural approval of 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 therefor by Landlord's consent, which approval shall not be unreasonably withheld; provided, however, that Landlord’s consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all be required governmental approvals and permits. Tenant agrees to 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 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 (including, without limitation, the removal of any wiring and/or cabling installed by, at the request of or 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 the Building shall be caused by moving said furniture and which do not equipment in or out of the Premises, said damage shall be promptly repaired at the cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: of Tenant. Tenant shall deliver to Landlord (i) Tenant shall still be all required permits and approvals prior to comply with all other provisions the commencement of this paragraphany such alterations, improvements and/or additions; and (ii) “as-built” drawings of the Premises showing any alterations, improvements or additions to the Premises within thirty (30) days following completion of such Permitted Alterations are subject alterations, improvements or additions to removal by Tenant at Landlord's election pursuant the Premises or thirty (30) days prior to Section 6.C. above at the expiration or earlier termination 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. A. Tenant's Alterations: (a) Tenant shall not make, or suffer permit to be made, any alteration alteration, addition or addition improvement (individually, an “Alteration” and collectively, the “Alterations”) to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, that it shall be deemed reasonable for Landlord 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, as updated and revised from time to time. Notwithstanding the foregoing, Tenant shall have the right to make Alterations to the Premises with prior written notice to, but without the consent of, Landlord and without Landlord’s review or construction monitoring, provided that such Alterations ("i) do not affect the structural portions of the Premises, the 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), without obtaining 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's prior written consent , the cost of which shall be included in Expenses to the extent permitted by Paragraph 4 above (and delivering 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 proposed architectural right (but not an obligation) to monitor construction of the Alterations, and structural to require corrections of faulty construction or any material deviation from the plans for all such Alterations at least fifteen (15) days prior as approved, and, except with respect to the start of construction. If such Alterations affect the structure of the BuildingPermitted Alterations, Tenant additionally agrees to shall reimburse Landlord for its reasonable actual, out-of-pocket pocket, reasonable third party costs incurred (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 plans’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. After obtaining 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's consent, which consent and shall state whether not be deemed trade fixtures or not Tenant’s Property. Notwithstanding the preceding sentence, Landlord will 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 (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 are required to be removed by Tenant at the expiration of the 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 with respect to any Alterations made without Landlord’s consent) that the same constitute Specialty Alterations and are required to be removed by Tenant at the expiration of the Lease Term.
(e) Tenant shall not make any 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 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 interference 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 (1) furnish to Landlord “as-built” plans therefor, (2) cause a timely notice of completion to be recorded in the Office of the Recorder of the County where the Premises are located, and (3) deliver to Landlord evidence of full payment and unconditional final waivers of all liens for labor, services, or materials.
(j) Without limiting the generality of the foregoing, if Tenant desires to install wireless intranet, Internet and communications network (“Wi-Fi Network”) in the Premises for use by Tenant and its employees, then the same shall be subject to the provisions of this Paragraph 12(j) (in addition to the other provisions of this Paragraph 12). Tenant shall install, maintain and operate the Wi-Fi Network so as not 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. Should 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 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 not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of remove the anticipated and actual startWi-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 Fi Network 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 and restore the Premises and the Building to the same condition as before installation thereof.
(excepting backup power generators or a UPS system, which Tenant shall have k) Notwithstanding anything in this Lease to the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoingcontrary, Tenant shall be entitled, without obtaining Landlord's consent, not have any obligation to make Alterations which do not affect the structure remove any of the Building and which do not cost more than Seventy Thousand Dollars Tenant Improvements ($70,000.00as defined in Exhibit B hereto) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted or any Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at 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 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 shall not include distribution).
Appears in 2 contracts
Sources: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering to obtained by Tenant. Landlord the agrees that such consent shall not be unreasonably withheld. However, Landlord may withhold its consent in its sole discretion if any proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations alteration will affect the structure structural integrity or safety of the Buildingbuilding, or its electrical, plumbing, heating/ventilation/air conditioning, mechanical or life safety systems. Tenant additionally agrees shall furnish complete plans and specifications for the desired alterations. Tenant shall pay to reimburse Landlord, upon demand, a review fee in the amount of five percent (5%) of the construction cost of alterations to compensate Landlord its reasonable out-of-pocket for the cost of review and approval of the plans and specifications, and for additional administrative costs incurred in reviewing Tenant's plansmonitoring the construction of the alterations. After obtaining Landlord's consentLandlord reserves the right to approve all contractors, which consent shall state whether or not Landlord will require laborers, materialmen and suppliers proposed by Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals alterations and permitsadditions. Tenant agrees shall retain title to 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 moveable furniture and trade fixtures, shall become a part of fixtures placed in the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 abovePremises. Alterations which are not deemed as trade fixtures include All heating, lighting, electrical systemselectrical, air conditioning, wallspartitioning, draperies, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures but shall become the property of Landlord immediately upon construction or installation and may not be removed by Tenant. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained written consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors, laborers, materialmen or a UPS systemsuppliers for payment for Tenant's improvements. Subsequent to obtaining Landlord's written consent and prior to commencement of construction of the alterations, which Tenant shall 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, 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, stop notice or other 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 right to remove). All Alterations shall be maintainedfiling thereof, replaced or repaired by Tenant at its the sole cost and expenseexpense of Tenant. Notwithstanding Any exceptions to the foregoing, Tenant shall foregoing must be entitled, without obtaining Landlord's consent, to make Alterations which do not affect the structure of the Building made in writing and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; executed by both Landlord and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseTenant.
Appears in 2 contracts
Sources: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Section 9.1. Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior written consent of Landlord first had 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 obtained by Tenant's plans. After obtaining Landlord's consent, which consent by Landlord shall state whether not be unreasonably withheld, delayed or not Landlord will require Tenant to remove conditioned, and such Alteration alteration or addition shall be at the expiration cost of Tenant; and any addition to, 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 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 limitationalteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. If Landlord but consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall nevertheless be subject made by Landlord at Tenant’s sole cost and expense. Any modifications to removal the buildings or building systems required by governmental code or otherwise as a result of Tenant’s alterations or improvements shall be made at Tenant’s sole cost and expense. Tenant as provided in Section 6 above. Alterations which are not deemed as shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air air-conditioning, wallspartitioning, carpetingdrapery, or any other installation which carpeting and floor installations made by Tenant, together with all property that has become an integral part of the Premises 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 (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif reasonably required by Landlord, replaced or repaired by Tenant secure at its sole Tenant’s own cost and expense. Notwithstanding the foregoing, Tenant shall be entitled, without obtaining Landlord's consent, expense a completion and lien indemnity bond satisfactory to make 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, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) Landlord for such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasework.
Appears in 2 contracts
Sources: Sublease (Aravive, Inc.), Sublease (Versartis, Inc.)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had 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 Buildingobtained by Tenant, 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Notwithstanding Tenant further covenants and agrees that any mechanic's lien filed against the foregoingPremises or against the Complex for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within thirty (30) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 2 contracts
Sources: Lease Agreement (Quantum Effect Devices Inc), Lease Agreement (Quantum Effect Devices Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant (a) 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 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 makethereby be materially lessened as certified in writing by an appropriate officer of Lessee, or suffer 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 be madeLessor of its plans, any alteration or addition make structural additions to and alterations of the Improvements to the Premises Leased Premises, and make structural substitutions and replacements therefor, provided that ("Alterations")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 any part thereof, without obtaining Landlordalteration shall be made unless Lessor's prior written consent shall have been obtained, (iii) none of the 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 delivering unless Lessor's prior written consent shall have been obtained, 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 Landlord Lessee's plans, including plans and specifications, under this clause (y) if and so long as the proposed architectural use, structural integrity and structural market value of the Leased Premises shall not be 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 replacement, discharge all liens arising therefrom and procure and pay for all permits and licenses required in connection therewith. Failure by Lessor to give written approval or disapproval within forty-five days of receipt of such Alterations notice from Lessee under clause (y) shall be deemed Lessor's consent to such plans. All such alterations and additions to the Improvements shall be and remain part of the realty and the property of Lessor and subject to this Lease.
(b) Lessee may, at least fifteen (15) days its expense, install, assemble or place any items of trade fixtures, machinery, equipment or other personal property upon the Leased Premises. Such trade fixtures, machinery, equipment or other personal property shall be and remain the property of Lessee and Lessee may remove the same from the Leased Premises at any time 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 Landlord will require Tenant to remove such Alteration at the 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 provide Landlord provided that (i) written notice of Lessee shall repair any damage to the anticipated and actual start-date of the workLeased Premises resulting from such removal, (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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject removal shall not materially impair the value and use of the Leased Premises.
(c) Lessee may, at its expense, upon 45 days prior notice to removal by Tenant at Landlord's election Lessor, construct improvements on any portion of the Land Parcel on which there is not already a permanent structure for which improvements it has not and will not obtain reimbursement pursuant to Section 6.C. above at paragraph 15 hereof (Lessee's Improvements), provided that upon completion thereof, the expiration or earlier termination use and market value of the Leaseremaining Leased Premises shall not thereby be materially lessened. The Lessee's Improvements shall be and remain the property of Lessee and Lessee may make 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. A. Tenant's Alterations: Tenant 9. Lessee shall not makemake no alterations, additions or suffer to be made, any alteration or addition improvements to the Premises ("Alterations"), or any part thereof, thereof (collectively “Alterations”) without first obtaining Landlord's the prior written consent of the Lessor, which shall not be unreasonably withheld, conditioned or delayed. All Alterations shall be in accordance with plans and delivering 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 to Landlord the proposed architectural aforesaid consent such additional requirements as Lessor may deem necessary in Lessor’s sole but reasonable discretion, including without limitation requirements respecting the manner in which the work is done, Lessor’s right of approval of the contractor by whom the work is to be performed, and the times during which it is to be accomplished. Notwithstanding the foregoing, Lessee shall be allowed to make improvements to the Premises of up to $25,000 per year in costs, provided such improvements (a) are non-structural plans for in nature, (b) will have no affect on the Building Systems and do not require a building permit, (c) would be in compliance with all such Alterations at least fifteen applicable Laws, and (15d) days would not be visible from outside the Building. Upon written request of Lessor prior to the start of construction. If such Alterations affect the structure expiration or earlier termination of the BuildingLease, Tenant additionally agrees 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 reimburse Landlord Lessee of its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consentrestoration requirements, which consent and Lessee shall state whether or not Landlord will require Tenant to remove such Alteration at any Alterations timely designated by Lessor for removal upon the 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 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 not specified to be removed shall at the expiration of earlier termination of the Lease become the property of the Lessor and remain upon and be constructed in compliance surrendered with all applicable building codes and laws includingthe Premises. All movable furniture, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture business and trade fixtures, and machinery and equipment shall become a part remain the property of the realty Lessee and belong to Landlord but shall nevertheless may be subject to removal removed by Tenant as provided in Section 6 abovethe Lessee at any time during the Lease term. Alterations Items which are not to be deemed as movable furniture, business and trade fixtures fixtures, or machinery and equipment shall include heating, lighting, electrical systems, air conditioning, wallspartitioning, carpeting, or any other installation which has become an integral part of the Premises Premises. The Lessee will give the Lessor five (excepting backup power generators or a UPS system, which Tenant shall have 5) business days notice prior to the right commencement of any Alterations work and will at all times permit notices of non-responsibility to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost posted and expense. Notwithstanding to remain posted until the foregoing, Tenant shall be entitled, without obtaining Landlord's consent, to make Alterations which do not affect the structure completion of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.
Appears in 2 contracts
Sources: Triple Net Lease (Mobile Iron, Inc.), Triple Net Lease (Mobile Iron, Inc.)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations': Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereof, without obtaining 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 BuildingBuildings, 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 Landlord will require Tenant to remove such Alteration at the 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 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Buildings and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.
Appears in 2 contracts
Sources: Quarterly Report, Lease Agreement (Verisign Inc/Ca)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the 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 delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen obtained by Tenant (15which approval shall not be unreasonably withheld) 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of to the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systems, air conditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other and floor installation which made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole 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 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 and Tenant. Notwithstanding anything to the foregoingcontrary herein, under no circumstances shall Tenant shall be entitled, without obtaining Landlord's consent, authorized to make Alterations which do not affect penetrate the structure soil to a depth that exceeds three and one-half feet from the uppermost surface of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasesoil.
Appears in 2 contracts
Sources: Lease Agreement (Ipass Inc), Lease Agreement (Ipass Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall (a) Alterations may not make, or suffer to be made, any alteration or addition made to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the 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 BuildingLessor, 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 Landlord will require Tenant to remove such Alteration at the 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 provide Landlord (i) written notice any alterations of the anticipated and actual start-date of the workPremises, (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 excepting movable furniture and machinery and trade fixtures, shall become a part of the realty and belong to Landlord but the Lessor upon termination of this Lease. However, this shall nevertheless be subject to removal by Tenant as not prevent the Lessee from installing trade fixtures, machinery or other trade equipment in conformance with the local ordinances provided in Section 6 above. Alterations which the Premises are not damaged by the removal thereof. The Lessee shall keep the Premises, the 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 further understood and agreed that under no circumstance is the Lessee to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part the Agent of the Lessor for any alteration, repair or operation of the building upon the Premises, the same being done at the sole expense of the Lessee, and all contractors, materialmen, mechanics and laborers are hereby charged with notice that they must look to the Lessee only for the payment of any charge for work done and materials furnished upon the Premises during the term of this Lease.
(excepting backup power generators or a UPS system, which Tenant b) Lessor shall have the right to remove)require removal of alterations and additions but absent such demand, all improvements, additions and utility installations, except trade fixtures and machines, shall remain the property of Lessor. All Alterations The above notwithstanding, Lessee shall be maintainedhave the right to remove all improvements placed in the Premises other than plumbing, replaced or repaired by Tenant electrical, walls, carpets and other like permanent improvements. Lessee shall also have the right to install, at its sole cost and Lessee's expense. Notwithstanding , a vent through 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leaseroof provided it is done in a ▇▇▇▇▇▇▇ like manner.
Appears in 2 contracts
Sources: Standard Industrial Lease (Intercell Corp), Standard Industrial Lease (Intercell Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's AlterationsTENANT'S ALTERATIONS: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereof, without obtaining 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 Landlord will require Tenant to remove such Alteration at the 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 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the Premises. Landlord approves Tenant's right to remove)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 Premises, and Landlord shall reasonably cooperate with the requests of any lessors of, or lenders holding a security interest in, such trade fixtures and equipment, provided that such cooperation does not materially affect Landlord's rights under this Lease. 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 Seventy Fifty Thousand Dollars ($70,000.0050,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. 6.B. above at the expiration or earlier termination of the Lease.
Appears in 2 contracts
Sources: Lease Agreement (Broadcom Corp), Lease Agreement (Broadcom Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first 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 Buildingobtained by Tenant, 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioningairconditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole 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 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 fifteen (15) 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. Notwithstanding anything to the foregoingcontrary herein, under no circumstances shall Tenant shall be entitled, without obtaining Landlord's consent, authorized to make Alterations which do not affect penetrate the structure soil to a depth that exceeds three and one-half feet from the uppermost surface of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasesoil.
Appears in 2 contracts
Sources: Lease Agreement (Saba Software Inc), Lease Agreement (Saba Software Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Except as noted herein, Tenant shall not make, or suffer to be made, any alteration or addition Alterations to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering 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 proposed architectural foregoing, no consent shall be required for certain Alterations listed in items (a), (b) and structural plans for all such Alterations at least fifteen (15c) days prior herein which Tenant may elect to make to the start Premises so long as such exempt Alterations meet the following conditions: (a) the replacement or installation of construction. If such Alterations affect carpet with a carpet quality equal to or greater than the structure 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 Buildinginterior 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), Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred (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 reviewing Tenant's plans. After obtaining 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 ’s consent, which consent shall state whether or 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 Landlord will require Tenant to remove such Alteration at in default after the expiration or earlier termination 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 proceed for Exempt Alterations); (v) Tenant has provided to make Landlord proof of payment and signed lien releases within thirty (30) days of the completion of each such Alterations until Exempt Alteration and/or other Alteration; (vi) Tenant has obtained and has provided to Landlord copies of all required governmental approvals and permits. Tenant agrees to provide Landlord permits for such work of Exempt Alteration and/or other Alteration; (ivii) written notice such work of Exempt Alteration and/or other Alteration must not be structural in nature or impact or change the exterior of the anticipated Premises and/or Building; and actual start-date (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 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, Premises except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord but shall nevertheless be subject Landlord; however, all improvements to removal 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 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 Alterations, 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 an other electronic format as provided in Section 6 abovesolely determined by Landlord. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallssecurity systems, floor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, 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 (excepting backup power generators 5) business 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 Alterations. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. As a UPS systemcondition of Landlord’s Consent to Alterations to the Premises, which Tenant shall have after Landlord provides written Consent to Alterations and prior to any work commencing on the right to remove). All Alterations shall be maintainedAlterations, replaced or repaired by Tenant 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 percent (100%) of the 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. Any exceptions to the foregoing must be made in writing and executed by both Landlord and Tenant. Notwithstanding anything to the foregoingcontrary herein, Tenant shall be entitledresponsible for ensuring that all of Tenant’s Initial Interior Improvements, without obtaining Landlord's consent, to make as well as any future Alterations which do not affect made during the structure of the Building and which do not cost more than Seventy Thousand Dollars Lease Term ($70,000.00including any Extended Term(s)) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all building codes and any other provisions applicable governmental and/or administrative rules, regulations and/or ordinances then in effect as of this paragraph; and (ii) such Permitted the date said Initial Interior Improvements and/or future Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasemade.
Appears in 2 contracts
Sources: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not makenot, without Landlord’s prior written consent, make any alterations, improvements, additions, utility installations or suffer repairs (hereinafter collectively referred to be madeas “Alterations”) in, any alteration on or addition to about the Premises ("Alterations")or the Property. Alterations shall include, or any part thereof, without obtaining 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant but shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals 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 permitswall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Tenant Landlord agrees to provide Landlord (i) written notice that it will endeavor to respond within ten (10) business days after receipt of the anticipated any request for consent to any cosmetic alterations (such as, but not limited to, changes in carpet, wall coverings or painting), and actual start-date of the work, (ii) a complete set of halfthat its consent shall not be unreasonably withheld or delayed as to non-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All structural 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 proposed 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 that do not affect the structure electrical, mechanical or plumbing systems of the Building and which do not cost more than Seventy Thousand Dollars or the Premises. If Tenant so requests at the time that Tenant requests Landlord’s consent to any such Alteration, Landlord shall advise Tenant ($70,000.00at the time of giving such consent) per Alteration ("Permitted Alterations"); provided, however, that: (i) of those Alterations that Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above 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 constructed in accordance with the work letter agreement, except to the extent provided therein. If, as a result of any Alteration made by Tenant, Landlord is 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 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 Landlord, which approval shall not be unreasonably withheld. 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 of this Lease, require that Tenant remove all or part of the Alterations and return the Premises to the 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.
(b) 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, and 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 shall be made and done in a good and workmanlike manner and with new materials satisfactory to Landlord, and such Alterations shall be the property 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 Premises so that it cannot be removed without material damage to the Premises or the Property, shall remain the property of Tenant and may be removed by Tenant subject to the provisions of Section 7.2(b).
(f) Landlord acknowledges that Tenant may desire to make certain alterations or improvements in the 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 may submit requests for reimbursement of such costs not more often than monthly and, to the extent that Tenant has not requested reimbursement of any such hard costs on or before the twentieth (20th) monthly anniversary of the Commencement Date, Landlord shall have no further obligation to reimburse Tenant for such 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 engineering fees and costs. For purposes hereof, the costs of moving Tenant’s operations to the Premises, as well 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. A. Tenant's Alterations: Tenant shall not make, make or suffer to be mademade any alterations, any alteration additions or addition to the Premises improvements (collectively, "Alterations"), ) to or of the Premises or any part thereof, thereof which requires any modification to any structural or foundation component of the Premises without obtaining Landlord's prior the written consent of Landlord first had 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 consentobtained, which consent shall state whether will not be unreasonably withheld, conditioned or delayed, and any alterations, additions or improvements to or of said Premises, including, but not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Leaselimited to, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals wall covering, paneling and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual startbuilt-date of the in cabinet 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 but excepting movable furniture and trade fixtures, shall shall, on the expiration of the term, become a part of the realty and belong to the Landlord but and shall nevertheless be subject surrendered with the Premises. In the event Landlord consents to removal by Tenant as provided in Section 6 above. the making of any 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 to the Premises (excepting backup power generators or a UPS systemby Tenant, which Tenant shall have the right to remove). All Alterations same shall be maintained, replaced or repaired made by Tenant at its Tenant's sole cost and expense, and any contractor or person selected by Tenant to make the same, must first be approved of in writing by the Landlord, which will not be unreasonably withheld, conditioned or delayed. Notwithstanding Landlord shall, at the foregoingtime it consents to the making of any Alterations, notify Tenant in writing, whether Tenant shall be entitled, without obtaining Landlord's consent, allowed to make leave such Alterations which do not affect in the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still Premises or be required to comply with all other provisions of this paragraph; and (ii) remove such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at from the Premises upon the expiration or earlier termination of the LeaseTerm hereof. In the case of Landlord's requiring the removal of such Alterations, Tenant 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 be removed, and repair any damage to the Premises caused by such removal.
Appears in 2 contracts
Sources: Lease (Hei Inc), Lease (Colorado Medtech Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Unless Landlord’s approval is first secured in writing, Tenant shall not makeinstall 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 suffer make any 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 madeplaced against the Leased Premises or the Building; and shall indemnify Landlord against, any alteration or addition to and hold Landlord harmless from, all costs and charges for such work. At the Premises ("Alterations")end of this Lease, or any part thereof, without obtaining Landlord's prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen fixtures, equipment, additions and/or alterations (15except movable equipment installed by Tenant) days prior shall be and remain the property of Landlord; provided however, Landlord shall have the option 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 Landlord will require Tenant to remove any or all such Alteration fixtures, equipment, additions or alterations and restore the Leased Premises to the condition existing immediately prior to such change or installation, normal wear and tear excepted, all at Tenant’s cost and expense. All such work shall be done in a good and workmanlike manner and shall consist of new materials unless Landlord otherwise agrees. Landlord may require adequate security from Tenant assuring no mechanic’s liens on account of work done on the expiration Leased Premises by ▇▇▇▇▇▇ and may post the Leased Premises, or earlier take such other action as is then permitted by law, to protect Landlord and the Leased Premises against mechanic’s liens. Landlord may also require adequate security to assure Landlord that the Leased Premises will be restored to their original condition upon 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 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.
Appears in 2 contracts
Sources: Commercial Lease, Commercial Lease
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering obtained by Tenant (such consent not 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 Buildingbe unreasonably withheld), 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air air-conditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Notwithstanding Tenant further covenants and agrees that any mechanic's lien filed against the foregoingPremises for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within ten (10) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 2 contracts
Sources: Lease Agreement (PLX Technology Inc), Lease Agreement (PLX Technology Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant agrees that no tenant improvements are necessary and Tenant hereby accepts the Premises on an as is basis.
(b) Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining the Landlord's prior written consent consent, make any alterations, improvements or additions in or about the Premises except for non-structural 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 additions at the expiration of the term, and delivering to Landlord restore the proposed architectural and structural plans for all such Alterations at least fifteen Premises to their prior condition by giving Tenant thirty (1530) days written notice prior to the start of construction. If such Alterations affect the structure expiration of the Building, Tenant additionally agrees to reimburse term that 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 Landlord will require requires Tenant to remove any such Alteration alterations, improvements or additions that Tenant has made to the Premises. If Landlord so elects, Tenant at its sole cost shall restore the expiration 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 earlier termination of this Leaseimprovements affecting the Premises, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide notify Landlord (i) written notice in writing of the anticipated and actual start-expected date of the workcommencement of such work so that Landlord can post and record the appropriate notices of non-responsibility to protect Landlord from any mechanic's liens, (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, carpetingmaterialman liens, or any other installation which has become an integral part of 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 (excepting backup power generators for any labor or a UPS system, which 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 removeprotest 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). All Alterations 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 maintained, replaced or repaired by Tenant surrendered with the Premises at its sole cost and expensethe expiration of the term. 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; , Tenant's trade fixtures, furniture, equipment and (ii) such Permitted Alterations are subject other machinery, other than that which is affixed to removal the Premises so that it cannot be removed without material or structural damage to the Premises, shall remain the property of the Tenant and removed by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the term of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)
ALTERATIONS AND ADDITIONS. A. Tenanta. Lessee's Alterations: Tenant . Lessee shall not make, make or suffer to be mademade any -------------------- alterations, any alteration additions, changes or addition to the Premises improvements (collectively, "Alterations")) to or of the Premises, or any part thereof, thereof without obtaining LandlordLessor's prior written consent, which consent shall not, except as otherwise expressly provided in the Lease, be unreasonably 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 delivering not (1) requiring the demolition of any existing improvements or (2) affecting the mechanical or utility systems serving the Premises or the exterior appearance of the Building. Lessor may impose, as a condition to Landlord the aforesaid consent, such requirements as Lessor may deem necessary in its sole reasonable discretion, including without limitation: the manner in which the work is done; a right 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 (or its equivalent) in an amount equal to one and one-half times any and all estimated Alterations costs and 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 architectural Alterations, whether or not Lessor's consent is granted; and structural plans for 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 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 applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee's sole cost and expense:
(i) File for and secure any 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 start commencement of constructionwork 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 Alterations. If such Alterations affect In no event shall Lessee make or suffer to be made any Alteration to the structure mechanical or utility systems of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenantthe Common Area or the structural portions of the Building or any part thereof without Lessor's plans. After obtaining Landlord's prior written consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the 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 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 may be constructed withheld 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its Lessor's 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasediscretion.
Appears in 2 contracts
Sources: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had 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 Buildingobtained by Tenant, 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. If Landlord but consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall nevertheless be subject made at Tenant's sole cost and expense. Any modifications to removal the building or building systems required by governmental code or otherwise as a result of Tenant's alterations, additions or improvements shall be made at Tenant's sole cost and expense. Tenant as provided in Section 6 above. Alterations which are not deemed as shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioningairconditioning, wallspartitioning, carpetingdrapery, or any other installation which carpeting and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make any alterations or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial suppliers for payment for Tenant's improvements, which Tenant shall have will at all times permit such notices to be posted and to remain posted until the right to remove)completion of work. All Alterations shall be maintainedTenant shall, replaced or repaired if required by Tenant Landlord, secure at its sole Tenant's own cost and expense, a completion and lien indemnity bond reasonably satisfactory to Landlord, for such work in excess of $100,000. Notwithstanding Tenant further covenants and agrees that any mechanic's lien filed against the foregoingPremises or against the Complex for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within ten (10) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Lease.foregoing must be made in writing and executed by both Landlord 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. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration ------------------------- alterations, improvements or addition additions in, on or about, or to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the 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, 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 will may require that Tenant agree to remove any such Alteration alterations, improvements or additions at the expiration or earlier termination of this Lease, Tenant shall not proceed and to make such Alterations until Tenant has obtained all required governmental approvals and permitsrestore the Premises to their prior condition. Tenant agrees Any alteration, addition or improvements to 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 AlterationsPremises, except movable furniture and trade fixturesfixtures not affixed to the Premises, shall become a part the property of Landlord upon installation, and shall (subject to the provisions of the realty immediately preceding sentence) remain upon and belong be surrendered with the Premises at the termination of this Lease. Landlord can elect, however, at the time Landlord consents to such alterations to require Tenant to remove an)/alterations, additions or improvements that Tenant has made to the Premises. If Landlord but so elects, Tenant shall nevertheless be subject restore the Premises to removal the condition designated by Tenant as provided Landlord in Section 6 aboveits election, before the last day of the term. Alterations Alterations, additions and improvements which are not to be deemed as trade fixtures include heating, lighting, lighting and electrical systems, air conditioning, wallspartitioning, window coverings, carpeting, or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Premises. Tenant shall have provide Landlord with notice at least two (2) business days prior to making any alterations to thE Premises so that Landlord may post notices of non-responsibility thereon. If, during the right term hereof, any alteration, addition or change of any sort through all or any portion of the Premises is required, due to remove). All Alterations shall be maintainedTenant's particular use of the Premises as opposed to office uses generally by law, replaced regulation, ordinance or repaired by Tenant order of any public agency, Tenant, at its sole cost and expense. Notwithstanding , shall promptly make 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasesame.
Appears in 2 contracts
Sources: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not, without landlord’s prior written consent, make any alterations, additions, improvements or utility installations in, on or about the Premises. Consent shall not makebe unreasonably withheld. 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 require that Tenant agree to remove any such alterations, additions, improvements or suffer utility installations at the expiration of the term and to be made, any alteration or addition to restore the Premises ("Alterations"), or any part thereof, without obtaining Landlord's to their prior written consent and delivering condition. As a further condition to Landlord the proposed architectural and structural plans for all giving 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 Landlord will may require Tenant to remove such Alteration provide Landlord, at the 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 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its Tenant’s sole cost and expense. Notwithstanding , a lien and completion bond in the foregoing, Tenant shall be entitled, without obtaining Landlord's consentamount equal to one and one-half times the estimated cost of such improvements, to make Alterations which do not affect the structure insure Landlord against any liability for mechanics’ and material man’s liens and to insure completion of the Building work.
(b) Unless Landlord requires their removal, as set forth above, all alterations, additions, improvements and which do utility installations (whether or not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"such utility installations constitute trade fixtures of Tenant); provided, howeverthat may be made on the Premises shall, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease, become the property of Landlord and remain upon and 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 so that it cannot be removed without material damage to the Premises, shall remain the property of the Tenant and may be removed by Tenant subject to the provisions of Section 9, at any time during the term of this Lease when Tenant is not in default.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not be permitted to make, or suffer to be madeat its sole cost and expense, any alteration or addition alterations and additions to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's ’s prior written consent consent, (the “Permitted Improvements”). Tenant, however, has already informed and delivering to notified Landlord the proposed architectural of such alterations or additions (see Attachment 1) for preparing Parcel A for production purposes. Landlord explicitly acknowledges 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 plansthese Permitted Improvements. After obtaining Landlord's consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at 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 proceed Install any signs, fixtures, improvements, nor make or permit any other alterations or additions to make the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If any such Alterations until alteration or addition is expressly permitted by Landlord, Tenant has obtained 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, in all required events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and permits. Tenant agrees deliver a copy of same to 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 AlterationsLandlord. All Alterations alterations and additions shall be constructed 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 applicable building codes and laws Laws (including, without limitationbut not limited to, the Americans with Disabilities Act ADA as defined herein), Recorded Matters, and Rules and Regulations, applicable after Commencement Date. According to Attachment1, Tenant has already informed Landlord of 1990 as amended from time its contractors for Permitted improvements to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, be done at Parcel A. Tenant 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 keep the Premises (excepting backup power generators and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced obligations incurred by 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 on behalf of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseTenant.
Appears in 2 contracts
Sources: Lease Agreement (Catalytica Energy Systems Inc), Lease Agreement (Renegy Holdings, Inc.)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant Lessee shall not makeinstall any signs, fixtures or suffer to be made, any alteration or addition improvements to the Premises (collectively, "Alterations"), or any part thereof, ) without obtaining Landlord's the 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 consentLessor, which consent shall state whether not be unreasonably withheld, delayed or conditioned; provided, however, that Lessee shall make no structural alterations and shall make no roof penetrations without Lessor's consent in Lessor's sole discretion except as provided below. Lessor acknowledges that Lessee may wish to expand freezer and cooler areas and equipment. Lessor agrees that it will not Landlord will unreasonably withhold its consent to such expansion provided the structural integrity of the Building is maintained and the work is of a quality consistent with Lessee's Work. Lessor expressly consents to Lessee's Work. Lessee shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Lessee. Prior to the commencement of Alterations involving a cost of more than Two Hundred Thousand Dollars ($200,000), Lessor may require Tenant Lessee to remove post a completion bond for up to 125% of the cost of the work. Lessee shall have the right to contest the correctness or validity of any such Alteration at lien if,within thirty (30) days of demand by Lessor, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the expiration State of Washington. Lessee shall promptly pay or earlier cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, whichever is earlier. Upon termination of this Lease, Tenant Lessee shall not proceed to make remove all signs, fixtures, furniture and furnishings and if requested by Lessor, remove any improvements made by Lessee (including freezers and coolers included in Lessee's Work) and repair any damage caused by the installation or removal of such Alterations until Tenant has obtained all required governmental approvals signs, fixtures, furniture, furnishings and permits. Tenant agrees to provide Landlord (i) written notice improvements and leave Premises in as good condition as they were at the time of the anticipated commencement of this Lease, excepting for reasonable wear and actual start-date of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, tear 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 damage 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, fire or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expensecasualty. Notwithstanding the foregoing, Tenant shall be entitledLessee may, without obtaining LandlordLessor's consent, install and replace its trade fixtures and equipment and make interior, non-structural alterations to make 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, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeasePremises.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining Landlord's prior written consent and delivering consent, not to Landlord be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions in, on or about the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to Premises or the start of constructionOffice Building Project. If such Alterations affect At the structure expiration of the Buildingterm, Landlord may require the removal of any or all of said alterations, improvements or additions and the restoration of the Premises and the Office Building Project to their prior condition, at Tenant's expense. Should Landlord permit Tenant to make any alterations, improvements or additions, Tenant additionally agrees shall use only contractors expressly approved by Landlord. In addition, Landlord may require Tenant to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing provide Landlord, at Tenant's planssole cost and expense, with 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. After obtaining Such contractors shall carry liability insurance of a type and in such reasonable amounts as Landlord shall reasonably require, naming Landlord and Tenant as additional insureds. Before commencing the work, such contractors shall furnish Landlord with certificates of insurance evidencing such coverage and with evidence of recording of a fully executed waiver of mechanics' liens. Tenant shall also maintain a policy of Builder's Risk for such work. Should Tenant make any alterations, improvements or additions without the 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 any part or all of such work. Notwithstanding the foregoing, nonstructural alterations, improvements or additions may be made without Landlord's consent, but upon at least 10 days notice to Landlord; provided, that Landlord has obtained any required consents from the municipal authorities, which consents Landlord shall diligently pursue upon Tenant's request. The fees for any such consents or approvals shall be paid for by Tenant.
(b) Tenant shall present any alteration, improvement or addition in or about the Premises or the Office Building Project that Tenant desires to make to Landlord in written form, with proposed detailed plans. If Landlord consents to such alteration, improvement or addition, the consent shall state whether or not be deemed conditioned upon Tenant acquiring a permit to do so from the applicable government agencies, furnishing a copy thereof to Landlord will require Tenant prior to remove such Alteration at the 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 provide Landlord (i) written notice of the anticipated and actual start-date commencement 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 by Tenant with all applicable building codes conditions of said permit in a prompt and laws includingexpeditious manner.
(c) Tenant shall pay, without limitationwhen 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 Americans with Disabilities Act of 1990 as amended from time to time. Upon Building or 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, carpetingOffice Building Project, or any other installation which has become an integral part interest therein.
(d) Tenant shall give Landlord not less than ten (10) days' notice prior to the commencement of any work in the Premises (excepting backup power generators or a UPS system, which Tenant by Tenant. Landlord shall have the right to remove)post notices of non-responsibility in or on the Premises or the Building. All Alterations shall be maintainedIf Tenant, replaced in good faith, contests the validity of any lien, claim or repaired by demand regarding the work, then Tenant shall, at its sole cost expense, defend itself and expense. Notwithstanding Landlord and Landlord's agents against the foregoingsame and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or Landlord's agents or the Premises or the Building or the Office Building Project, upon the condition that if Landlord shall require, Tenant shall be entitled, without obtaining furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand 12 indemnifying Landlord and Landlord's consentagents against liability for the same and holding the Premises, to make Alterations which do not affect the structure of the Building and which do the Office Building Project 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, improvements and additions made by Tenant shall be done in a good, workmanlike, manner with good quality materials and shall become upon installation the property 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 paragraph 7.3(a). Any trade fixtures installed and paid for by Tenant may, in the event Tenant is not cost more than Seventy Thousand Dollars in default beyond applicable notice and grace periods under this Lease, be removed by Tenant during the term of this Lease and shall upon demand by Landlord be removed upon expiration of the term. Tenant shall in all events promptly repair any damage caused by removal of trade fixtures.
($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (if) Tenant shall still be required to comply provide Landlord with all other provisions of this paragraph; as-built plans and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration specifications for any alterations, improvements or earlier termination of the Leaseadditions.
Appears in 1 contract
Sources: Office Lease (Epl Technologies Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not be permitted to make, or suffer to be madeat its sole cost and expense, any alteration or addition non-structural alterations and additions to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's prior written consent and delivering to consent, provided the cost of the same does not exceed $15,000 (the "Permitted Improvements"). Tenant, however, shall first notify Landlord of such alterations or additions so that Landlord may post a Notice of Non-Responsibility on the proposed architectural and structural plans for all such Alterations at least fifteen Premises. Within twenty (1520) days prior to the start of construction. If such Alterations affect the structure Landlord's receipt 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 consentwritten notice of any item comprising the Permitted Improvements, which consent Landlord shall state notify Tenant, in writing, whether or not Landlord will require Tenant to remove such Alteration at item from the Premises upon the expiration or earlier termination of this Lease. Except for the Permitted Improvements, Tenant shall not proceed install any signs, fixtures, improvements, nor make or permit any other alterations or additions to the Premises without the prior written consent of Landlord; provided, however, in no event may Tenant make any penetrations to the roof which will affect the structural integrity of the Building without first obtaining Landlord's prior written consent, which consent may be given or withheld in Landlord's sole discretion. If any such Alterations until alteration or addition is expressly permitted by Landlord, Tenant has obtained 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. In all required events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and permits. Tenant agrees deliver a copy of same to 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 AlterationsLandlord. All Alterations alterations and additions shall be constructed installed by a licensed contractor approved by Landlord, at Tenant's sole expense in compliance with all applicable building codes and laws Laws (including, without limitationbut not limited to, the Americans with Disabilities Act ADA as defined herein), Recorded Matters, and Rules and Regulations. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of 1990 as amended from time any work performed, materials furnished or obligations incurred by or on behalf of Tenant. As a condition to time. Upon Landlord's consent to the Expiration Date, all Alterations, except movable furniture and trade installation of any fixtures, shall become additions or other improvements, Landlord may require Tenant to post and obtain a part completion and indemnity bond for up to one hundred fifty percent (150%) 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 cost of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasework.
Appears in 1 contract
Sources: Lease Agreement (Homegrocer Com Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be ------------------------- made, any alteration or addition to the Premises ("Alterations")premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering obtained by Tenant (such consent not 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 Buildingbe unreasonably withheld), 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systems, air air-conditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order to make such alteration or a UPS systemadditions, which 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 improvements. Tenant shall have will at all times permit such notices to be posted and to remain posted until the right to remove)completion of work. All Alterations shall be maintainedTenant shall, replaced or repaired if required by Tenant Landlord, secure at its sole Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Notwithstanding Tenant further covenants and agrees that any mechanic's lien filed against the foregoingPremises for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within ten (10) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant(a) Lessee shall not, without Lessor's Alterations: Tenant shall not makeprior written consent, make any alterations, improvements, additions, or suffer to be madeUtility Installation (as defined below) in, any alteration on or addition to about the Premises ("Alterations"), or any part thereofPremises, without obtaining LandlordLessor's prior written consent which consent shall not be unreasonably withheld. Such alterations, improvements, additions (including, without limitation, Tenant Improvements) or Utility Installation (as defined below) constructed and/or installed by Lessee in, on or about the Premises shall be collectively referred to as "Alterations." Lessee shall first obtain Lessor's approval of the plans and delivering to Landlord specifications for the proposed architectural and structural plans for all such Alterations. Lessee shall not make any change or alteration in connection with any Alterations at least fifteen (15) days prior or otherwise to the start exterior of construction. If such Alterations the Premises or which could possibly have an adverse effect on the Building's plumbing, heating, mechanical, life safety, ventilation, air conditioning, electrical or security systems, which could affect the structure structural integrity of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenantor which could affect the exterior appearance of the Building without Lessor's plans. After obtaining Landlord's consentprior written consent whether as a part of any Alterations or otherwise, which consent may be withheld in Lessor's good faith discretion. As used in this Paragraph 8.4, the term "Utility Installation" shall state whether include carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Lessor may require that Lessee remove any or not Landlord will require Tenant to remove such Alteration at all of said Alterations made with Lessor's consent forthwith following the expiration of the term or earlier other termination of this Lease, Tenant shall not proceed and restore the Premises to make such Alterations until Tenant has obtained all required governmental approvals and permitstheir prior condition. Tenant agrees Lessor may require Lessee to provide Landlord (i) written notice of the anticipated and actual start-date of the workLessor, (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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its Lessee's sole cost and expense. Notwithstanding , worker's compensation insurance, a performance and payment bond in an amount equal to one and one-half times the foregoing, Tenant shall be entitled, without obtaining Landlord's consentestimated cost of such improvements, to make Alterations which do not affect the structure insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the Building and which do work. Should Lessee make any Alterations without the prior approval of Lessor, Lessor may require that Lessee remove any or all of the same within thirty (30) days after Lessor's notification. Lessee shall not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions obtain Lessor's approval of this paragraph; the plans and (ii) such Permitted Alterations are subject specifications for the Tenant Improvements to removal be constructed by Tenant at Landlord's election Lessee pursuant to Section 6.C. 7 above at providing the expiration or earlier termination cost of the LeaseTenant Improvements does not exceed $10,000.00 in the aggregate providing such Tenant Improvements are otherwise constructed in accordance with this Paragraph 8.4.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant12.1 Lessee shall at Lessee's Alterations: Tenant sole cost and expense, replace the existing carpet and paint the interior walls of the Premises. The colors of the carpet and paint shall be approved by District, which approval shall not makebe unreasonably withheld. Lessee shall be allowed to credit up to $7,200 of the carpet and paint costs against the rent payment due in the second month of the Lease Term.
12.2 Lessee shall make no other alterations, additions or suffer to be made, any alteration or addition improvements to the Premises ("Alterations"), or any part thereof, thereof without obtaining Landlord's the prior written consent of District.
12.3 District may impose as a condition to the aforesaid consent such requirements as District may deem necessary in its reasonable discretion, including with limitation thereto, the manner in which the work is done, a right of approval of the contractor by whom the work is to be performed, the times during which it is to be accomplished, and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days requirement that upon written request of District 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this the Lease, Tenant Lessee will remove any and all movable partitions, counters, personal property, equipment, fixtures and furniture, unless upon granting consent District agrees otherwise.
12.4 All such alterations, additions or improvements shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease, become the property of District and remain upon and be surrendered with the Premises, unless specified pursuant to Section 11.2 above, or if upon granting consent, District agrees otherwise.
12.5 All articles of personal property and all business and trade fixtures machinery and equipment, furniture and movable partitions owned by Lessee or installed by Lessee at its expense in the Premises shall be and remain the property of Lessee and may be removed by Lessee at any time during the Lease term when Lessee is not in default hereunder.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining Landlord's prior Land▇▇▇▇'▇ ▇rior 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 not be unreasonably withheld, make any alterations, additions, improvements or utility installations ("Alterations") in, on or about the Premises. Landlord hereby consents to all nonstructural Alterations to the interior of the Premises, the cost of which does not exceed $100,000.00 in the aggregate in any one Lease Year. As a condition to its consent, Landlord will may require (a) 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, and (b) Tenant to remove provide Landlord, at Tenant's sole cost and expense, with a lien and completion bond in an amount equal to one and one-quarter times the estimated cost of such Alteration at alterations to insure Landlord against any liability for liens and to insure completion of such Alterations. In determining whether to grant or deny such consent, Landlord may also consider the expiration or earlier termination aesthetics of this Leaseany proposed Alterations and whether such Alterations would enhance the physical appearance and value of the Premises. Upon completion of any Alterations, Tena▇▇ ▇▇▇ees to (i) cause a Notice of Completion to be 24 recorded in the Office of the County Recorder in the County of Orange in accordance with Section 3093 of the California Civil Code, and (ii) cause Tenant's Architect to complete and sign the Architect's Certificate in the form attached hereto as Exhibit "H". 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, including, without limitation the State of California Title 24 Energy Regulations. In any event, Tenant shall give Landlord not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) less than 30 days' written notice prior to the commencement of the anticipated any Alterations 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced post notices of nonresponsibility on or repaired by Tenant at its sole cost and expense. Notwithstanding about 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeasePremises.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had 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 Buildingobtained by Tenant, 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable furniture and trade traded fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations make by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Notwithstanding Tenant further covenants and agrees that any mechanic's lien filed against the foregoingPremises or against the Complex for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within ten (10) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining Landlord's prior written consent consent, which shall not be unreasonably withheld, delayed, or conditioned, make any alterations, improvements or additions (referred to collectively herein as "Alterations") in, or about 13 the Premises. Landlord may require that Tenant remove any or all of said Alterations at the expiration of the term or such other time at which Tenant ceases to possess the Premises, and delivering restore the Premises to their prior condition; provided, however, Tenant shall not be required to remove any Alterations made to the Premises and approved by Landlord prior to the Commencement Date hereof. Should Tenant make any Alterations without the prior approval of the Landlord, Landlord may require that Tenant immediately remove any or all of such items and/or Landlord may declare a default by Tenant under this Lease. In no event shall Tenant place any exterior signs or interior drapes, blinds, or similar items visible from the outside of the Premises without the prior written approval of Landlord.
(b) Any Alterations in, or about the Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, the proposed architectural consent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work, the compliance by Tenant with all conditions of said permit and with all specifications in the plans in a prompt and expeditious manner. Tenant shall not permit any of the work to be performed by persons not currently licensed under any applicable licensing laws or regulations pertaining to the types of work to be performed, except for Tenant's employees; provided, however, such employees' work must be performed in a good and workmanlike manner and such employees must be fully covered by requisite Workers' Compensation Insurance provided by Tenant. Landlord shall not be deemed unreasonable in the exercise of its discretion from withholding approval of any Alterations which involve or might affect any structural plans or exterior element of the Building, any area or element outside of the Premises, or any facility serving any areas of the Building outside of the Premises, or which will require unusual expense to re-adapt the Premises to normal office or warehouse use on the termination or expiration of the Lease, unless in the latter case Tenant either desires to or is required to make repairs or Alterations in accordance with this Lease.
(c) Tenant shall pay, when due, all claims for all such Alterations labor or materials furnished or alleged to have been furnished to or for Tenant at least or for use in the Premises, which claims are or may be secured by any mechanic's or materialman's lien against the Premises or the Building. Tenant shall give Landlord not less than ten (10) days' notice prior to the commencement of any work in, on or about the Premises, and Landlord shall have the right to post notices of non-responsibility in, on or about the Premises as provided by law. Tenant shall have no power or authority to do any act or make any contract which may create or be the basis for any lien upon the interest of the Landlord, the Premises or the Building, or any portion thereof. If any mechanics or other lien or any notice of intention to file a lien shall be filed or delivered with respect to the Premises or the Building, based upon any act of the Tenant or of anyone claiming through the Tenant, or based upon work performed or materials supplied allegedly for the Tenant, Tenant shall cause the same to be canceled and discharged of record within fifteen (15) days prior to after the start of constructionfiling or delivery thereof. If Tenant has not so canceled the lien within fifteen (15) days as required herein, Landlord may pay such Alterations affect amount, and the structure amount so paid together with interest thereon from the date of payment and all legal costs and charges, including attorneys fees, incurred by Landlord in connection with said payment cancellation of the lien or notice of intent shall be additional Rent and shall be payable on the next succeeding date on which Base Rental Installment is due. Landlord may, at its option and without waiving any of its rights set forth in the immediately preceding sentence, permit Tenant to contest the validity of any such lien or claim, provided that in such circumstances the Tenant shall at its expense defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord, the Premises or the Building, provided further that Landlord may at any time require the Tenant additionally agrees to reimburse deposit with the court exercising jurisdiction over such claim, such amount as may be necessary under applicable statutes to cause the release and discharge of the lien, and if Tenant shall not immediately make such payment upon the request of Landlord, Landlord its reasonable out-of-pocket may make said payment and the amount so paid, together with interest thereon from the date of payment and all legal costs and charges, including attorneys fees, incurred by Landlord in reviewing Tenant's plansconnection with said payment shall be deemed Additional Rent and shall be payable on the next succeeding date on which a Base Rental Installment is due. After obtaining Landlord's consentIn addition, which consent shall state whether or not Landlord will may require Tenant to remove pay Landlord's attorneys fees and costs in participating in such Alteration action if Landlord shall decide it is in its best interest to do so. Nothing herein contained shall be construed as a consent on the part of Landlord to subject the interest and estate of Landlord to liability under any lien law of the state in which the Premises are situated, for any reason or purpose whatsoever, it being expressly understood that Landlord's interest and estate shall not be subject to such liability and that no person shall have any right to assert any such lien.
(d) Unless Landlord requires their removal, as set forth in Section 10.4(a), all Alterations which may be made on the Premises shall, at the 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 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 term or such other 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 (excepting backup power generators or a UPS system, at which Tenant shall have ceases to possess the right to remove). All Alterations shall Premises, become the property of Landlord and remain upon and be maintained, replaced or repaired by Tenant at its sole cost and expensesurrendered with the Premises. 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; Section 10.4(d), Tenant's machinery and (ii) such Permitted Alterations are equipment, shall remain the property of Tenant and may be removed by Tenant subject to removal by 14 the provisions of Section 10.3 hereof and provided further that Tenant at Landlord's election pursuant to Section 6.C. above is not in default under this Lease at the expiration or earlier termination of time Tenant ceases to possess the LeasePremises.
Appears in 1 contract
Sources: Commercial Lease (McData Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not makemake or permit any alteration, addition or suffer improvement to be made, or of any alteration or addition to part of the Premises ("Alterations")in excess of $5,000 without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Tenant shall pay any part thereofand all reasonable costs incurred by Landlord in reviewing and evaluating any request for the consent required by this Paragraph. Any alteration, without obtaining addition or improvement 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. Tenant shall obtain 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 approval 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 any contractor or not Landlord will require entity selected by Tenant to remove such Alteration at the 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 provide Landlord (i) written notice of the anticipated and actual start-date of perform 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 Alterationswhich approval shall not be unreasonably withheld or delayed. All Alterations shall be constructed in compliance with all applicable building codes and laws alterations, additions or improvements per the original tenant improvement plans attached hereto as Exhibit A that Landlord provides (including, without limitationbut not limited to, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Datewall and window covering, all Alterationspaneling and built-in cabinet work, except movable but excepting moveable furniture and trade fixtures, ) shall at once become a part of the realty and realty, belong to the Landlord but and shall nevertheless be subject to surrendered with the Premises unless Landlord demands their removal as set forth below. Upon the 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 made by Tenant as and designated by Landlord to be removed; provided in Section 6 aboveLandlord gives Tenant not less than thirty (30) days advance written notice. Alterations which are not deemed as trade fixtures include heatingTenant shall, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense, repair any damage to the Premises caused by such removal. Notwithstanding Removal of tenant improvements shall not include those improvements made by Landlord in behalf of Tenant. Landlord acknowledges that Tenant will be placing and installing numerous pieces of equipment and fixtures in the foregoing, Tenant shall be entitled, without obtaining Landlord's consent, to make Alterations Premises which do not affect will remain the structure property of the Building Tenant. Tenant also agrees to repair any damage, at its sole cost and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedexpense, however, that: (i) Tenant shall still be required to comply with all other provisions caused by the removal of this paragraph; such equipment and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasefixtures.
Appears in 1 contract
Sources: Lease Renewal (Nutraceutix Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Except as provided below, Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining Landlord's prior written consent, which may be given or withheld in Landlord's sole discretion, make any alterations, improvements, additions, utility installations or repairs (hereinafter collectively referred to as "Alterations") in, on or about the Premises or the Project. 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, painting, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Notwithstanding the foregoing, Landlord’s consent and delivering to Landlord the proposed architectural and structural plans shall not be required for all such Alterations at least fifteen cosmetic, non‑structural alterations (15"Cosmetic Alterations") days prior to the start inside of construction. If such Alterations the Premises (e.g., paint and carpet, communication systems, telephone and computer system wiring) that do not (i) involve the expenditure of more than $5,000 in the aggregate, (ii) affect the structure 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 other tenant of the Project. At the expiration of the term, Landlord may require the removal of any Alterations installed by Tenant additionally agrees and the restoration of the Premises and the Project to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing their prior condition, at Tenant's plansexpense. After obtaining If a work letter agreement is entered into by Landlord and Tenant, Tenant shall not be obligated to remove the tenant improvements constructed in accordance with the work letter agreement. If, as a result of any Alteration made by Tenant, Landlord is 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 Project, as a condition to Landlord's consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the 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 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove)require Tenant to. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoingIn addition, Tenant shall be entitledpay to Landlord a fee equal to three percent (3%) of the cost of the Alterations (excluding Cosmetic Alterations) 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 (the “Landlord Fee”). If Landlord incurs reasonable architectural, engineering or other consultants’ fees in evaluating such Alterations, Tenant shall reimburse Landlord for these reasonable fees in addition to the Landlord Fee. If T▇▇▇▇▇ proposes Alterations to Landlord but subsequently elects not to construct the Alterations, and Landlord has incurred costs in reviewing Tenant’s proposed Alterations (e.g., reasonable architect’s, engineer’s or property management fees), Tenant shall reimburse Landlord for the reasonable costs incurred by Landlord within thirty (30) days after written demand. Should Tenant make any Alterations without obtaining the prior approval of Landlord's consent, 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 the condition it was in prior to the making of the Alternations. In the event Tenant makes any Alterations, T▇▇▇▇▇ agrees to obtain or cause its contractor to obtain, prior to the commencement of any work, "builders all risk" insurance in an amount approved by Landlord and workers compensation insurance.
(b) Any Alterations in or about the Premises that Tenant shall desire to make Alterations shall be presented to Landlord in written form, with plans and specifications which do not affect are sufficiently detailed to obtain a building permit. If Landlord consents to an Alteration, the structure 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 Building work, and which do not cost more than Seventy Thousand Dollars 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.
($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (ic) Tenant shall still 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 required 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 comply with all other provisions Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the amount of this paragraph; 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.
(iid) Tenant shall give Landlord not less than ten (10) days' advance written notice prior to the commencement of any work in the Premises by T▇▇▇▇▇, and Landlord shall have the right to post notices of non-responsibility in or on the Premises or the Project.
(e) All Alterations (whether or not such Permitted Alterations are subject constitute trade fixtures of Tenant) which may be made to removal 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 with new materials satisfactory to Landlord's election , and such Alteration shall be the property 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 6.C. above at 7.3(a). Provided Tenant is not in default, T▇▇▇▇▇'s personal property and equipment, other than that which is affixed to the expiration Premises so that it cannot be removed without material damage to the Premises or earlier termination the Project, shall remain the property of Tenant and may be removed by Tenant subject to the Leaseprovisions of Section 7.2(b).
Appears in 1 contract
Sources: Office Lease (Auxilio Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant Lessee shall not make, or suffer to be made, any alteration alterations, improvements, or addition additions in, on or about, or to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the prior written consent of Lessor, and delivering without a valid building permit issued by the appropriate governmental authority. Lessor retains, at his sole option, the right to Landlord the proposed architectural and structural plans for perform all repairs, alterations, improvements or additions in, or about, or to said Premises or any part thereof. As a condition to giving 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 Landlord will Lessor may require Tenant that Lessee agree to remove any such Alteration alterations, improvements or additions at the expiration or earlier termination of this Lease, Tenant shall not proceed and to make such Alterations until Tenant has obtained all required governmental approvals and permitsrestore the Premises to their prior condition. Tenant agrees Any alteration, addition, or improvement to 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 AlterationsPremises, except movable furniture and trade fixturesfixtures not affixed to the Premises, shall become a part the property of the realty Lessor upon installation, and belong shall remain upon and be surrendered with the Premises at the termination of this Lease. Lessor can elect, however, within thirty (30) days before expiration of the term to Landlord but require Lessee to remove any alterations, additions or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall nevertheless be subject restore the Premises to removal the condition designated by Tenant as provided Lessor in Section 6 aboveits election, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air air-conditioning, wallsplumbing, carpetingpartitioning, electrical signs, carpeting or any other installation which has become an integral intregal part of the Premises Premises. In the event Lessor consents to Lessee's making any alterations, improvements or additions, Lessee shall notify Lessor in writing at least fifteen (excepting backup power generators or a UPS system15) days prior to commencing work and Lessee shall be responsible for the timely posting of notices of non-responsibility on Lessor's behalf, providing that Lessor shall be responsible for executing and recording said notices and delivering the same to Lessee for posting, which Tenant shall have remain posted until completion of the right alterations, additions, or improvements. Lessee's failure to remove). All Alterations notify Lessor within the time period provided in the preceding sentence shall be maintaineda breach of this Lease. If, replaced during the term hereof, any alteration, change or repaired addition of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by Tenant law, regulation, ordinance or order of any public agency, Lessee, at its sole cost and expense. Notwithstanding , shall promptly make 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasesame.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant (1) 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, or suffer to be made, make any alteration or addition alterations whatsoever to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the 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 approval of the BuildingLessor. Without limiting the generality of the foregoing, 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant Lessee shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals paint, wallpaper, construct, renovate, install or erect any buildings, structures, fixtures, grounds, improvements or other facilities without first obtaining heritage permits and permits. Tenant agrees to provide Landlord (i) the written notice approval of the anticipated Lessor for such works. The Lessee shall at its own cost and actual start-date of expense prepare the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy Premises appropriately for the work upon completion of the Alterationsapproved use. All Alterations The Lessee shall be constructed in compliance with all applicable building codes and laws includingimplement, 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding , all precautions, measures and safeguards as are necessary to protect the foregoingpublic from injury during any approved alterations of the Premises and to maintain the heritage designation of the Premises.
(2) All permitted installations, Tenant 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 entitledremoved from the Premises by the Lessee at any time either during or after the Term, without obtaining Landlord's consentthe 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 make Alterations which do not affect require the structure 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 Building Lessee, and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant the Lessee shall still be required to comply make good all 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 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, the 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 Lessee for any services, work or materials which may be 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 all other his obligations according to the provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above Lease, the Lessee may remove his trade fixtures at the expiration end of the Term or earlier other termination of this Lease and the LeaseLessee covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Lessee's trade fixtures.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not makenot, without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion, make any structural or exterior alterations, additions, improvements or utility installations ("Structural Alterations") in, on or about the Premises. Any request for additions, alterations, or suffer to be made, any alteration or addition improvements to the Premises which are not Structural Alterations ("Non-Structural Alterations") 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, or the cost of which does not exceed Fifty Thousand and 00/100 Dollars ($50,000.00) in the aggregate in any part thereofone Lease Year, without obtaining Landlord's provided Landlord receives at least ten (10) business days' prior written consent and delivering 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 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 architectural Alterations and structural plans for all whether such Alterations at least fifteen (15) days prior to would enhance the start of construction. If such Alterations affect the structure physical appearance and value of the BuildingPremises. At the time Tenant requests consent to any Alterations, Tenant additionally agrees to reimburse may request of Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's that Landlord inform Tenant at the time of granting such consent, which if consent shall state is to be granted, whether or not Landlord will require Tenant to remove such removal of the proposed Alteration at upon the expiration or earlier termination of this LeaseLease (a "Removal Determination"). If Landlord fails to respond to a request for a Removal Determination within fifteen (15) business days after such request, Tenant Landlord shall not proceed be deemed to make have determined that Landlord will withhold its decision regarding such Alterations removal until Tenant has obtained all required governmental approvals and permitssurrender of the Premises. Upon completion of any Alterations, Tenant agrees to provide Landlord (i) written notice cause a Notice of Completion to be recorded in the Office of the anticipated and actual start-date County Recorder in the County of Orange in accordance with Section 3093 of the workCalifornia Civil Code, and (ii) a cause Tenant's architect to complete set of half-size (15" X 21and sign the Architect's Certificate in the form attached hereto as Exhibit ") vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the AlterationsF". All such Alterations shall be constructed done in compliance a good, workmanlike manner, shall be diligently prosecuted to completion and shall be performed and done strictly in accordance with all applicable building codes governmental statutes, laws, rules, regulations, ordinances and laws 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 as amended from time 1990, and any amendments thereto. In any event, Tenant shall give Landlord not less than 30 days' written notice prior to time. Upon the Expiration Date, all Alterations, except movable furniture commencement of any Alterations 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced post notices of nonresponsibility on or repaired by Tenant at its sole cost and expenseabout the Premises. Notwithstanding the foregoingforegoing but subject to the last three sentences of the immediately preceding paragraph, Tenant shall be entitledhave the right, without obtaining Landlordat Tenant's consentsole cost, expense and liability, to make Alterations which do not affect expand the structure mezzanine of the Building in accordance with preliminary plans prepared by Howa▇▇ ▇. ▇▇▇▇▇▇▇▇ & ▇ssociates dated October 7, 1997, Sheet Nos. A-1.1 and which do not cost more than Seventy Thousand Dollars A-2.1 ($70,000.00) per Alteration (the "Permitted AlterationsMezzanine Preliminary Plans"); , provided, however, that: (i) Tenant shall still prepare and submit to Landlord for approval, which approval shall not be required to comply with all other provisions of this paragraph; 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, under supervision of an architect or other construction supervisor selected by Landlord (provided that any such Permitted Alterations are subject to removal by Tenant at supervision shall be solely for Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasebenefit and shall not be relied upon by Tenant).
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: 7.3.1 Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining Landlord's prior written consent and delivering to Landlord make any non-structural alterations, improvements, additions, Utility Installations or repairs (collectively, "Alterations") in 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, Premises unless Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining first obtains Landlord's prior written consent, which consent shall state whether not be unreasonably withheld. In addition, Tenant shall not make any (i) structural Alterations to the Premises, (ii) Alterations to the Building or Office 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 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this LeaseTenant Improvements to be made under the Work Letter Agreement. Should Landlord permit Tenant to make its own Alterations, Tenant shall not proceed to make use only such Alterations until contractor as has been expressly approved by Landlord, and Landlord may require Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the workLandlord, (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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its 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 foregoingother provisions of this paragraph 7.3.1, Tenant shall be entitledmay, without obtaining Landlord's prior written consent, make cosmetic, non-strucural Alterations (other than alterations, improvements, or additions to make Alterations which do not affect the structure of Utility Installations) to the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, Premises provided that: (i) Tenant shall still be required to comply with all other provisions the aggregate cost of this paragraph; those Alterations during any twelve (12) month period does not exceed Five Thousand and 00/100 Dollars ($5,000), (ii) such Permitted the Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination do not require any demolition of any part of the LeasePremises, (iii) Tenant provides Landlord with five (5) days prior written notice of its planned Alterations, and (iv) Tenant otherwise complies with the requirements of this Lease regarding Alterations to the Premises.
Appears in 1 contract
Sources: Standard Office Lease (Omp Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, make or suffer to be mademade any non-structural alterations, any alteration additions, or addition to the Premises improvements (collectively, "Alterations")) to or of the Premises, or any part thereof, without first obtaining Landlord's prior the written consent of Landlord, which shall not be unreasonably withheld or delayed. Tenant shall submit detailed specifications, floor plans and delivering necessary permits (if applicable) to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of constructionreview. If such 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 of such Alterations does not exceed $10,000 in the aggregate during the Term, (ii) does not include the installation of any data or other cables in or about the Premises, including in the walls or the ceiling of the Premises, (iii) does not affect the plumbing, electrical, structural or mechanical systems of the Building, and (iv) 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 Landlord will require Tenant to remove such Alteration at otherwise complies with the expiration or earlier termination provisions of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 AlterationsSection. All Alterations shall be constructed in compliance comply with all applicable building codes and laws includingLaws, without limitation, the Americans with Disabilities Act of 1990 as amended from time to timeincluding ADA. Upon the Expiration Date, all Any Alterations, except including wall covering, paneling, and built-in cabinet work, but excluding movable furniture and trade fixtures, shall on the expiration of the Term 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 heatingLandlord, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations and shall be maintained, replaced surrendered with the Premises. Landlord may require that Tenant remove any or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant shall be entitled, without obtaining all Alterations (including Alterations that do not require Landlord's consent) at the expiration or sooner termination of the Term, and restore the Premises and the Building to make their prior condition at Tenant's cost, unless Landlord agrees in writing that it will not require such removal. In no event shall any Alterations which do not 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 w▇▇▇▇▇▇'▇ compensation and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedsuch other employee and public liability insurance as Landlord deems necessary, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted where the Alterations are subject material, Landlord may require Tenant or its contractors to removal 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 10 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 non-responsibility. Tenant shall reimburse Landlord for any expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord's election pursuant contractors or consultants to Section 6.C. above at review plans and specifications prepared by Tenant, and the expiration or earlier termination cost of updating the existing as-built plans of the LeaseBuilding to reflect the Alterations, not to exceed $1,000 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 any person performing work or furnishing materials or supplies for Tenant or any persons claiming under Tenant. In connection with any Alterations, Tenant shall provide Landlord with copies of any building permits or certificates of occupancy within 5 days after Tenant's receipt.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. 1) If the Tenant, during the term of this lease or any renewal of it, desires to make any alterations or additions to the premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's Alterations: business, the Tenant shall not makemay do so at his own expense, or suffer at any time and from time to be madetime, if the following conditions are met:
(a) before undertaking any alteration or addition the Tenant shall submit to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's prior written consent and delivering to Landlord a plan showing the proposed architectural alterations or additions 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant any alteration or addition unless the Landlord has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of approved the anticipated and actual start-date of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawingsplan, and (iii) a certificate of occupancy for the work upon completion of Landlord shall not withhold their approval; i. and items included in the Alterations. All Alterations plan which are regarded by the Tenant as "Trade Fixtures" shall be constructed in compliance designated as such on the plan;
(b) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building codes code standards and by-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 municipality in which the Premises are located.
2) The Landlord agrees to complete all leasehold improvements as may be agreed upon between the Landlord and belong the Tenant prior to Landlord but the commencement of this lease. These leasehold improvements shall nevertheless remain the property of the Landlord. The Tenant shall thereafter, be subject responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to removal be made in, on or to the Premises.
3) No sign, advertisement or notice shall be inscribed, painted or affixed by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpetingthe Tenant, or any other installation person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord, such approval not to be unreasonably withheld.
4) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant.
5) In the event that any construction or other lien shall be filed against the Premises as a result of any work or materials furnished by the Tenant, the Tenant will, at its cost and expense, proceed diligently either to cause the same to be discharged or proper proceedings to be instituted to contest the validity or amount of such lien and will, if requested, provide Landlord with a bond to secure payment of such obligation within ten (10) business days of receiving notice of the such lien being registered on title to the Premises.
6) If the Tenant has complied with his obligations according to the provisions of this Lease, the Tenant may remove his Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant's Trade Fixtures.
7) Other than as provided in paragraph (6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
(a) the removal is in the ordinary course of business;
(b) the Trade Fixture has become an integral unnecessary for the Tenant's business or is being replaced by a new or similar Trade Fixture; or
(c) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
8) The Tenant shall, at their own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Premises during the Term and shall repair all damage caused by the installation or the removal or both.
9) The Tenant shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its weight, size or use, damage the Premises or overload the floors of the Premises;
(excepting backup power generators a) and if the Premises are damaged or a UPS system, which overloaded the Tenant shall have restore the right Premises immediately or pay to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole the Landlord the cost and expense. Notwithstanding of restoring 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeasePremises.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. A. (a) Tenant shall make no alterations, additions or improvements to the Premises or any part thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld OR DELAYED. Tenant shall submit any such request to Landlord at least ---------- thirty (30) days prior to the proposed commencement date of such work. Landlord may impose, as a condition to such consent, and at Tenant's Alterations: sole cost, such requirements as Landlord may deem necessary in its judgment, including without limitation, the manner in which the work is done, a right of approval of the contractor by whom the work is to be performed and the times during which the work is to be accomplished, approval of all plans and specifications and the procurement of all licenses and permits. Landlord shall be entitled to post notices on and about the Premises with respect to Landlord's non- liability for mechanics' liens and Tenant shall not make, or suffer permit such notices to be madedefaced or removed. Tenant further agrees not to connect any apparatus, machinery or device to the Building systems, including electric wires, water pipes, fire safety, heating and mechanical systems, without the prior written consent of Landlord. Tenant shall give Landlord at least ten (10) days prior written notice of the expected commencement date of any alteration or addition work related to the Premises so that Landlord may post notices of non-responsibility, if appropriate.
("Alterations")b) All alterations, improvements and additions to the Premises, including, by way of illustration but not by limitation, all counters, screens, grilles, special cabinetry work, partitions, paneling, carpeting, drapes or any other window coverings and light fixtures, shall be deemed a part thereofof the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, without obtaining disturbance or injury at the end of the Lease term, whether by lapse of time or otherwise, unless Landlord's prior written consent and delivering , by notice given to Landlord the proposed architectural and structural plans for all such Alterations at least Tenant no later than fifteen (15) days prior to the start of construction. If such Alterations affect the structure end of the Buildingterm, shall elect to have Tenant additionally agrees to reimburse Landlord its reasonable outremove all or any of such alterations, improvements or additions (excluding non-of-pocket costs incurred movable office walls), and in reviewing Tenant's plans. After obtaining Landlord's consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Leaseevent, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the workpromptly remove, (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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense, such alterations, improvements and additions and restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. Notwithstanding Any such removal, whether required or permitted by Landlord, shall be at Tenant's sole cost and expense, and Tenant shall restore the foregoingPremises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. All movable partitions, machines and equipment which are installed in the Premises by or for Tenant, without expense to Landlord, and can be removed without structural damage to or defacement of the Building or the Premises, and all furniture, furnishings and other articles of personal property owned by Tenant and located in the Premises (all of which are herein called "Tenant's Property") shall be and remain the property of Tenant and may be removed by it at the expiration of the term. However, if any of Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Building or the Premises resulting from such removal.
(c) If Landlord permits persons requested by Tenant to perform any alterations, repairs, modifications or additions to the Premises, then prior to the commencement of any such work Tenant shall 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, public liability insurance and property damage insurance, all in amounts, with companies and on forms satisfactory to Landlord, are in force and maintained by all such contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured and shall provide that the same may not be entitledcanceled or modified without thirty (30) days prior written notice to Landlord.
(d) Tenant, without obtaining Landlord's consentat its sole cost and expense, shall cause any permitted alterations, decorations, installations, additions or improvements in or about the Premises to make Alterations which do be performed in compliance with all applicable requirements of insurance bodies having jurisdiction, and in such manner as not affect to interfere with, delay, or impose any additional expense upon Landlord in the structure construction, maintenance or operation of the Building Building, and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required so as to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at maintain harmonious labor relations in the expiration or earlier termination of the LeaseBuilding.
Appears in 1 contract
Sources: Office Building Lease (Colorado Business Bankshares Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining Landlord's prior written consent and delivering approval, make any alterations, improvements or additions in, on or about the Premises. Any alterations, improvements or additions in or about the Premises that Tenant shall desire to make which require the approval of Landlord shall be presented to Landlord in written form, with proposed detailed plans. If Landlord approves, such approval shall be deemed conditioned on Tenant acquiring a permit from appropriate governmental agencies, the proposed architectural and structural plans for all such Alterations at least fifteen (15) days furnishing of a copy thereof to Landlord prior to the start of construction. If such Alterations affect the structure commencement of the Buildingwork, and compliance in all material respects by Tenant with all conditions of said permit in a prompt and expeditious manner. In the event that Tenant makes any alterations, improvements or additions in or about the Premises, Tenant additionally specifically agrees to reimburse Landlord its reasonable out-of-pocket costs incurred that it shall (i) comply with Legal Requirements in reviewing Tenant's plans. After obtaining Landlord's consentall material respects, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at (ii) maintain all insurance required under the expiration or earlier termination terms of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 be responsible for the work upon completion all aspects of the Alterationsalternations, improvements, or additions to be made in or about the Premises and (iv) indemnify the Landlord as required in Section 6.07. All Alterations Landlord's approval of Tenant's alterations, improvements, or additions in or about the Premises shall be constructed in not constitute Landlord's representation that such work complies with Legal Requirements and both parties agree that Tenant shall remain fully responsible for compliance with all applicable building codes and laws includingthe same.
(b) Tenant shall pay, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Datewhen due, all Alterationsclaims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in, except movable furniture and trade fixtureson or about the Premises, shall become a part of which claims are or may be secured by any mechanics or materialmen's lien against 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, Premises or any other installation which has become an integral part interest therein. Tenant shall give Landlord not less than ten (10) days' notice prior to the commencement of any alterations, improvements or additions in, on or about the Premises (excepting backup power generators or a UPS systemPremises, which Tenant and Landlord shall have the right to remove)post notices of non-responsibility. All Alterations shall be maintainedIf Tenant shall, replaced in good faith, contest the validity of any such lien, claim or repaired by demand, then Tenant shall, at its sole cost expense defend itself and expense. Notwithstanding Landlord against the foregoingsame and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises, on the condition that if Landlord shall require, Tenant shall be entitledfurnish to Landlord a surety bond satisfactory to Landlord indemnifying Landlord against liability for the same and holding the Premises free from the effect of judgment, without obtaining lien or claim. In addition, Tenant shall pay Landlord's consentattorneys' fees and costs.
(c) All alterations, to make Alterations improvements and additions, which do not affect may be made in, on or about the structure Premises, shall become the property of Landlord and remain on and be surrendered with the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above Premises at the expiration or earlier termination of the LeaseTerm. Tenant's machinery and equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant subject to the provisions of paragraph 5.02.
Appears in 1 contract
Sources: Net Lease (WMS Industries Inc /De/)
ALTERATIONS AND ADDITIONS. A. Tenant's AlterationsTENANT'S ALTERATIONS: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereof, without obtaining 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has has: (i) obtained all required governmental approvals and permits; and (ii) provided Landlord 7 days' notice prior to beginning construction so Landlord can post a notice of nonresponsibility. Tenant agrees to 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. Landlord but shall, by written notice to Tenant at the time Landlord's consent to any Alterations is requested, or if no consent is required within ten (10) days after the written request of Tenant, notify Tenant if the Alterations to be constructed shall nevertheless be subject required to removal be removed by Tenant as provided in Section 6 aboveupon the Expiration Date or sooner termination of this Lease. In no event shall the Tenant Improvements be required to be removed. 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove)Premises. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding anything to the foregoingcontrary herein, Tenant shall be entitled, permitted to make nonstructural alterations to the Premises that do not require a governmental permit or approval and do not exceed $15,000.00 per work of improvement without obtaining Landlord's consent, consent but otherwise subject to make 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, however, that: (i) Tenant shall still be required to comply with all other provisions of terms and conditions set forth in this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease7.
Appears in 1 contract
Sources: Sublease (Webex Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not makemake or allow any ------------------------- alterations, additions, or suffer to be made, any alteration improvements of or addition to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's prior written consent consent. Any such alterations, additions or improvements, including but not limited to wall coverings, paneling and delivering built-in cabinet work, but excepting movable furniture and trade fixtures, shall immediately upon installation or construction thereof become a part of the realty, shall belong to Landlord and shall, unless Landlord requests the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to removal thereof in the start of construction. If such Alterations affect manner set forth below, be surrendered with 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 Landlord will require Tenant to remove such Alteration Premises at the expiration or earlier termination of this the Lease. Any alterations, additions or improvements that Tenant desires to make in the Premises shall be presented to Landlord in written form, with proposed working drawings and plans and specifications therefor prepared at Tenant's sole expense. If Landlord consents to any such alterations, additions or improvements by Tenant, they shall be made by Tenant at Tenant's sole cost and expense, and in compliance with all codes, rules and regulations, and any contractor or person selected by Tenant to perform the work shall first be approved of, in writing, by Landlord. All work performed hereunder shall be done at such times and in such manner as Landlord from time to time may designate. Tenant shall not proceed to make such Alterations alterations or additions, after having obtained consent from Landlord to do so, until Tenant has obtained all required governmental approvals and permitsten (10) days from 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 agrees will at all times permit such notices to provide Landlord (i) written notice of be posted and to remain posted until 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 Alterationswork. 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 In performing any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoingwork hereunder, Tenant shall be entitlednot interfere with the proper functioning of any mechanical, without obtaining Landlord's consentelectrical, to make Alterations which do not affect the structure sanitary and other service systems of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted AlterationsService Facilities"); provided, howeverand no construction, that: (i) Tenant improvement, alteration or addition permitted by Landlord hereunder shall still be required to comply interfere with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant free access to Section 6.C. above the Service Facilities. Upon completion of any work hereunder, Tenant, at the expiration or earlier termination of the LeaseTenant's sole cost, shall promptly deliver to Landlord "as-built" plans in mylar form and specifications therefor.
Appears in 1 contract
Sources: Office Lease (Salix Holdings LTD)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining 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 make any alterations, improvements, additions or Utility Installations in, on or about the Premises, except for non-structural alterations not Landlord will require Tenant to remove such Alteration at exceeding Twenty Thousand Dollars ($20,000.00) in cumulative costs during the expiration or earlier termination Term of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 As used in compliance with all applicable building codes and laws including, without limitationthis Paragraph 7.5, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Dateterm "Utility Installations" shall include carpeting, all Alterationswindow coverings, except movable furniture and trade air lines, power panels, electrical distribution systems, lighting 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 systemsspace heaters, air conditioning, wallsplumbing, carpetingand fencing. 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, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half limes 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. Should Tenant make any alterations, improvements, additions or Utility Installations without the prior approval of Landlord, Landlord may require that Tenant remove any or all of the same.
(b) Any alterations, improvements, additions or Utility installations in, or any other installation about the Premises that Tenant shall desire to make and which has become an integral part require the consent of the Premises 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 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
(excepting backup power generators c) Tenant shall pay, when due, all claims for labor or a UPS systemmaterials 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 mechanics' or materialmen's 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 work in or on the Premises, and Landlord shall have the right to removepost 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 , all alterations, 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 maintained, replaced or repaired by Tenant surrendered with the Premises at its sole cost and expensethe expiration of the Term. 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; Paragraph 7.5(d), Tenant's machinery and (ii) such Permitted Alterations are equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination provisions of the LeaseParagraph 7.2.
Appears in 1 contract
Sources: Standard Industrial Lease (Aftermarket Technology Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make7.6.1. Without Landlord's, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereof, without obtaining Master 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed make any alterations, improvements or additions to make the Premises, except for non-permanent changes costing less than Five Thousand Dollars ($5,000) in the aggregate per year. As a condition of consent, Landlord may require that Tenant be responsible to remove any such Alterations until Tenant has obtained all required governmental approvals alterations, improvements or additions at the expiration of the term, and permitsto restore the Premises to the prior condition; Landlord may impose such other conditions as are reasonable. Tenant agrees shall secure all governmental permits required in connection with any such work. Landlord may, at its sole option, require Tenant, at Tenant's expense, to provide obtain for Landlord's benefit a surety bond in an amount equal to the estimated cost of such work, to insure Landlord (i) written notice of and the anticipated Property against any liability for liens arising from such work and actual start-date to insure completion of the work.
7.6.2. Before commencing any work relating to alterations, additions and improvements affecting the Premises (ii) a complete set none of half-size (15" X 21") vellum as-built drawingswhich are required or requested by Landlord, nor any obligation of Tenant under this Lease), Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time to maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises and Landlord from any lien. In any event, Tenant shall pay, when due, all charges incurred by Tenant. Tenant shall not permit any lien to be asserted, against the Premises or Property for any charge incurred or alleged to have been incurred by Tenant, and (iii) a certificate Tenant shall indemnify, defend Landlord against, and hold Landlord harmless from any and all liability, costs, damages therefrom.
7.6.3. Unless Landlord requires removal, as provided elsewhere in this Lease, all alterations, improvements or additions which may be made on the Premises shall become the property of occupancy for Landlord and remain upon and be surrendered with the work upon completion Premises at the expiration of the Alterations. All Alterations shall be constructed in compliance with all applicable building codes and laws includingterm; provided Tenant's machinery, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture equipment and trade fixtures, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall become a part remain the property of Tenant and may be removed by Tenant prior to the end of the realty term of the Lease 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 obligations to maintain the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeasePremises.
Appears in 1 contract
Sources: Sublease Agreement (Amazon Com Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Except for those improvements installed prior to the first anniversary of the Commencement Date and Permitted Alterations (as defined below), Tenant shall not make, or suffer to be made, any alteration or addition to the said Premises ("“Alterations"”), or any part thereof, without obtaining Landlord's prior (i) the written consent of Landlord first had and obtained, which consent shall not be unreasonably withheld or delayed, and (ii) delivering to Landlord the proposed architectural and structural plans plans, if any, for all such Alterations at least fifteen (15) days prior to the start of constructionAlterations. If such Alterations affect the structure of the BuildingAfter having obtained Landlord’s consent, 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant 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 (i) written notice of the anticipated start date and actual start-start date of the work, and (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 buildings 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 abovelaws. Alterations which are not to be deemed as trade fixtures shall include heating, lighting, electrical systems, air conditioning, wallspartitioning, carpeting, or any other installation which has become an integral part of affixed to the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove)Premises. All Alterations shall be maintained, replaced or repaired by Tenant at its 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 be entitledhave the right, without obtaining the prior written consent of Landlord's consent, to make Alterations certain alterations, additions or improvements (the “Permitted Alterations”) which (i) do not affect the structure Building systems or structural components of the Building and (ii) which do not cost more less, on an individual basis, than Seventy One Hundred Fifty Thousand Dollars ($70,000.00) per 150,000), provided that each such Permitted Alteration ("is otherwise performed in accordance with the terms of this Section 10. Ownership of any Alterations, Permitted Alterations"); provided, however, that: (i) Alterations or Tenant Improvements paid for by Tenant shall still be required to comply with all other provisions remain in Tenant throughout the Term of this paragraph; Lease, and (ii) such Permitted Alterations are subject Tenant shall be entitled to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration 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 which, pursuant to the terms of this Lease, are left on the Premises by Tenant. Tenant shall give Landlord at least ten (10) days’ prior written notice of any Alteration or Permitted Alteration so that Landlord can post a notice of non-responsibility with respect thereto.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant Lessee shall not makemake no alterations, additions or suffer to be made, any alteration or addition improvements to the Premises ("Alterations"), or any part thereof, thereof (collectively “Alterations”) without first obtaining Landlord's the prior written consent of the Lessor. All Alterations shall be in accordance with plans and delivering specifications 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 to Landlord the proposed architectural aforesaid consent such additional reasonable requirements as Lessor may deem necessary in Lessor’s sole discretion, including without limitation requirements respecting the manner in which the work is done, Lessor’s right of approval of the contractor by whom the work is to be performed, and structural plans for all such Alterations at least fifteen (15) days the times during which it is to be accomplished. Upon written request of Lessor 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this the Lease, Tenant shall not proceed to make such Lessee will remove any or all Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 installed by or for the work upon completion of the AlterationsLessee. All Alterations not specified to be removed shall at the expiration of earlier termination of the Lease become the property of the Lessor and remain upon and be constructed in compliance surrendered with all applicable building codes and laws includingthe Premises. All movable furniture, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture business and trade fixtures, and machinery and equipment shall become a part remain the property of the realty Lessee and belong to Landlord but shall nevertheless may be subject to removal removed by Tenant as provided in Section 6 abovethe Lessee at any time during the Lease term. Alterations Items which are not to be deemed as movable furniture, business and trade fixtures fixtures, or machinery and equipment shall include heating, lighting, electrical systems, air conditioning, wallspartitioning, carpeting, or any other installation which has become an integral part of the Premises Premises. The Lessee will give the Lessor five (excepting backup power generators or a UPS system, which Tenant shall have 5) business days notice prior to the right commencement of any Alterations work and will at all times permit notices of non-responsibility to remove)be posted and to remain posted until the completion of Alterations. 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseSee Paragraph 38.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: a. Tenant shall not makemake any additions, alterations or suffer to be made, any alteration or addition improvements to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the 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 not be unreasonably withheld or not Landlord will require Tenant to remove delayed. ▇▇▇▇▇▇▇▇'s consent may be conditioned on ▇▇▇▇▇▇'s removing any such Alteration at additions, 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 earlier termination improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel as mutually approved by Landlord and Tenant, and such work shall be diligently prosecuted to completion. Landlord may, at Landlord's option, require that Landlord's contractor supervise and/or perform that portion of any such alteration or additions involving the Building's roof, exterior metal siding and/or stucco surfaces, windows and/or window frames, waterproofing elements associated with any of the above, underground work, landscaping, building entry doors and/or building security system, common area equipment or improvements, and/or any item or element within the Premises building or project subject to a warranty to Landlord.
b. Except as expressly provided for herein, 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 related to such work. 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 which are or become the property of Landlord under this Lease, free and clear of all attachment or judgement liens filed against Tenant. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide give Landlord (i) written notice of the anticipated and actual start-intended commencement date a sufficient time before that date to enable Landlord to post notices 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, nonresponsibility or any other installation notices which has become an integral part Landlord deems necessary for the proper protection of ▇▇▇▇▇▇▇▇'s interest in the Premises (excepting backup power generators Premises, Building or a UPS systemthe Project, which Tenant and Landlord shall have the right to remove). All Alterations shall enter the Premises and post such notices at any reasonable time.
c. Landlord may require, at ▇▇▇▇▇▇▇▇'s sole 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 improvements to be maintained, replaced made in or repaired by Tenant at its sole cost and expense. Notwithstanding to the foregoing, Tenant shall be entitled, without obtaining Landlord's consentPremises, to make Alterations which do not affect the structure protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations")Project free of all liens as set forth in said Section 12b.
d. Unless their removal is required by Landlord as provided in Section 12a, all additions, alterations and improvements made to the Premises shall become the property of Landlord and be surrendered with the Premises upon the expiration of the Term; provided, however, that: (i) Tenant's equipment, machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of Tenant shall still and may be required removed, subject to comply with all other the provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease13b.
Appears in 1 contract
Sources: Multi Tenant Office R&d Building Lease (Protein Polymer Technologies Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first hand 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 Buildingobtained by Tenant, 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Notwithstanding Tenant further covenants and agrees that any mechanic's lien filed against the foregoingPremises or against the Premises or against the complex for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within thirty (30) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost of expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering obtained by Tenant (such consent not 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 Buildingbe unreasonably withheld), 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole Tenant’s own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Notwithstanding Tenant further covenants and agrees that any mechanic’s lien filed against the foregoingPremises for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within ten (10) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 1 contract
Sources: Lease Agreement (Activcard Corp)
ALTERATIONS AND ADDITIONS. A. Tenant▇. ▇▇▇▇▇▇'s Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's prior written consent consent, which shall not be unreasonably withheld, conditioned or delayed, 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 Landlord will require Tenant to remove such Alteration at the 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 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 (if applicable) 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. Prior to the Expiration Date, all Alterations shall remain the property of Tenant. Upon the Expiration Date, all Alterations, except movable furniture and trade fixturesfixtures of the type described on Exhibit 7.A., 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove)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 Building structure of the Building or mechanical systems and which do not cost more than Seventy Two Hundred Fifty Thousand Dollars ($70,000.00250,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) Landlord may elect to have Tenant remove such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease, unless ▇▇▇▇▇▇ has notified Landlord of such Permitted Alterations at least ten (10) days prior to commencing construction and received approval from Landlord that such Permitted Alterations will not be required to be removed at the expiration of the Lease.
Appears in 1 contract
Sources: Lease Agreement (Scios Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Except as set forth in Paragraph 7(b) below, Tenant shall not makemake no alterations, additions or suffer to be madeimprovements in or about the Sublease Premises other than trade fixtures, any alteration or addition removable without injury to the Sublease Premises ("Alterations"), or any part thereof, without first obtaining Landlord's prior written consent the approval of Landlord and delivering to Landlord Overlandlord. In the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior event Tenant shall make permanent improvements to the start demised premises, said improvements shall at the option of construction. If such Alterations affect Landlord (i) become the structure property of Landlord or (ii) be removed by 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 Landlord will require Tenant to remove such Alteration at upon the expiration or earlier termination of this LeaseSublease.
(b) Space permitting, Tenant may construct four (4) shipping doors on the side of the demised premises facing the enclosed security yard. Any and all costs and expense associated with the construction of said doors, including, but not limited to, professional, architectural, landscaping, paving, or masonry costs, shall be paid by the Tenant. Prior to the commencement of any construction, Tenant must submit to Landlord any and all plans, specifications, drawings, and estimates associated with the construction of the doors. Landlord, in its reasonable discretion, shall review and approve said plans, specifications, drawings, and estimates. Landlord shall not proceed to make such Alterations until Tenant has obtained unreasonably withhold or delay its approval of any plans and specifications. All work shall be performed in accordance with all required governmental approvals local, state and permitsfederal building codes. Tenant Upon receipt, review and approval of all documents evidencing the Tenant's cost for the construction of these shipping doors, Landlord agrees to provide Landlord (iTenant a maximum credit towards the Basic Rent due hereunder in an amount equal to the lesser of either a) written notice $50,000; or b) $25,000 plus 330 of the anticipated and actual start-date Tenant's total cost of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy construction for the work upon completion of the Alterationsdoors which exceeds $100,000. All Alterations Said credit shall be constructed paid as follows: For the first $100,000.00 in compliance costs which Tenant can verify and present to Landlord, Landlord shall pay to Tenant, in cash, a sum equal to 25% of said costs. For all costs incurred by Tenant above $100,000.00, Landlord shall provide Tenant with all applicable building codes and laws includinga credit towards Tenant's monthly rental obligations prorated over the three year period of this Sublease, 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 the maximum noted 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasepreceding sentence.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Excepting the supplemental HVAC approved by Landlord pursuant to Schedule 2 to Exhibit B attached hereto, Tenant shall not make, make or suffer to be mademade any non-structural alterations, any alteration additions, or addition improvements (collectively, “Alterations”) to or of the Premises ("Alterations")Premises, or any part thereof, without first obtaining Landlord's prior the written consent and delivering to Landlord of Landlord, which shall not be unreasonably withheld or delayed; provided, however, if the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such 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, 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 Landlord will require Tenant to remove such Alteration at the 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 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 Tenant otherwise complies with the provisions of occupancy for the work upon completion of the Alterationsthis Section. All Alterations shall be constructed in compliance comply with all applicable building codes laws, statutes and laws ordinances, which include, but are not limited to ADA. Any Alterations to or of said Premises, including, without limitationbut not limited to, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Datewall covering, all Alterationspaneling, except 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 but shall nevertheless provide written notice to Tenant prior to the construction of such Alteration whether Tenant will be subject required 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 remove such Alteration and restore the Premises to its original condition upon the expiration of the Premises (excepting backup power generators or a UPS systemTerm. If Landlord so states, which Tenant shall have the right to remove). All Alterations shall be maintainedTenant, replaced or repaired by Tenant at its sole own cost and expenseshall restore the Premises to its original condition upon the expiration of the Term. Notwithstanding Upon Landlord’s approval of the foregoingrequested Alterations, Tenant shall be entitledsecure all necessary permits, without obtaining if applicable. Before Landlord's consent’s consent to such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to make Landlord for review. In no event shall any Alterations which do not 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 do 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 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 expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant, and the cost more than Seventy of updating the existing as-built plans of the Building to reflect the Alterations, not to exceed One Thousand and No/l00ths Dollars ($70,000.001,000.00) in total per Alteration ("Permitted Alterations"); provided, however, that: (i) Alteration. Tenant shall still be required to comply with all indemnify, defend and hold the Landlord, the Building and the Premises free and harmless from any liability, loss, damage, cost, attorneys’ fees and other provisions expenses incurred on account of this paragraph; and such construction, or claims by any person performing work or furnishing materials or supplies for Tenant or any persons claiming under Tenant.
(iib) such Permitted Alterations are Landlord agrees that, subject to removal by Tenant’s compliance with Section 10(a) above, Tenant shall be entitled to install a satellite/microwave dish upon the roof of the Building in a location reasonably acceptable to Landlord and Tenant. Tenant acknowledges that view aesthetics of the Building shall be considered in the placement of such dish. Tenant shall be responsible for the maintenance and repair of such dish and shall remove, at Landlord's election pursuant to Section 6.C. above at Tenant’s cost, such dish from the roof of the Building upon the expiration or earlier termination of the Leasethis Lease and shall repair any damage caused thereby and reseal any roof penetrations.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (1) Tenant shall not makemake no alterations, additions or suffer to be madeimprovements (other than decorating or any other minor, any alteration or addition primarily cosmetic changes) to the Premises ("Alterations"), or any part thereof, thereof without obtaining Landlord's the 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 not be unreasonably withheld. Landlord may condition its consent to any alternations, additions or not improvements upon such reasonable requirements as Landlord will require Tenant may deem necessary in its sole discretion, including without limitation the manner in which the work is done, the right to remove such Alteration at approve the expiration or earlier termination of this Lease, Tenant shall not proceed contractor by whom the work is to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsbe performed, and (iii) a certificate of occupancy for the times during which the work upon completion is to be accomplished.
(2) All alterations and additions to the Premises including, by way of the Alterations. All Alterations illustration but not by limitation, telephone systems, partitions, paneling, fixtures, carpeting, drapes, other window coverings, and light fixtures (but not including movable furniture, personal property or trade fixtures) 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 deemed to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become be a part of the realty real estate and belong to the property of Landlord but and shall nevertheless remain upon and be subject to removal surrendered with the Premises as a part thereof without molestation, disturbance or injury at the end of said term (whether by lapse of time or otherwise) or upon any default.
(3) If Landlord authorizes persons requested by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heatingto perform any alterations, lightingrepairs, electrical systemsmodifications or additions to the Premises, air conditioningthen, walls, carpeting, or prior to the commencement of any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoingsuch work, Tenant shall upon request deliver to Landlord, certificates issued by insurance companies qualified to do business in the State of Colorado evidencing that worker's compensation, liability insurance and property damage insurance, all in amounts, with companies and on forms satisfactory to Landlord, are in 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 entitledcanceled or modified without 10 days' prior written notice to Landlord. Further, without obtaining Landlord's consentTenant 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. All Tenant alterations, repair and maintenance work shall be performed in such a manner as not to make Alterations which do not affect interfere with, delay, or impose any additional expenses upon Landlord in the structure maintenance or operation of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all or upon other provisions tenants use of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at premises in the expiration or earlier termination of the LeaseBuilding.
Appears in 1 contract
Sources: Office Lease Agreement (Pentastar Communications Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, make or suffer to be mademade any alterations, any alteration additions or addition improvements to or of the Premises ("Alterations"), or any part thereof, thereof without obtaining Landlord's the 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 not be unreasonably withheld, conditioned or not Landlord will require Tenant delayed. Any alterations, additions or improvements to remove such Alteration at the 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 provide Landlord (i) written notice of the anticipated and actual start-date of the workPremises, (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 limitationbut not limited to, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Datewall covering, all Alterations, except movable furniture paneling and trade fixturesbuilt-in cabinet work, shall become a part of the realty and belong to the Landlord but upon their installation and shall nevertheless be subject to removal by Tenant surrendered with the Premises, except as provided set forth in Section 6 abovethe last sentence of this Section. Alterations which are not deemed as Any moveable furniture and trade fixtures include heatingshall remain the property of Tenant. Any alterations, lighting, electrical systems, air conditioning, walls, carpeting, additions or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations improvements shall be maintainedmade by Tenant, replaced or repaired by Tenant at its Tenant's sole cost and expense, and Landlord shall have no liability therefor. Notwithstanding the foregoing, Any contractor or person selected by Tenant shall be entitled, without obtaining Landlord's consent, to make Alterations which do not affect the structure of same (including any Tenant Improvements as described in Exhibit “C”) must first be approved in writing by the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); Landlord, provided, however, that: that such approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall be entitled at or prior to the end of the 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 Landlord performance and payment bonds prior to commencement of the work. Tenant will maintain, or will cause the persons performing any such work to maintain, worker's compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and 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 order to make the change, addition or improvement to the Premises. If required by Landlord, Tenant, at its expense, will have promptly prepared and 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 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 written notice to Tenant 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 still not be required to comply with all other provisions of this paragraph; and 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 surrender such Permitted Alterations are subject Wiring to removal 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 the contrary, if Landlord requests Tenant to remove all or a portion of the Wiring and Tenant fails to do so, Landlord may remove 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 Tenant at Landlord's election pursuant to Landlord as a result of such failure by Tenant. Tenant’s obligations under this Section 6.C. above at 8(c) shall survive the expiration or earlier other termination of the Lease.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's ’s Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("“Alterations"”), or any part thereof, without obtaining Landlord's ’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 ’s plans. After obtaining Landlord's ’s consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the 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 provide Landlord 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove)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 ’s consent, to make Alterations which do not affect the structure of the Building and which do not cost more than Seventy One Hundred Thousand Dollars ($70,000.00100,000.00) per Alteration ("“Permitted Alterations"Alteration”); provided, however, that: (i) that Tenant shall still be required to comply with all other provisions of this paragraph; , and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's ’s election pursuant to Section 6.C. 6.C above at the expiration or earlier termination of the Lease. Tenant shall not be required to seek Landlord’s consent with respect to any replacements, modifications, retrofits, or upgrades of Tenant’s equipment, fixtures, and components, provided that any work or installation with respect to the foregoing shall otherwise be carried out in compliance with this Lease.
Appears in 1 contract
Sources: Assignment and Assumption of Lease
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer permit to be made, any alteration alterations, additions or addition improvements (collectively, “Alterations”) to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's the prior written consent of Landlord, such consent not to be unreasonably withheld. Normal repair and delivering maintenance work (including painting and re-carpeting) shall not be deemed to be an Alteration. Landlord shall notify Tenant in writing of Landlord’s approval or disapproval of any proposed Alterations within ten (10) business days after Landlord’s receipt of reasonably detailed plans and specifications for the proposed architectural and structural plans for all Alterations. Landlord’s notice shall also specify whether Tenant will be required to remove any such Alterations at least fifteen (15) days prior to from 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 Landlord will require Tenant to remove such Alteration Premises at the expiration or earlier sooner termination of this Lease, Tenant shall not proceed . Any Alterations to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 Premises shall be constructed at Tenant’s sole cost and expense, in compliance with all applicable building codes Legal Requirements and laws requirements of Landlord, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make such Alterations, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent.
(b) All Alterations, including, without limitationbut not limited to, 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 systemselectrical, air conditioning, wallsfire extinguishers, carpetinglighting fixtures, or any other installation which ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, 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 Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures; provided, however, that any such Alterations (excepting backup power generators or a UPS system, which other than the Tenant shall have the right to remove). All Alterations Improvements) shall be maintained, replaced or repaired subject to removal by Tenant at its sole cost and expensethe expiration or sooner termination of this Lease as provided in Paragraph 11(a) above. Notwithstanding the foregoing, Tenant shall be entitledpermitted to remove any telecommunications and computer-related equipment, including specialized flooring, cabling, and air conditioning equipment (installed by Tenant for the sole purpose of Tenant’s computers and servers) from the Premises if such equipment is paid for by Tenant and not included in a Tenant Improvement Allowance, so long as Tenant repairs any damage caused by such removal.
(c) Subject to the provisions of Paragraphs 11(a) and 11(b) above, including without obtaining Landlord's consentlimitation, Landlords’ review and approval of plans and specifications for any such alterations or improvements, Tenant shall be permitted to make Alterations which do not affect construct certain alterations and improvements to the structure courtyard area of the Building, including connecting walk-ways between the wings of the Building and which do not cost more than Seventy Thousand Dollars to create an enclosed courtyard ($70,000.00) per Alteration ("Permitted Alterations"the “Courtyard Improvements”); provided. If Landlord has so indicated at the time of Landlords’ approval of the Courtyard Improvements, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above remove the Courtyard Improvements at the expiration or earlier sooner termination of this Lease and restore any portion of the Building and/or the Outside Area that is modified by the Courtyard Improvements to their condition existing as of the date of this Lease. Tenant shall complete such restoration in a good and workmanlike manner in compliance with all applicable Legal Requirements.
Appears in 1 contract
Sources: Lease Agreement (Silicon Image Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not makemake any additions, alterations, or suffer to be made, any alteration or addition improvements to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the prior written consent of Landlord. Landlord's consent may be conditioned on Tenant's removing any such additions, alterations or improvements upon the expiration of the Term and delivering to Landlord restoring the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior Premises to the start same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done 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, at Landlord's option, require that Landlord's contractor or Architect supervise and/or perform that portion of construction. If any such Alterations affect the structure of alternation or additions involving the Building's roof, exterior metal siding and/or stucco surfaces, windows and/or window frames, waterproofing any underground work, landscaping, building entry doors and/or building security systems, common area equipment or improvements, and/or any item or element with the Premises, Building or Project subject to a warranty to Landlord.
B. Tenant additionally agrees shall pay the costs of any work done on the Premises pursuant to reimburse Article 12.A., and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord its reasonable out-of-pocket costs free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred in reviewing 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 plans. After obtaining Landlord's consentleasehold interest, and any additions or improvements which consent shall state whether are or not become the property of Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide give Landlord (i) written notice of the anticipated and actual startintended commencement date a sufficient time before that date to enable Landlord to post notices of non-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, responsibility or any other installation notices which has become an integral part Landlord deems necessary for the proper protection of Landlord's interest in the Premises (excepting backup power generators Premises, Building or a UPS systemthe Project, which Tenant and Landlord shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding enter 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.Premises
Appears in 1 contract
Sources: Office R&d Lease (Protein Polymer Technologies Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering obtained by Tenant (such consent not 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 Buildingbe unreasonably withheld), 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 Landlord will require Tenant to remove such Alteration but at the expiration or earlier termination cost of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 drawingsTenant, 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 includingany addition to, without limitationor alteration of, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant as provided in Section 6 aboveto make such alterations and additions. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioningairconditioning, wallsfloor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make such alteration or additions, without having obtained consent from Landlord to do so, and until five (excepting backup power generators 5) days from the receipt of such consent, in order that Landlord may post appropriate notices to avoid any liability to contractors or a UPS systemmaterial 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 shall, which Tenant shall have the right to remove). All Alterations shall be maintainedif required by Landlord, replaced or repaired by Tenant secure at its sole Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for such work. Notwithstanding Tenant further covenants and agrees that any mechanic's lien filed against the foregoingPremises for work claimed to have been done for, Tenant shall or materials claimed to have been furnished to Tenant, will be entitleddischarged by Tenant, without obtaining Landlord's consentby bond or otherwise, to make Alterations which do not affect within ten (10) days after the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedfiling thereof, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant. See Paragraph 46.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall make no alterations, additions or improvements to the Premises or any part thereof without obtaining the prior written consent of Landlord, which shall consent not makebe unreasonably withheld. Landlord may impose, or suffer as a condition to the aforesaid consent, such requirements as Landlord may deem necessary in its reasonable judgment, including without limitation the manner in which the work is done, a right to require Tenant to use Landlord's contractor and the times during which it is to be madeaccomplished. Tenant further agrees not to connect with Building systems, including electric wires, water pipes, fire safety and mechanical systems, any alteration apparatus, machinery or addition device without the prior written consent of Landlord.
(b) All alterations and additions to the Premises ("Alterations"whether performed with or without Landlord's consent as provided herein), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance or any part thereofinjury at the end of said term, without obtaining whether by lapse of time or otherwise, unless Landlord's prior written consent and delivering , by notice given to Landlord the proposed architectural and structural plans for all such Alterations at least Tenant no later than fifteen (15) days prior after Tenant's written request to install any alterations, additions or improvements after the completion of the initial improvements to the start of construction. If such Alterations affect the structure of the BuildingPremises by Landlord, 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 Landlord will require Tenant to remove all or any of such Alteration at the expiration alterations or earlier termination of this Leaseadditions (excluding standard Tenant finish work and non-movable office walls), and in such event, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the workpromptly remove, (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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense, such alterations and additions and restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. Notwithstanding Any such removal, whether required or permitted by Landlord, shall be at Tenant's sole cost and expense, and Tenant shall restore the foregoingPremises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. All movable partitions, trade fixtures, machines and equipment which are installed in the Premises by or for the account of Tenant, without expense to Landlord, and can be removed without permanent structural damage to or defacement of the Building or the Premises, and all furniture, furnishings and other articles of personal property owned by Tenant Tenant: ______ and located in the Premises (all of which are herein called "Tenant's Property"), shall be and remain the property of Tenant and may be removed by it at any time during the term of this Lease. However, if any of Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Building or the Premises resulting from such removal. All additions or improvements which are to be entitledsurrendered with the Premises shall be surrendered with the Premises, without obtaining Landlord's consentas a part thereof, to make Alterations which do not affect at the structure end of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at term or the expiration or earlier termination of the this Lease.
(c) If Landlord authorizes persons requested by Tenant to perform any alterations, repairs, modifications or additions to the Premises, then prior to the commencement of any such work, Tenant shall on request of Landlord deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Michigan evidencing that Workmen's Compensation, public liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in force and effect and maintained by all such 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 same may not be cancelled or modified without thirty (30) days prior written notice to Landlord.
(d) Tenant, at its sole cost and expense, shall cause any permitted alterations, decorations, installations, additions or improvements in or about the Premises to be performed in compliance with all applicable requirements of insurance bodies having jurisdiction, and in such manner as not to interfere with, delay, or impose any additional expense upon Landlord in the construction, maintenance or operation of the Building, and so as to maintain harmonious labor relations in the Building.
Appears in 1 contract
Sources: Office Building Lease (Michigan Heritage Bancorp Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: 1. Tenant shall not make, or suffer permit to be made, any alteration alteration, addition or addition improvement (hereinafter referred to individually as an "Alteration" and collectively as the Premises ("Alterations"), ) to the Premises or any part thereof, thereof without obtaining Landlord's the 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 not be unreasonably withheld, delayed or not conditioned; provided, however, that Landlord will require Tenant shall have the right in its sole and absolute discretion to remove such consent or to withhold its consent to any Alteration at which affects the 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 provide Landlord (i) written notice structural portions of the anticipated and actual start-date of Premises, the workBuilding or the Project or the Systems serving the Premises, (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 Building and/or the AlterationsProject or any portion thereof.
2. All Alterations Any Alteration to the Premises shall be constructed at Tenant's sole cost and expense, in compliance with all applicable building codes Laws and laws all requirements requested by Landlord, including, without limitation, the Americans requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with Disabilities Act 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 deliver plans and specifications therefor to 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 1990 as amended from time to time. Upon the Expiration Date, all such Alterations, except movable furniture to ensure Landlord against any liability for mechanic's and trade fixturesmaterialmen's liens and to ensure completion of work. Before Alterations may begin, shall become a part valid building permits or other permits or licenses required must be finished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the realty Alterations and belong 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 contractors 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 Two Million Dollars ($2,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Two Million Dollars ($2,000,000.00) 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 Five Hundred Thousand ($500,000.00).
3. All Alterations, including, but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include limited to, heating, lighting, electrical systemselectrical, air conditioning, wallsfixed partitioning, carpetingdrapery, or any other installation which 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 (excepting backup power generators or a UPS systemthe Building, which Tenant shall have at once be and become the right to remove)property of Landlord, and shall not be deemed trade fixtures or Tenant's Property. 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 None of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election Improvements constructed pursuant to Section 6.C. above Exhibit "B" nor the Schedule to be attached as "B-1" (the Final Plans") will have to be removed at the expiration or earlier termination of the Lease.
4. 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 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.
5. 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..
6. 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, whether in connection with any Alteration or otherwise, if it is reasonably forseeable that such employment will materially interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Project by Landlord, Tenant or others. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Project immediately.
Appears in 1 contract
Sources: Lease Agreement (Pixelworks Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant Lessee shall not makemake any alterations, improvements, or suffer to be madeadditions in, any alteration on, or addition about, or to the Premises ("Alterations"), or any part thereof, without obtaining Landlordprior written consent of Lessor and without a valid building permit issued by the appropriate governmental authority. However, Lessee shall be permitted to make alterations, improvements or additions to the Premises without Lessor's prior written consent and delivering to Landlord the proposed architectural and structural plans for all consent, but with written notification, if such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations alteration, improvement or addition is less than $10,000 in cost, is nonstructural in nature, does not affect the structure mechanical systems of the Buildingbuilding and does not penetrate the roof membrane. Lessor retains, Tenant additionally agrees at his sole option, the right to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plansretain a General Contractor of his own choosing to perform all repairs, alterations, improvements, or additions in, on, about, or to said Premises or any part thereof. After obtaining Landlord's As a condition to giving such consent, which consent shall state whether or not Landlord will Lessor may require Tenant that Lessee agree to remove any such Alteration alterations, improvements, or additions at the expiration or earlier termination of this Lease, Tenant shall and to restore the Premises to their prior condition. At the time Lessee requests Lessor's approval for any alteration, improvements or addition, Lessee may also request in writing Lessor's decision as to whether or not proceed Lessor will require Lessee to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice remove said improvements at the end of the anticipated and actual start-date of Lease term. Any alteration, addition, or improvement to 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 fixturesPremises, shall become a part the property of Lessor upon installation, and shall remain upon and be surrendered with the Premises at the termination of this Lease. Lessor can elect, however, within thirty (30) days before expiration of the realty and belong term or within five (5) days after termination of the term, to Landlord but require Lessee to remove any alterations, additions, or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall nevertheless be subject restore the Premises to removal the condition designated by Tenant as provided Lessor in Section 6 aboveits election, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, wallspartitioning, electrical signs, carpeting, or any other installation which has become an integral part of the Premises (excepting backup power generators Premises. In the event that Lessor consents to Lessee's making any alterations, improvements, or additions, Lessee shall be responsible for preparing and providing Lessor with a UPS systemnotice of non-responsibility which Lessor shall sign and return to Lessee for posting , which Tenant shall have remain posted until completion of the right alterations, additions, or improvements. Lessee's failure to remove). All Alterations post notices of non-responsibility as required hereunder shall be maintained, replaced or repaired by Tenant at its sole cost and expensea breach of this Lease. Notwithstanding the foregoing, Tenant shall be entitled, without obtaining Landlord's consent, anything to make 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, however, thatcontrary in this Lease: (i) Tenant Alterations constructed in the Premises by Lessee and Lessee's trade fixtures, furniture, equipment and other personal property installed in the Premises ("Lessee's Property") shall still at all times be required and remain Lessee's property, and Lessee shall be entitled to comply all depreciation, amortization and other tax benefits with all other provisions of this paragraphrespect thereto; and (ii) such Permitted Alterations are subject Lessor shall have no lien or other interest whatsoever in any item of Lessee's Property, and shall execute any document reasonably necessary to removal by Tenant at Landlordwaive any lien or interest in Lessee's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseProperty.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition Alterations to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering 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 the proposed architectural and structural plans for all such Alterations at least fifteen Tenant and a fully executed copy delivered by Landlord to Tenant (15) days prior “Consent to the start of constructionAlterations”). If such Alterations affect the structure Any Alteration 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 Landlord will require Tenant to remove such Alteration at the 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 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, Premises except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Any such Alterations shall be paid for one hundred percent (100%) by Tenant. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant to make such Alterations. As a pre-condition to Landlord granting its consent to any Alterations, 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 Landlord an original 1/8” scaled sepia or an other electronic format as provided in Section 6 abovesolely determined by Landlord. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallssecurity systems, floor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, 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 (excepting backup power generators 5) business 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 Alterations. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. As a UPS systemcondition of Landlord’s Consent to Alterations to the Premises, which after Landlord provides written Consent to Alterations and prior to any work commencing on the Alterations, Tenant shall have the right secure and provide to remove). All Alterations shall be maintained, replaced or repaired by Tenant Landlord at its sole Tenant’s own cost and expense, a completion and lien indemnity letters of credit, satisfactory to Landlord in the amount of one hundred twenty-five percent (125%) of the cost to fund the original construction of any Alterations (“Letter of Credit A”) and an additional letter of credit in the amount of one hundred twenty-five percent (125%) of the cost to fund the subsequent cost of the removal of said Alterations and the restoration of the Premises at the Termination Date (“Letter of Credit B”). Notwithstanding the foregoing, Tenant Said performance Letters of Credit shall be entitledkept in place as follows: for Letter of Credit A, without obtaining Landlord's consent, to make Alterations which do not affect for sixty (60) days after the structure completion of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted original construction of said Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and for Letter of Credit B, the later of (iia) such Permitted sixty (60) days after the Termination Date or (b) sixty (60) days after the completion of the restoration work and Tenant has provided Landlord with proof of payment to respective vendors and copies of recorded full unconditional lien release related to the Alterations are subject and/or restoration work. Tenant further covenants and agrees that any mechanic’s lien filed against the Premises for work claimed to removal have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant at Landlord's election pursuant to Section 6.C. above Tenant, by bond or otherwise, within ten (10) days after notice of filing thereof, at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. The Tenant Improvements described in Exhibit B hereto and Tenant's Alterations: Initial Alterations described in Exhibit L hereto are not part of the improvements, alterations and/or additions to which the provisions of Section 11.1 relate. Tenant shall not be permitted to make, or suffer to be madeat its sole cost and expense, any alteration or addition non-structural alterations and additions to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's prior written consent consent, provided the cost of same does not exceed $50,000 each job and delivering to $100,000 cumulatively each calendar year (the "Permitted Improvements"). Tenant, however, shall first notify Landlord of such alterations or additions so that Landlord may post a Notice of Non-Responsibility on the proposed architectural and structural plans for all such Alterations at least fifteen Premises. Within twenty (1520) business days prior to the start of construction. If such Alterations affect the structure Landlord's receipt 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 consentwritten notice of any item comprising the Permitted Improvements, which consent Landlord shall state notify Tenant, in writing, whether or not Landlord will require Tenant to remove such Alteration at item from the Premises upon the expiration or earlier termination of this Lease. Except for the Permitted Improvements, Tenant shall not proceed install any signs, fixtures, improvements, nor make or permit any other alterations or additions to make the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If any such Alterations until alteration or addition is expressly permitted by Landlord, Tenant has obtained 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. In all required events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and permits. Tenant agrees deliver a copy of same to 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 AlterationsLandlord. All Alterations alterations and additions shall be constructed 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 applicable building codes and laws Laws (including, without limitationbut not limited to, the Americans with Disabilities Act ADA as defined herein), Recorded Matters, and Rules and Regulations. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of 1990 as amended from time any work performed, materials furnished or obligations incurred by or on behalf of Tenant. As a condition to time. Upon Landlord's consent to the Expiration Date, all Alterations, except movable furniture and trade installation of any fixtures, shall become a part additions or other improvements, the cost 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy exceeds One Hundred Thousand Dollars ($70,000.00100,000.00), and which work is structural in nature (other than the initial Tenant Improvements and Tenant's Initial Alterations), Landlord may require Tenant to post and obtain a completion and indemnity bond for up to one hundred percent (100%) per Alteration of the cost of the work. Notwithstanding the above, provided that Tenant's General Contractor's financial condition ("Permitted Alterations"); provided, however, that: (iat the time that such alteration or addition is proposed by Tenant) Tenant shall still be required to comply with all other provisions has not materially and adversely changed from its financial condition at the time of execution of this paragraph; and (ii) such Permitted Alterations are subject Lease, then Tenant's General Contractor shall be deemed to removal have been approved by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseLandlord for purposes hereof.
Appears in 1 contract
Sources: Lease Agreement (Webvan Group Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Except as provided in Section 6.6(j), the Tenant shall not makeremove, alter, change or suffer to be madeinstall any Leasehold Improvements or any make any alterations, any alteration additions or addition changes to the Premises exterior of the Building or to the improvements on the Lands ("collectively, “Alterations")”) without, or in any part thereofand every such case, without obtaining having first:
(i) submitted plans and specifications thereof to the Landlord's ; and
(ii) obtained the 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 consentthereto, which consent shall state whether not be unreasonably withheld or not Landlord will require Tenant to remove such Alteration at the 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 provide Landlord delayed.
(ib) 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 done:
(i) in compliance a good and workmanlike manner;
(ii) in accordance with the plans and specifications approved by the Landlord
(iii) at the sole cost of the Tenant;
(iv) in accordance with all applicable building codes and laws Laws; and
(v) with good quality materials.
(c) The Tenant is responsible for all costs incurred by the Landlord (including, without limitation, the Americans fees of architects, engineers and designers) incurred in dealing with Disabilities Act of 1990 as amended from time Tenant’s request for Landlord’s consent to time. Upon the Expiration Date, all any Alterations, except movable furniture whether or not such consent is granted, and in inspecting and supervising any such Alterations. Such costs shall be paid by the Tenant to the Landlord within thirty (30) days following the Tenant’s receipt of an invoice for such costs.
(d) The Tenant shall obtain and pay for all required building and occupancy permits in respect of the Alterations. The Tenant may not commence any Alterations until it has provided the Landlord with copies of all required building permits.
(e) The Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance coverage reasonably required by the Landlord to protect the respective interests of the Landlord and the Tenant during all periods when any Alterations are being performed.
(f) Any and all Leasehold Improvements, excluding the Tenant’s business and trade fixturesfixtures in or upon the Premises, shall become whether placed there by the Tenant or the Landlord or a part previous occupant of the realty Premises, shall, immediately upon such placement, become and belong shall thereafter remain the property of the Landlord without compensation therefor to the Tenant.
(g) Any Alterations made by the Tenant without the prior written consent of the Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations or which are not deemed as trade fixtures include heatingin accordance with the drawings and specifications approved by the Landlord shall, lightingif requested by the Landlord, electrical systemsbe promptly removed by the Tenant at its expense and the Premises restored to their previous condition.
(h) Upon completion of any Alterations, air conditioningthe Tenant shall provide to the Landlord as-built drawings for the Premises and shall secure all applicable statutory declarations and certificates of inspection, wallsapproval and occupancy and provide evidence of same to the Landlord.
(i) Notwithstanding any consents granted by the Landlord to any proposed Alterations, carpeting, or any other installation which has become an integral part such consents relate only to the general acceptability of the Premises proposed Alterations and that by giving such consents, the Landlord shall not be deemed to have any direct or indirect interest, responsibility or liability with respect to such Alterations or the design, installation or maintenance of same or for the payment of same, all of which shall be the sole responsibility of the Tenant.
(excepting backup power generators or a UPS systemj) Notwithstanding anything to the contrary contained in this Section, which the Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant shall be entitledright, without obtaining the need to first obtain the Landlord's consent’s prior consent or approval, to make Alterations which do not affect the structure of install, repair or remove Leasehold Improvements in and to the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted or make any Alterations"); provided, however, thatprovided that such interior repairs or replacements shall not: (iA) Tenant shall still be required require changes to comply with all other provisions of this paragraphthe Structure; and (iiB) such Permitted Alterations are subject to removal by cost in excess of two hundred thousand dollars ($200,000) per Lease Year, and further provided that the Tenant at Landlord's election pursuant to Section 6.C. above at otherwise complies with the expiration or earlier termination terms of the LeaseSections 6.6(b)(i), (iii), (iv) and (v), (d) and (f).
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. 14.1 Except to the extent provided in Sections 18, 19, and 20 and 24 hereof, Tenant may at any time and from time to time during the term of this Lease, and any extension hereof, at Tenant's Alterations: Tenant shall not makeown cost and expense, make or suffer permit to be mademade any alteration, any alteration addition, change or addition improvements of in or to the Leased Premises ("Alterations"), or any building located thereon or any part thereof; provided that:
A. For any alterations, without obtaining 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 additions, changes or improvements involving the structure of the BuildingFacility (including interior walls, 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 load-bearing) involving cost in excess of Fifteen Thousand Dollars ($15,000), the 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 will require plans and specifications, in sufficient detail to reasonably allow Landlord to make a decision with respect thereto, and shall have obtained Landlord's written approval thereof (which 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 deemed to have been approved by Landlord;
(3) Neither Landlord nor the Leased Premises shall be subject to any charge, liability, claim or 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 remove Landlord such Alteration security and assurance of completion for said alterations or changes as shall be commercially reasonable within the industry and reasonably necessary for the particular alterations or changes in question.
B. The following shall be fully observed and performed by the Tenant during the work:
(1) The work involved in any such alteration, change or modification shall be performed with diligence and in a first-class workmanlike manner;
(2) All 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 same; and
(3) Tenant shall procure all necessary permits for the construction of said changes, alterations, or modifications and shall deliver to Landlord a final certificate of occupancy or its equivalent as a condition precedent to the use of the improvements 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), Tenant shall, before the beginning of the eighth month prior to the end of the 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 earlier sooner termination of this Lease, .
14.3 Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice any modification causing a reduction of the anticipated and actual start-date Resident Capacity of the workFacility without prior written approval of Landlord and, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy for upon 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 Facility becoming subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heatinga HUD-insured Mortgage, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.HUD..
Appears in 1 contract
Sources: Lease Agreement (Emeritus Corp\wa\)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereofnot, without obtaining 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 not be unreasonably withheld or delayed), make any alterations, improvements, additions or Utility Installations in, on or about the Premises, except for non-structural alterations not Landlord will require Tenant to remove such Alteration at exceeding Twenty-five Thousand Dollars ($25,000.00) in cumulative costs in any twelve (12) month period, during the expiration or earlier termination Term of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 As used in compliance with all applicable building codes and laws including, without limitationthis Paragraph 7.5, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Dateterm "Utility Installations" shall include carpeting, all Alterationswindow coverings, except movable furniture and trade air lines, power panels, electrical distribution systems, lighting 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 systemsspace heaters, air conditioning, wallsplumbing, carpetingand fencing. 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 unless Tenant obtains Landlord's approval not to require any such removal at time of consent. 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 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. Should Tenant make any alterations, improvements, additions or Utility Installations without the prior approval of Landlord except as permitted as aforesaid, Landlord may require that Tenant immediately remove any or all of the same.
(b) Any alterations, improvements, additions or Utility Installations in, or any other installation about the Premises, that Tenant shall desire to make, and which has become an integral part require the consent of the Premises Landlord as aforesaid, 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 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.
(excepting backup power generators c) Tenant shall pay, when due, all claims for labor or a UPS systemmaterials 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 mechanics' or materialmen's 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 work in or on the Premises, and Landlord shall have the right to remove). All Alterations shall be maintained, replaced post notices of non-responsibility in or repaired on the Premises as provided by Tenant law.
(d) Unless Landlord requires their removal at its sole cost and expense. Notwithstanding the foregoing, Tenant shall be entitled, without obtaining time of Landlord's consent, to make Alterations as set forth in Paragraph 7.5(a), all alterations, improvements, additions and Utility Installations excluding trade fixtures of Tenant), which do not affect may be made on the structure Premises, shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other Term. Notwithstanding the provisions of this paragraph; Paragraph 7.5(d),Tenant's machinery and (ii) such Permitted Alterations are equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises and cannot be restored by Tenant, shall remain the property of Tenant and may be removed by Tenant subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination provisions of the LeaseParagraph 7.2.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer permit to be made, any alteration alteration, addition or addition improvement (hereinafter referred to individually as an "ALTERATION" and collectively as the "ALTERATIONS") to the Premises or any part thereof without the prior written consent of Landlord, 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 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 (collectively, "AlterationsSTRUCTURAL ALTERATIONS"). Landlord shall respond to Tenant's request for consent to any Alterations within five (5) business days after Tenant furnishes Landlord with plans and specifications for such Alterations and other information requested by Landlord with respect thereto. Failure of Landlord to respond within said five (5) business day period shall constitute Landlord's consent to such Alterations, except that, in the case of Structural Alterations desired to be made by Tenant, failure of Landlord to respond within said five (5) business day period shall constitute disapproval of the same. Notwithstanding the foregoing, Tenant shall have the right to make Alterations (specifically excluding, however, Structural Alterations) to the Premises with prior notice to but without the consent of Landlord, provided that such Alterations are constructed and performed in full compliance with the terms of Paragraphs 12(b) through (g) below and do not exceed five thousand dollars ($5,000.00) in cost on an individual basis or fifteen thousand dollars ($15,000.00) in the aggregate over the Term of this Lease (collectively, "PERMITTED ALTERATIONS").
(b) Any Alteration to the Premises shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all requirements reasonably requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, without obtaining 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 prior written consent sole cost and delivering 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 proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of constructionbegin, Tenant will diligently pursue their completion. If such Alterations affect the structure Landlord may monitor construction of the Building, Alterations and Tenant additionally agrees to shall reimburse Landlord for its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the 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 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 costs of any third-party 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 Disabilities Act the Alterations. In addition to and without limitation on the generality of 1990 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, Allegis, Tenant and Landlord's lenders as amended from time to timeadditional insureds. Upon The minimum limit of coverage of the Expiration Dateaforesaid 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, all 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, except movable furniture and trade fixturesincluding, 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 limited to, heating, lighting, electrical systemselectrical, air conditioning, wallsfixed partitioning, carpetingdrapery, or any other installation which wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant (but specifically excluding Non-Permanent Alterations), 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. If requested by Landlord, Tenant will pay, prior to the commencement of construction of any Non-Permanent Alterations, 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.
(excepting backup power generators d) No private telephone systems and/or other related computer or a UPS systemtelecommunications equipment or lines (collectively, "COMMUNICATIONS EQUIPMENT") 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 Communications Equipment which affects the structural portions of the Premises, the Building or the Project. If Landlord gives such consent, all Communications 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. The terms of this Paragraph 12(d) shall be inapplicable to, and the provisions of EXHIBIT B hereto shall govern, any Communications Equipment which is installed in the Premises as part of the Tenant Improvements.
(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 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 has delivered to Landlord at least ten (10) days prior written notice of the date Tenant desires to commence 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. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work.
(g) At the time of requesting Landlord's consent to any Alterations (or, with respect to any Permitted Alterations, at the time of giving notice to Landlord of such Permitted Alterations in accordance with Paragraph 12(a) above), Tenant shall have the right to remove). All request that Landlord inform Tenant whether such Alterations shall be maintainedmay remain in the Premises, 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedor the Project following, howeveror must be removed from the Premises, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the Building or the Project prior to, the expiration or earlier sooner termination of this Lease. Any Alterations that Landlord requires to be so removed shall be referred to herein as the "NON-PERMANENT ALTERATIONS." In the event Tenant constructs or installs any Alterations without making the request on Landlord contemplated under this Paragraph 12(g), or if for any reason whatsoever Landlord does not specifically advise Tenant in writing that any Alterations may remain in the Premises, the Building or the Project following the expiration or sooner termination of the Lease, then such Alterations shall be deemed to be Non-Permanent Alterations for all purposes of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Affymetrix Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer permit to be made, any alteration alteration, addition or addition improvement (hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, provided that it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which conflicts with the Construction Rules and Regulations or which affects 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. Construction Rules and Regulations means Landlord’s standard rules and regulations relating to construction and alterations, as updated and revised from time to time. Notwithstanding the foregoing, Tenant shall have the right to make Alterations to the Premises with prior written notice to, but without the consent of, Landlord, provided that such Alterations ("Alterations"i) do not affect the structural portions of the Building or the Project or the Systems serving the Building and/or the Project, (ii) are “generic” office and R&D improvements (as determined by Landlord in good faith), (iii) consist of improvements and finishes that are similar to, and of equal or higher quality than, the Tenant Improvements, (iv) do not cost in excess of Fifty Thousand Dollars ($50,000.00) to construct and install on an individual basis or in the aggregate during a twelve (12) month period, and (v) are performed in full compliance with the terms of Paragraphs 12(b) through 12(g) below.
(b) Any Alteration to the Premises shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and such reasonable requirements requested by Landlord, including the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, without obtaining and in accordance with plans and specifications approved in writing by Landlord's prior written , and shall be constructed and installed by a contractor reasonably approved in writing by Landlord. As a further condition to giving consent and delivering to any Alterations which will exceed Two Hundred Fifty Thousand Dollars ($250,000), 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 Landlord will may require Tenant to remove 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 Alteration at Alterations, to ensure Landlord against any liability for mechanics’ and materialmen’s liens and to ensure completion of work. Before Alterations may begin, valid building permits or other required permits or licenses required must be furnished to Landlord, and, once the expiration or earlier termination of this LeaseAlterations begin, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals diligently and permitscontinuously pursue their completion and issuance of any final permit and certificate of occupancy, as applicable. Tenant agrees to provide Landlord (i) written notice may monitor construction of the anticipated Alterations and actual start-date of the work, Tenant shall reimburse Landlord for its reasonable costs (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 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 Disabilities Act the Alterations. In addition to and without limitation on the generality of 1990 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 Manager and investment advisor and agent, Tenant, and Landlord’s Property Manager and lenders as amended from time to timeadditional insureds. Upon The minimum limit of coverage of the Expiration Dateaforesaid 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, all 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, 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 including heating, lighting, electrical systemselectrical, air conditioning, wallsfixed partitioning, carpetingdrapery, or any other installation which 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.
(excepting backup power generators d) No private telephone systems and/or other related computer or a UPS systemtelecommunications equipment or lines may be installed without Landlord’s prior written consent, which shall not be unreasonably withheld. 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 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 shall not 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, 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 contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Project by Landlord, Tenant or others. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Project immediately.
(h) At the time of requesting Landlord’s consent to any Alterations, Tenant shall have the right to remove). All request that Landlord inform Tenant whether such Alterations shall may remain in the Premises following, or must be maintainedremoved from the Premises prior to, 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 Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier sooner termination of the this Lease.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not make, or suffer permit to be made, any alteration alteration, addition or addition improvement (hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises ("Alterations"), or any part thereof, thereof without obtaining Landlord's the 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 not be unreasonably withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or not Landlord will require Tenant to remove such withhold its consent to any Alteration at which affects the expiration structural portions of the Premises or earlier termination the Building or the Systems serving the Premises and/or the Building or any portion thereof. Without limiting the foregoing, if the capacity of this Leasethe Server Room HVAC Unit installed in the Premises pursuant to Paragraph 9(a) above is insufficient to meet Tenant’s requirements for the use of the Premises, Tenant shall not proceed have the right to make install a supplemental HVAC unit (“Supplemental HVAC”), subject to Landlord’s approval of such Alterations until Tenant has obtained all required governmental approvals 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 permits. Tenant agrees to provide Landlord (i) written notice expense, without any reimbursement from Landlord, and upon installation the Supplemental HVAC shall become a part of the anticipated Server Room HVAC Unit for all purposes under this Lease other than the definitions of Tenant Improvements and actual start-date of Server Room HVAC Costs set forth in Paragraph 9(a) above.
(b) Any Alteration to 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 Premises shall be constructed at Tenant’s sole cost and expense, in compliance with all applicable building codes Laws and laws all requirements requested by Landlord, including, without limitation, the Americans requirements of any insurer providing coverage for the Premises or the Building or any part thereof, and in accordance with Disabilities Act 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 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, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of 1990 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 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 amended from time Landlord shall reasonably require in connection with the Alterations. In addition to timeand 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, Tenant, any property manager designated by Landlord and Landlord’s lenders as additional insureds. Upon The minimum limit of coverage of the Expiration Dateaforesaid 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, all 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, except movable furniture and trade fixturesincluding, 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 limited to, heating, lighting, electrical systemselectrical, air conditioning, wallsfixed partitioning, carpetingdrapery, or any other installation which 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.
(excepting backup power generators d) No private telephone systems and/or other related computer or a UPS systemtelecommunications equipment, cabling or lines may be installed in the Premises without Landlord’s prior written 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 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 shall have plans to use any high-power usage equipment in the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoingPremises, Tenant shall be entitled, without obtaining obtain the written permission of Landlord's consent, . 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 do not affect 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 structure 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, 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 contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedby Landlord, howeverTenant or others. In the event of any such interference or conflict, that: (i) Tenant Tenant, upon demand of Landlord, shall still be required cause all contractors, mechanics or laborers causing such interference or conflict to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at leave the expiration or earlier termination of the LeaseBuilding immediately.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition Alterations to the Premises ("Alterations")Premises, or any part thereof, without obtaining Landlord's prior the written consent of Landlord first had and delivering 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 the proposed architectural and structural plans for all 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 at least fifteen (15) days prior to the start shall specify whether Landlord shall require removal of constructionsaid Alterations. If such Alterations affect the structure Any Alteration 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 Landlord will require Tenant to remove such Alteration at the 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 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, Premises except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. Any such Alterations shall be paid for one hundred percent (100%) by Tenant. Landlord but shall nevertheless be subject reserves the right to removal approve all contractors and mechanics proposed by Tenant to make such Alterations. As a pre-condition to Landlord granting its consent to any Alterations, 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 an other electronic format as provided in Section 6 abovesolely determined by Landlord. Alterations which are not deemed as Tenant shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallssecurity systems, floor to ceiling partitioning, drapery, carpeting, or any other installation which and floor installations made by Tenant, together with all property that has become an integral part of the Premises Premises, 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 (excepting backup power generators 5) business 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 Alterations. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. As a UPS systemcondition of Landlord’s Consent to Alterations to the Premises, which Tenant shall have after Landlord provides written Consent to Alterations and prior to any work commencing on the right to remove). All Alterations shall be maintainedAlterations, replaced or repaired by Tenant 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 cost 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 to remain at the end of the Lease Term, an additional letter of credit in the amount of one hundred fifty percent (150%) of the cost to fund the subsequent cost of the removal of said Alterations and the restoration of the Premises at the Termination Date (“Letter of Credit B”). Said performance Letters of Credit shall be kept in place as follows: for Letter of Credit A, for sixty (60) 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 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. Notwithstanding anything to the foregoingcontrary, Landlord hereby waives said performance Letters of Credit 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 be entitled, without obtaining Landlord's consent, provide to make 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, however, that: Landlord (i) Tenant shall still be required written proof of full payment to comply with all other provisions the respective vendors for the installation of this paragraphsaid approved security system; and (ii) such Permitted Alterations are subject a full unconditional lien waiver to removal Landlord for the payment of said security system. 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 at Landlord's election pursuant to Section 6.C. above Tenant, by bond or otherwise, within ten (10) days after notice of filing thereof, at the expiration or earlier termination cost and expense of Tenant. Any exceptions to the Leaseforegoing must be made in writing and executed by both Landlord and Tenant.
Appears in 1 contract
Sources: Lease Agreement (Sonics, Inc.)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15a) 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 Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this LeaseExcept as hereinafter expressly provided, Tenant shall not proceed make or permit to make such Alterations until 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 obtained all required governmental approvals fully complied with each and permitsevery 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, one of which copies may be retained by Landlord. Landlord shall be entitled to withhold its consent to any such alterations, additions, changes, or improvements, until such time as Tenant agrees to provide provides Landlord (i) written notice with reasonable evidence of the anticipated approval of such alterations, additions, changes or improvements by any and actual start-date of all municipal, state, federal or other governmental or other authorities, offices and departments now existing or hereafter created having jurisdiction over 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 the Premises (excepting backup power generators or a UPS systemLand, 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 reasonable notice, have the right to remove). All Alterations shall be maintainedenter upon the Land in a reasonable manner and at all reasonable times during the course of any such alterations, replaced additions, changes or repaired by Tenant improvements for the purpose of inspection and of finding out whether such work conforms to the approved plans and specifications and with the agreements herein contained.
(d) Tenant, at its sole own cost and expense. Notwithstanding , will cause any and all mechanics' liens and perfections of the foregoingsame 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 at the Premises, or will bond such mechanics' liens and use its best efforts to have such liens discharged by an order of a court of competent jurisdiction within said ninety (90) day period.
(e) Any alterations, improvements or other work once begun must be prosecuted with reasonable diligence to completion and be paid for by Tenant 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 be entitled, without obtaining Landlord's consent, have no obligation to make Alterations which do not affect any alterations, improvements or modifications to the structure of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the LeaseLand.
Appears in 1 contract
Sources: Ground Lease
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Tenant shall not makemake no alterations, additions or suffer to be made, any alteration or addition improvements to the Premises ("Alterations"), or any part thereof, thereof without obtaining Landlord's the prior written consent of Landlord.
(b) Landlord may impose as a condition to the aforesaid consent such requirements as Landlord may deem necessary in its sole discretion, including without limitation thereto, performing the work itself, specifying the manner in which the work is done, and delivering selecting the contractor by whom the work is to be performed and the limes during which it is to be accomplished. Tenant shall pay to Landlord upon demand an amount equal to the proposed architectural reasonable costs and structural plans expenses for time spent by L▇▇▇▇▇▇▇’s employees or contractors in supervising, approving and administering such alterations.
(c) All such alterations, additions or improvements, all such Alterations at least fifteen (15) days other Above-Standard Improvements, and all work performed under the Work Letter shall be the property of Landlord and shall remain upon and be surrendered with the Premises, unless Landlord upon or prior to the start of construction. If such Alterations affect the structure termination or expiration of the Building, Lease requests in writing that 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 remove all or not Landlord will require Tenant to remove such Alteration at the 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 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 any 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expensesame. Notwithstanding the foregoing, Tenant shall be entitled, without obtaining Landlord's consent, to make Alterations which do not affect the structure as of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions date of this paragraph; Lease Landlord has reviewed and approved Tenant’s Plans attached hereto as Exhibit C for the Suite Improvements and Tenant, except as provided in Subsection 23.1 of this Lease, shall have no obligation to Landlord to remove any of the Improvements shown on Tenant’s Plans.
(iid) such Permitted Alterations are subject to removal All articles of personal property and all business and trade fixtures, machinery and equipment, cabinetwork, furniture and movable partitions owned by Tenant or installed by Tenant at Landlord's election pursuant to Section 6.C. above its expense in the Premises shall be and remain the property of Tenant and may be removed by T▇▇▇▇▇ at any time during the expiration or earlier termination of the LeaseLease term when Tenant is not in default hereunder.
Appears in 1 contract
Sources: Building Lease (Neonode, Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, make any alterations or suffer to be made, any alteration or addition additions to the Premises ("“Alterations"”) without (i) the written consent of Landlord first obtained (which consent shall not be unreasonably withheld, conditioned or delayed), or any part thereof, without obtaining Landlord's prior written consent and (ii) delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to affecting the start of construction. If such Alterations affect the Building structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plansor systems. After obtaining Landlord's ’s consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has 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 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 6 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove)Premises. All Alterations shall be maintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant shall be entitled, entitled without obtaining Landlord's ’s consent, to make Alterations which do not affect the structure of the Building and or which do not cost more than Seventy Five Thousand Dollars ($70,000.0075,000.00) per Alteration ("“Permitted Alterations"”); provided, however, that: (i) 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 (iiexpense. Tenant acknowledges Landlord’s right to and hereby consents to construction of additional building(s) such Permitted Alterations on the land where the Premises are subject to removal located or on adjacent land owned by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.
Appears in 1 contract
Sources: Lease Agreement (Xenoport Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, make or suffer to be mademade any alterations, any alteration additions, or addition improvements (collectively, “Alterations”) to or of the Premises ("Alterations")Premises, or any part thereof, without first obtaining Landlord's prior the written consent and delivering of Landlord, which shall not be unreasonably withheld. Unless otherwise specified by Tenant in writing at the time a request for Alterations is submitted to Landlord the proposed architectural and structural plans for all approved by Landlord at such time in writing, any Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the BuildingPremises, Tenant additionally agrees to reimburse Landlord its reasonable outincluding, but not limited to, wall covering, paneling, and built-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the 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 provide Landlord (i) written notice of the anticipated and actual start-date of the cabinet 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 but excepting movable furniture and trade fixtures, shall on the expiration of the Term 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 heatingLandlord, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations and shall be maintained, replaced or repaired by Tenant at its sole cost and expensesurrendered with the Premises. Notwithstanding the foregoingBefore Landlord’s consent to such Alterations will be given, Tenant shall be entitledsubmit detailed specifications, without obtaining Landlord's consent, floor plans and necessary permits (if applicable) to make Landlord for review. In no event shall any Alterations which do not affect the structure of the Building or its façade without Landlord’s written consent, which consent may be withheld in Landlord’s sole and which do absolute discretion. 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, comply with all applicable laws, statutes and 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, the 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 more than Seventy of the constructing such Alterations does not exceed Twenty Thousand and No/100ths Dollars ($70,000.0020,000.00) per Alteration project in the aggregate, ("Permitted Alterations"); providedii) does not affect the structure or mechanical systems of the Building, however, that: and (iiii) Tenant shall still be required to comply otherwise complies with all other the provisions of this paragraph; Section. Tenant shall indemnify, defend and (ii) 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 Permitted Alterations are subject to removal construction, or claims by any person performing work or furnishing materials or supplies for Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leaseany persons claiming under Tenant.
Appears in 1 contract
Sources: Net Lease Agreement (Singulex Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises after completion of the initial Tenant Improvements ("Alterations"), or any part thereof, without obtaining 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 Landlord will require Tenant to remove such Alteration at the 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 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, 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 (excepting backup power generators or a UPS system, which Tenant shall have the right to remove)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 Seventy One Hundred Thousand Dollars ($70,000.00100,000.00) per Alteration ("Permitted AlterationsAlteration"); provided, however, that: (i) that Tenant shall still be required to comply with all other provisions of this paragraph; , and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. 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 equipment or trade fixtures.
Appears in 1 contract
Sources: Lease Agreement (Abgenix Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, make or suffer to be mademade any structural alterations, any alteration additions, or addition improvements to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the 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 not be unreasonably withheld or not delayed. Tenant’s request for Landlord’s consent with respect to the foregoing shall be accompanied by preliminary plans and working drawings for the requested changes in sufficient detail to allow Landlord will require to reasonably approve the work. Such plans and working drawings shall be deemed approved by Landlord unless Landlord objects to the same within ten (10) days from Landlord’s receipt of the same. Tenant may make non-structural alterations, additions and improvements to remove such Alteration at the expiration or earlier termination of this Lease, Premises without first obtaining Landlord’s consent. Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 with as-built drawingsdrawings for all structural and non-structural alterations, additions and (iii) a certificate of occupancy for the work upon completion of the Alterationsimprovements. All Alterations structural and non-structural alterations, additions and improvements shall be constructed in compliance with all applicable building codes made at Tenant’s sole cost and laws expense and by a contractor or person approved by Landlord. Any alterations, additions or improvements made by Tenant, including, without limitationbut not limited to, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Datewall covering, all Alterationscarpeting, except paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall upon the expiration of the Lease Term become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Any alteration, addition or improvement shall comply with all requirements of all applicable building codes and other laws and regulations, including, but shall nevertheless be subject to removal by Tenant as provided in Section 6 abovenot limited to, the provisions of Americans with Disability Act. 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 (excepting backup power generators or a UPS system, which Tenant shall have in place the right to remove). All Alterations Insurance required by Section 5.2 of this Lease and shall be maintained, replaced require the contractor or repaired contractors employed by Tenant to keep in force during the entire period of any work such public liability insurance as will protect Tenant and Landlord from claims under workmen’s compensation and other employee benefit laws, for bodily injury and death, and for property damage, that may arise out of or in connection with the work. Tenant shall indemnify, defend, and hold harmless Landlord, from and against liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of any claim pertaining to the work, including claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or any person claiming by, through or under Tenant. Unless Landlord and Tenant otherwise agree in writing at its the time an alteration, addition or improvement is made, at Landlord’s election and upon written demand by Landlord, Tenant shall remove any alternations, additions, or improvements made by Tenant and repair all damage caused to the Premises by their removal at Tenant’s sole cost and expense. Notwithstanding the foregoingLandlord hereby acknowledges that, except for Tenant’s “vault room,” which Tenant shall be entitledrequired to remove upon termination of this Lease, without obtaining Landlord's consentall of Tenant’s previously installed alterations, additions and improvements are acceptable to make Alterations which do not affect the structure of the Building Landlord and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) that Tenant shall still not be required to comply with all other provisions remove the same upon termination of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not makemake any alteration, addition or suffer to be made, any alteration utility installation (collectively “Changes” or addition “Tenant improvements”) to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's ’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 Landlord will require Tenant to remove such Alteration at be unreasonably withheld. Notwithstanding the expiration or earlier termination of this Leaseimmediately preceding sentence, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove). All Alterations shall be maintainedmake interior, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding non-structural alterations within the foregoingPremises without Landlord’s approval, Tenant shall be entitled, without obtaining Landlord's consent, to make Alterations which provided that the Changes do not affect the structure of the Building and which do not cost more than Seventy exceed Five-Thousand Dollars ($70,000.005,000) in cost per Alteration project. If Tenant chooses to perform a Change without Landlord’s consent, Landlord shall have the right to require Tenant at Tenant’s sole expense to remove such Change ("Permitted Alterations"); provided, however, that: (i) Tenant shall still and perform such remedial repairs which may be required to comply with all other provisions as a result of this paragraph; and (iisuch removal) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at upon the expiration or earlier termination of the Lease. Prior to commencing to perform work for any Changes, Tenant shall provide Landlord not less than ten (10) days prior written notice specifying the Changes to be performed and the area of the Premises affected by the Changes so that Landlord may post on the Premises appropriate notices of non-responsibility on the Building and Premises. Tenant shall obtain all necessary governmental permits and approvals prior to commencing work for any Changes. Tenant shall comply with all building codes and other Tenant’s Initials 5 Landlord’s Initials LW governmental requirements. All Changes and Tenant Improvements, including, but not limited to, wall and floor coverings and cabinetry, but excluding trade fixtures and furniture, shall become part of the Premises and shall belong to Landlord and, upon expiration of the Lease, shall be surrendered by Tenant to Landlord. Notwithstanding the foregoing, Landlord shall have the right, at the time it provides approval for any proposed Tenant Improvements and/or any proposed Change, to require that Tenant shall remove the same from the Premises, at Tenant’s expense, upon the expiration of the Lease and repair all damage occasioned by such removal. Tenant shall hold Landlord harmless and shall indemnify Landlord from mechanics’ liens and any other liability related to any Changes performed by Tenant.
Appears in 1 contract
Sources: Sublease Agreement (Celladon Corp)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant Lessee shall not make, or suffer to be made, --------------------------- any alteration alterations, improvements, or addition additions in, on, or about, or to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's prior written consent of Lessor, which shall not be unreasonably withheld or delayed, and delivering without a valid building permit issued by the appropriate governmental authority. Lessor retains, at his sole option, the right to Landlord retain a General Contractor of his own choosing 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, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions at the proposed architectural termination of this Lease, and structural plans for all such Alterations to restore the Premises to their prior condition. Upon Lessee's written request, Lessor shall designate, at least fifteen (15) days prior the time that Lessor consents to the start installation of constructionany such alteration, improvement or addition, whether removal of any such alteration, improvement or addition will be required. If such Alterations affect Any alteration, addition, or improvement to the structure Premises, shall become the property 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 Landlord will require Tenant to remove such Alteration at Lessor upon the expiration or earlier termination of the Lease term (except with respect to those items which have been installed at the sole expense of Lessee, which Lessee may remove, provided that Lessee repairs any damage attributable to such removal), and shall remain upon and be surrendered with the Premises at the 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 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 and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, wallspartitioning, electrical signs, carpeting, or any other installation which has become an integral part of the Premises (excepting backup power generators Premises. In the event that Lessor consents to Lessee's making any alterations, improvements, or a UPS systemadditions, Lessee shall be responsible for the timely posting of notices of non-responsibility on Lessor's behalf, which Tenant shall have remain posted until completion of the right alterations, additions, or improvements. Lessee's failure to remove). All Alterations post notices of non-responsibility as required hereunder shall be maintained, replaced or repaired by Tenant at its sole cost and expensea breach of this Lease. Notwithstanding anything to the foregoingcontrary herein, Tenant if, during the term hereof, any alteration, addition, or change of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by law, regulation, ordinance, or order of any public agency, then if such legal requirement is not imposed because of Lessee's specific use of the Premises and is not "triggered" by Lessee's alterations or Lessee's application for a building permit or any other governmental approval (in which instance Lessee shall be entitled, without obtaining Landlord's consent, to make Alterations which do not affect the structure responsible for 100% of the Building cost of such improvement), Lessor shall be responsible for constructing such improvement and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant Lessee shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination responsible for its proportional share of the Leasecost for said improvement, amortized over the useful life of such improvement that coincides with the remaining Lease term including any extensions.
Appears in 1 contract
Sources: Lease (Oratec Interventions Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make(a) All alterations, or suffer to be made, any alteration or addition additions and improvements to the Premises (herein collectively called the "AlterationsLeasehold Improvements"), by Landlord or any Tenant shall become a part thereofof the Premises and the Building and shall be owned by and be the property of Landlord, at the time same are placed in or upon the Premises without compensation to Tenant. Tenant shall not, without obtaining Landlord's the prior written consent of Landlord (which consent Landlord may withhold in its sole discretion), make any changes, modifications, alterations, additions or improvements (other than Tenant's Improvements under the Work Letter) to, or install any equipment or machinery (other than office equipment and delivering to Landlord unattached personal property) on, the proposed architectural and structural plans for Premises (all such Alterations at least fifteen changes, modifications, alterations, additions, improvements (15other than Tenant's Improvements under the Work Letter) days prior are herein collectively referred to the start of construction. If as "Installations") if any such Alterations Installations would (i) affect the structure any structural or load bearing portions of the BuildingComplex, (ii) result in a material increase of electrical usage above the normal type and amount of electrical current to be provided by Landlord, (iii) result in a significant increase in Tenant's usage of heating or air conditioning, (iv) significantly impact mechanical, electrical or plumbing systems in the Premises or the Complex, (v) affect areas of the Premises which can be viewed from Common Areas, (vi) require greater or more difficult cleaning work (e.g., kitchens, reproduction rooms and interior glass partitions), (vii) adversely affect Landlord's ability to deliver services to other tenants of the Complex or (viii) violate any provision of this Lease (all of the foregoing hereinafter called "Structural Installations"). As to Installations not covered by the preceding sentence (hereinafter called "Non-Structural Installations"), Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining will not perform same without the prior written consent of Landlord's consent, which consent shall state whether not be unreasonably withheld or delayed. All Installations shall be at Tenant's sole cost and expense. Without in any way limiting Landlord's consent rights, Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such Installations and approves such contractor's insurance coverage to be provided in connection with the work, (b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency, if any, has approved the plans and specifications for such work. All work performed by Tenant or its contractor relating to the Installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. Upon completion of the Installations, Tenant shall deliver to Landlord "as built" plans. If Landlord performs such Installations, Tenant shall pay Landlord, as additional rent, the cost thereof plus five percent (5%) as reimbursement for Landlord's overhead. Each payment shall be made to Landlord within ten (10) days after receipt of an invoice from Landlord. All Non-Structural Installations shall be removed at the termination of this Lease, as provided in Paragraph 11 unless Landlord agrees in writing at the time of their installation that they do not have to be removed upon the termination of this Lease. Structural Installations shall be removed at the termination of this Lease, as provided in Paragraph 11, except where approved by Landlord without the requirement that such Installations be removed upon termination of this Lease, which requirement will require be made by Landlord, if at all, within ten (10) business days of the time Tenant to remove such Alteration at provides Landlord with written notice and plans for the requested Structural Installation; provided, however, that Tenant shall upon the expiration or earlier termination of this Lease, restore to condition consistent with normal office use any portions of the Premises that had been used for laboratory use as contemplated in Section 1(g) hereinabove. Tenant shall not proceed to make such Alterations until Tenant has obtained indemnify and hold Landlord harmless from and reimburse Landlord for and with respect to, any and all required governmental approvals costs, expenses (including reasonable attorneys' fees), demands, claims, causes of action and permits. Tenant agrees to provide Landlord (i) written notice liens, arising from or in connection with any Installations performed by or on behalf of the anticipated and actual start-date of the workTenant, (ii) a complete set of half-size (15" X 21") vellum as-built drawingsEVEN IF THE SAME IS CAUSED BY THE NEGLIGENCE OR OTHER TORTIOUS CONDUCT OF LANDLORD OR LANDLORD IS STRICTLY LIABLE FOR SUCH COSTS, and (iii) a certificate of occupancy for the work upon completion of the AlterationsEXPENSES OR CLAIMS. All Alterations shall Installations performed by or on behalf of Tenant will be constructed performed diligently and in a first-class workmanlike manner and in compliance with all applicable building codes laws, ordinances, regulations and laws rules of any public authority having jurisdiction over the Complex and/or Tenant's and Landlord's insurance carriers. Landlord will have the right, but not the obligation, to inspect periodically the work on the Premises and may require changes in the method or quality of the work. Any approval by Landlord (or Landlord's architect and/or engineers) of any of Tenant's contractors or Tenant's drawings, plans or specifications which are prepared in connection with any construction of improvements (including without limitation, Tenant's Improvements) in the Premises shall not in any way be construed as or constitute a representation or warranty of Landlord as to the abilities of the contractor or the adequacy or sufficiency of such drawings, plans or specifications or the improvements to which they relate, for any use, purpose or condition. Notwithstanding anything in this Lease to the contrary, Tenant may make minor, non-structural alterations, additions and improvements (that do not significantly affect the Building's mechanical, electrical, HVAC or plumbing systems) to the Premises in the normal course of Tenant's business that cost less than Five Thousand Dollars ($5,000.00) without having to obtain Landlord's prior approval of those alterations, additions or improvements, but with prior notice to Landlord. Landlord hereby reserves the right and at all times shall have the right to repair, change, redecorate, alter, improve, modify, renovate, enclose or make additions to any part of the Complex (including, without limitation, structural elements and load bearing elements within the Americans with Disabilities Act Premises) and to enclose and/or change the arrangement and/or location of 1990 as amended from time to time. Upon driveways or parking areas or landscaping or other Common Areas of the Expiration DateComplex, all Alterationswithout being held guilty of an actual or constructive eviction of Tenant or breach of the implied warranty of suitability and without an abatement of rent (the "Reserved Right"). Without in any way limiting the generality of the foregoing, except movable furniture Landlord's Reserved Right shall include, but not be limited to the right to do any of the following: (i) erect and trade fixturesconstruct scaffolding, shall become a pipe, conduit and other structures on and within and outside of the Premises where reasonably required by the nature of the changes, alterations, improvements, modifications, renovations and/or additions being performed, (ii) perform within and outside of the Premises all work and other activities associated with such changes, alterations, improvements, modifications, renovations and/or additions being performed, (iii) repair, change, renovate, remodel, alter, improve, modify or make additions to the arrangement, appearance, location and/or size of entrances or passageways, doors and doorways, corridors, elevators, elevator lobbies, stairs, toilets or other Common Areas, (iv) temporarily close any Common Area and/or temporarily suspend Complex services and facilities in connection with any repairs, changes, alterations, modifications, renovations or additions to any part of the realty Complex, (v) repair, change, alter or improve plumbing, pipes and belong conduits located in the Complex, including without limitation, those located within the Premises, and (vi) repair, change, modify, alter, improve, renovate or make additions 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 the Complex central heating, lighting, electrical systemsventilation, air conditioning, wallselectrical, carpetingmechanical or plumbing systems. When exercising the Reserved Right, or any other installation which has become an integral part Landlord will interfere with Tenant's use and occupancy of the Premises (excepting backup power generators or a UPS system, which Tenant shall have the right to remove)as little as is reasonably practicable. All Alterations changes, alterations, improvements, modifications, renovations and additions made by Landlord pursuant to the Reserved Right shall be maintained, replaced of comparable or repaired by Tenant at its sole cost and expense. Notwithstanding better quality than the foregoing, Tenant shall be entitled, without obtaining Landlord's consent, to make Alterations which do not affect the structure portion of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); providedComplex being changed, howeveraltered, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration improved, modified or earlier termination of the Leaserenovated.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: (a) Except as provided below, Tenant shall not, without Landlord’s prior written consent, which may be given or withheld in Landlord’s sole discretion, make any alterations, improvements, additions, utility installations or repairs (hereinafter collectively referred to as “Alterations”) in, on or about the Premises or the Project. Alterations shall include, but shall not makebe limited to, the installation or suffer alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, painting, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Landlord shall not unreasonably withhold its consent to be madeTenant making cosmetic, any alteration or addition non-structural alterations (“Cosmetic Alterations”) to the inside of the Premises ("Alterations")e.g., or paint and carpet, communication systems, telephone and computer system wiring) that do not (i) involve the expenditure of more than $10,000 in the aggregate in any part thereofcalendar year, without obtaining Landlord's prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15ii) days prior to the start of construction. If such Alterations affect the structure exterior appearance of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans(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 other tenant of the Project. After obtaining Landlord's consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at At the expiration or earlier termination of this Leasethe term, Landlord may require the removal of any Alterations installed by Tenant and the restoration of the Premises and the Project to their prior condition, at Tenant’s expense. If a work letter agreement is entered into by Landlord and Tenant, Tenant shall not proceed be obligated to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of remove 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 tenant improvements constructed in accordance with the work upon completion letter agreement. If, as a result of the Alterations. All Alterations shall be constructed in compliance any Alteration made by Tenant, Landlord is obligated to comply with all applicable building codes and laws including, without limitation, the Americans with 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 law or regulation and such compliance requires Landlord to make any improvement or Alteration to any portion of the Premises (excepting backup power generators or Project, as a UPS systemcondition to Landlord’s consent, which Tenant Landlord shall have the right to remove)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. All Alterations shall be maintained, replaced or repaired by Should Landlord permit Tenant at to make its sole cost and expense. Notwithstanding the foregoingown Alterations, Tenant shall be entitleduse only such contractor as has been expressly approved by Landlord. In addition, without obtaining Landlord's consentTenant shall pay to Landlord a fee equal to the lesser of (i) the actual amount Landlord pays to its property manager to supervise such Alterations, to make Alterations which do not affect the structure or (ii) three percent (3%) of the Building cost of the Alterations to compensate Landlord for the overhead and which do not cost more than Seventy Thousand Dollars other costs it incurs in reviewing the plans for the Alterations and in monitoring the construction of the Alterations ($70,000.00) per Alteration ("Permitted the “Landlord Fee”). If Landlord incurs architectural, engineering or other consultants’ fees in evaluating such Alterations"), Tenant shall reimburse Landlord for these fees in addition to the Landlord Fee; provided, however, that: that Tenant shall have no obligation to reimburse Landlord for such consulting fees unless Landlord has given Tenant prior written notice that such a consulting fee will be incurred if Tenant proceeds with the Alterations and the estimated amount of such consulting fee. If Tenant proposes Alterations to Landlord but subsequently elects not to construct the Alterations, and Landlord has incurred costs in reviewing Tenant’s proposed Alterations (ie.g., architect’s, engineer’s or property management fees), Tenant shall reimburse Landlord for the costs incurred by Landlord within twenty (20) days after written demand. 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 of this Lease, require that Tenant remove all or part of the Alterations and return the Premises to the 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 approved by Landlord and workers compensation insurance.
(b) 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 Landlord consents to an Alteration, 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.
(c) Tenant shall still 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 required 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 comply with all other provisions Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the amount of this paragraph; 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.
(iid) 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, and Landlord shall have the right to post notices of non-responsibility in or on the Premises or the Project.
(e) All Alterations (whether or not such Permitted Alterations are subject constitute trade fixtures of Tenant) which may be made to removal 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 with new materials satisfactory to Landlord's election , and such Alteration shall be the property 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 6.C. above at 7.3(a). Provided Tenant is not in default, Tenant’s personal property and equipment, other than that which is affixed to the expiration Premises so that it cannot be removed without material damage to the Premises or earlier termination the Project, shall remain the property of Tenant and may be removed by Tenant subject to the Leaseprovisions of Section 7.2(b).
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, make or suffer to be mademade any alterations, any alteration additions or addition improvements to or of the Premises ("Alterations"), or any part thereof, thereof without obtaining Landlord's prior the written consent of Landlord first had and delivering obtained and any alterations, additions or improvements to Landlord the proposed architectural or of said Premises, including, but not limited to, wall covering, paneling 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 outbuilt-of-pocket costs incurred in reviewing Tenant's plans. After obtaining Landlord's consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the 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 provide Landlord (i) written notice of the anticipated and actual start-date of the cabinet 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 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 but and shall nevertheless be subject surrendered with the Premises. In the event Landlord consents to removal the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant as provided in Section 6 aboveat Tenant’s sole cost and expense, and any contractor or person selected by Tenant to make the same must first be approved of writing by the Landlord. Alterations which are not deemed as trade fixtures include heatingUpon the expiration or sooner termination of the term hereof, lightingTenant shall, electrical systemsupon written demand by Landlord, air conditioninggiven at least thirty (30) days prior to the end of the term, wallsat Tenant’s sole cost and expense, carpetingforthwith and with all due diligence remove any alterations, additions, or any other installation which has become an integral part of the Premises (excepting backup power generators or a UPS systemimprovements made by Tenant, which designated by Landlord to be removed, and Tenant shall have the right to remove). All Alterations shall be maintainedshall, replaced or repaired by Tenant forthwith and with all due diligence at its sole cost and expense, repair any damage to the Premises caused by such removal. Notwithstanding Landlord hereby consents to the foregoingTenant Improvements set forth on the space plan on Attachment 1 attached hereto, which shall be at Tenant’s sole cost and expense. In addition, Tenant shall be entitled, may construct nonstructural alterations in the Premises without obtaining Landlord's consent, to make Alterations which do ’s prior approval; provided that (a) the cost of any project does not affect the structure of the Building exceed $5,000.00; and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (ib) Tenant shall still give Landlord prior notice of such improvements as required by Article 11 hereof. Trade fixtures, furniture, equipment and other personal property installed by the Tenant in the Premises (“Tenants Property”) shall at all times be required to comply with and remain Tenant’s property. Tenant may at any time remove Tenant’s Property from the Premises, provided that Tenant repairs all other provisions of damage caused by such removal and Tenant is not then in default under this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Lease.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant Lessee shall not makeinstall any signs, fixtures or suffer to be made, any alteration or addition improvements to the Premises ("Alterations"), or any part thereof, without obtaining Landlord's the 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 consentLessor, which consent shall state whether not be unreasonably withheld or not Landlord will delayed. Lessee shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Lessee. Lessee shall give Lessor ten (10) days' prior written notice of any improvements by Lessee, together with a statement of the cost thereof, to give Lessor the opportunity to post and record a notice of non-responsibility. As a condition to Lessor's consent to the installation of any fixtures or improvements, Lessor may require Tenant Lessee to remove such Alteration at post a completion bond for up to 150% of the expiration or earlier cost of the work. Upon termination of this Lease, Tenant Lessee shall remove any improvements made by Lessee and repair any damage caused by the installation or removal of such signs, fixtures, furniture, furnishings and improvements and leave the Premises in as good condition as they were in at the time of the commencement of this Lease, except for reasonable wear and tear, casualty damage and condemnation. Any work performed at the Building or on the Premises by Lessee or Lessee's contractor in connection with improvements shall be subject to the following additional requirements:
(a) Such work shall not proceed to make such Alterations until Tenant Lessor has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord approved (which approval shall not be unreasonably withheld or delayed) in writing: (i) written notice of the anticipated and actual start-date of the workLessee's contractor, (ii) a the amount and coverage of public liability and property damage insurance, with the Lessor named as an additional insured, carried by Lessee's contractor, (iii) complete set of half-size (15" X 21") vellum as-built drawingsand detailed plans and specifications for such work, and (iiiiv) a certificate of occupancy schedule for the work.
(b) All work upon completion of the Alterations. All Alterations shall be constructed done in compliance conformity with a valid permit when required, a copy of which shall be furnished to Lessor before such work is commenced. In any case, all such work shall be performed in accordance with all applicable building codes and laws includinglaws. Notwithstanding any failure by Lessor to object to any such work, 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 (excepting backup power generators or a UPS system, which Tenant Lessor shall have the right to remove). 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 Landlordno responsibility for Lessee's consent, to make 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, however, that: (i) Tenant shall still be required failure to comply with applicable laws.
(c) All work by Lessee or Lessee's contractor shall be done with union labor in accordance with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject union labor agreements applicable to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration or earlier termination of the Leasetrades being employed.
Appears in 1 contract
Sources: Lease Agreement (Monterey Pasta Co)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")Premises, or any part thereof, without obtaining the written consent of Landlord first had and obtained by Tenant, but at the cost of Tenant; provided however, Tenant shall notify Landlord, but shall not be required to obtain 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 approval of, minor, cosmetic, nonstructural alterations to the start Premises (excluding alterations affecting the Premises or Complex electrical or HVAC systems, fire sprinklers, or life safety, or which involve the movement of construction. If such Alterations affect the structure walls or which require a building permit, all of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant's plans. After obtaining which shall always require Landlord's consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the 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 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 costs of 1990 as amended from time to timewhich do not exceed $5,000.00 for any one such alteration ("Minor Alterations"). Upon Any addition to, or alteration of, the Expiration Date, all AlterationsPremises, except movable moveable furniture and trade fixtures, shall at once become a part of the realty Premises and belong to Landlord. If Landlord but consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall nevertheless be subject made by either Landlord or Landlord's designated contractor at Tenant's sole cost and expense. Notwithstanding anything contained herein to removal the contrary, Landlord shall charge its out of pocket costs for reasonable third party vendors only, for any reasonable supervision, review of plans or other services whatsoever in connection with any leasehold improvement work done in Tenant's Premises. Any modifications to the building or building systems required by governmental code or otherwise as a result of Tenant's alterations, additions or improvements shall be made at Tenant's sole cost and expense. Tenant as provided in Section 6 above. Alterations which are not deemed as shall retain title to all moveable furniture and trade fixtures include placed in the Premises. All heating, lighting, electrical systemselectrical, air conditioning, wallspartitioning, carpetingdrapery, or any other installation which 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 alterations or additions without having obtained consent from Landlord to do so (except for Minor Alterations), 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 improvements. 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 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 (excepting backup power generators 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. TENANT AGREES TO LEASE THE PREMISES IN AN "AS IS" CONDITION, and any alteration or a UPS system, which Tenant shall have modifications to the right to remove). All Alterations Premises shall be maintained, replaced or repaired by Tenant made in accordance with paragraphs 8 & 9 of the Lease and shall not delay the commencement of the Lease nor delay the payment of rent and all such modifications shall be at its Tenant's sole cost and expense. Notwithstanding the foregoingLandlord and Tenant hereby acknowledge that any and all arrangements for Tenant's use of existing furniture, Tenant telephone equipment, computer wiring, or reimbursements or payments for tenant improvements shall be entitledagreed to directly between Tenant and Siebel. Notwithstanding anything herein to the contrary, without obtaining Landlord's consent, to make 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, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant Landlord at Landlord's election pursuant sole cost and expense agrees to Section 6.C. above perform the following Improvements as indicated below:
a) In the event a subsequent tenant is found by Landlord (subject to Tenant's rights under Paragraph 45 below) and/or Siebel Systems, Inc., for that portion of the eighth (8th) floor space not ]eased by Tenant (and designated in green on Exhibit A2), Landlord shall at Landlord's sole cost and expense add a demising wall in the location designated by the blue line. Any modifications to the building necessary to accommodate the installation of the demising wall (for example, recircuiting of lighting, HVAC, firesprinklers, exit corridors or doors, etc) shall also be paid for by Landlord. At such time as Landlord installs the demising walls, Landlord will use commercially reasonable efforts to minimize the disruption to Tenant's conduct of business.
b) Landlord to provide the initial building standard signs for Tenant in the first floor lobby directory, and the eighth (8th) and ninth (9th) floor lobby directories and door signage. All subsequent requests for signs shall be at Tenant's sole cost and expense. As the only tenant on the ninth (9th) floor, Landlord does herein agree to permit Tenant to design a ninth (9th) floor lobby sign plan, at Tenant's sole cost and expense subject to the following conditions:
1) The sign design plan shall be subject to the reasonable written approval of Landlord.
2) Pursuant to Paragraphs 8 & 9 of the Lease Agreement herein, any modifications to any of the elevator lobbies shall be restored by Tenant to the building standard finish upon the expiration or earlier sooner the termination of the Lease.
3) Any sign design plan shall be in compliance with all governmental agencies.
c) Landlord acknowledges that no power or mechanical upgrades are necessary to operate Building life safety systems on the 8th and 9th floors.
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Sources: Lease (Siebel Systems Inc)
ALTERATIONS AND ADDITIONS. A. Tenant's Alterations: Tenant Lessee shall not make, or suffer to be made, any alteration or addition to the Premises ("Alterations")said Premises, or any part thereof, without obtaining Landlord's prior the express, advance 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 consentLessor, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed be unreasonably withheld; any addition or alteration to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to 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 Alterationssaid Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord but shall nevertheless be subject Lessor at the end of the Lease Term or earlier termination of this Lease if Lessee fails to removal by Tenant as provided in Section 6 aboveremove such alterations at the end of the Lease Term or earlier termination of this Lease. Alterations and additions which are not deemed as trade fixtures shall include heatingHVAC systems, lightinglighting systems, electrical systems, air conditioning, wallspartitioning, carpeting, or any other installation which has become an integral part of the Premises 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 (excepting backup power generators or a UPS system, which Tenant shall have 5) days from the right to remove). 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 receipt of such consent, so that Lessor may post appropriate notices to make Alterations which do not affect 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 structure completion of work. At the end of the Building and which do not cost more than Seventy Thousand Dollars ($70,000.00) per Alteration ("Permitted Alterations"); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) such Permitted Alterations are subject to removal by Tenant at Landlord's election pursuant to Section 6.C. above at the expiration 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 allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at the time of approval if Lessor would desire to have such improvements or alterations removed at the end of the Lease Term or earlier termination of this Lease.
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