ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.
Appears in 12 contracts
Sources: Lease Agreement, Lease Agreement (New Abraxis, Inc.), Lease Agreement (APP Pharmaceuticals, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor; any addition or alteration to said Premises, which consent except movable furniture and trade fixtures, shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE 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 LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.
Appears in 5 contracts
Sources: Lease Agreement (Intevac Inc), Lease Agreement (Oni Systems Corp), Lease Agreement (Mission West Properties/New/)
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-air conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, improvements and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term Term, or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, improvements and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, claims or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, additions and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.
Appears in 4 contracts
Sources: Lease Agreement (Abraxis Biosciences, Inc.), Lease Agreement (New Abraxis, Inc.), Lease Agreement (New Abraxis, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor; any addition or alteration to said Premises, which consent except movable furniture and trade fixtures, shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE 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 LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.
Appears in 4 contracts
Sources: Lease Agreement (Radyne Corp), Lease Agreement (Intevac Inc), Standard Form Multi Tenant Lease (Occam Networks Inc/De)
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and (a) Alterations or removal of any fixtures may not be made to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLessor, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, and additions or utility installations to the Premises shall be made in accordance with all applicable laws Premises, excepting movable furniture and shall machinery and trade fixtures, shall, at once when made or installed be deemed to have attached to the freehold and to have Lessor’s option, become the property of LESSOR and shall remain for the benefit of LESSOR at the end part of the Term realty and belong to Lessor upon the expiration or other earlier termination of this Lease. Any However, this shall not prevent Lessee from installing trade fixtures, machinery, or other trade equipment installed in conformance with all applicable ordinances, regulations and laws. Lessee shall keep the Premises, the building in which the Premises are located, and the land on which the Premises are situated free from any liens arising out of any work performed for, material furnished to, or obligations incurred by LESSEE the Lessee. It is further understood and agreed that under no circumstance is the Lessee to be deemed the agent of the Lessor for any alteration, repair, or construction within the Premises, the same being done at the sole expense of the Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to the Lessee for the payment of any charge for work done and materials furnished upon the Premises during the Term Term.
(b) Upon the expiration or sooner termination of the Term, Lessee shall, upon written demand by Lessor, at Lessee’s sole expense, with due diligence, remove any alteration, addition or improvement made by Lessee, designated by Lessor to be removed, and repair any damage to the Premises caused by such removal. Lessee shall at LESSEE’s election remove all of its movable property and trade fixtures which can be removed without damage to the Premises at the expiration or earlier termination of this Lease and shall pay Lessor for all damages from injury to the Premises or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or Project resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancesuch removal.
Appears in 4 contracts
Sources: Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) Lessee shall not, without Lessor’s prior written consent, make any alterations, improvements, additions, or utility installations in, on or about the Premises, except for non-structural alterations not exceeding $1,000.00 in cost. As used in this Paragraph 7.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, Lessor may require Lessee to provide Lessor, at Lessee’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanics’ and material men’s liens and to insure completion of the work. As an additional condition to giving consent Lessor may require all such work be done by contractors hired by Lessor, for which Lessee shall be responsible for all costs.
(b) Lessee shall pay, when due, all claims for labor or material furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims are or may be secured by mechanics’ or material men’s lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days’ notice prior to the commencement of any work in the Premises, and Lessor shall have the right, from time right to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions post notices of non-responsibility in and to or on the Premises that will have no effect on the roof, foundation or other structural elements of the Premises as provided by law.
(the “Building Structure”c) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, additions and additions to the Premises shall utility installations (whether or not such utility installations constitute trade fixtures of Lessee), which may be made in accordance with all applicable laws and on the Premises, shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor and shall remain for upon and be surrendered with the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed Premises at the expiration or termination of the term. Notwithstanding the provisions of this Lease or Paragraph 7.3(c), Lessee’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 at the Premises. In the event property of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify Lessee and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything may be removed by Lessee subject to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations provisions of less than $50,000 in any instanceParagraph 7.2(c).
Appears in 3 contracts
Sources: Lease (Local Matters Inc.), Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.)
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor, which consent shall not be unreasonably withheld; any addition or alteration to said Premises, conditionedexcept movable furniture and trade fixtures, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE 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 LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.
Appears in 2 contracts
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof in excess of $15,000 after completion of Lessee's initial improvements, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor; any addition or alteration to said Premises, which consent except movable furniture and trade fixtures, shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements and all related equipment installed by LESSEE Lessee at or during the Lease Term and Lessee shall at LESSEE’s election be removed return the Premises to the condition that existed before the installation of the special tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable standard Cisco System building alterations and improvements as provided for in Section 2 to remain at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.
Appears in 2 contracts
Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Mission West Properties/New/)
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSOR, which Lessor whose consent shall not be unreasonably withheldwithheld or delayed; any addition or alteration to said Premises, conditionedexcept movable furniture and trade fixtures, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and not prior to five (5) days from the receipt of consent from Lessor to do so, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment installed after the Commencement Date, and any additions or alterations installed by LESSEE Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of such tenant improvements; provided, however, Lessee shall not be required to remove any of Lessee’s Initial Improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease Lease. Subject to the above, Lessee may, without the consent of Lessor, (a) make nonstructural alterations costing up to Twenty Thousand Dollars ($20,000) (b) perform any painting, carpeting or shall remain at other decorative work (regardless of amount) or (c) install data connection cabling, WI-FI Network and other data connections and cabling reasonably necessary for the conduct of Lessee’s business in the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.
Appears in 2 contracts
Sources: Lease Agreement (Ariosa Diagnostics, Inc.), Lease Agreement (Ariosa Diagnostics, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot install any signs, from time to time, without LESSOR’s consent, to make interior alterations, ------------------------- fixtures or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLessor, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements Lessee shall be in accordance permitted to plans add or install tenant fixtures within the Premises up to a value of four thousand dollars ($4,000) per year without Lessor's prior written consent. Lessee shall keep the Premises and specifications prepared 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. As a duly qualified architect condition to Lessor's consent to the installation of any fixtures or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions Lessor may require Lessee to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed post a completion bond for up to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end 150% of the Term or other earlier cost of the work. Upon termination of this Lease. Any equipment installed , Lessee shall remove all signs, fixtures, furniture and furnishings and if requested by LESSEE during Lessor, remove any improvements made by Lessee and repair any damage caused by the Term shall at LESSEE’s election be removed installation or removal of such signs, fixtures, furniture, furnishings and improvements and leave Premises in as good condition as they were in at the expiration or termination time of the commencement of this Lease or Lease, excepting for reasonable wear and tear. Lessor and Lessee agree that Lessee shall remain be allowed to install a small directional sign at the Premisessouthwest corner of the Building, the appearance and size of which shall subject to prior written approval by Lessor which shall not be unreasonably withheld. In The content of the event sign shall be the location of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance"Jetfax Visitor Parking."
Appears in 2 contracts
Sources: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)
ALTERATIONS AND ADDITIONS. LESSEE shall have the rightAll improvements and alterations (collectively, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and “Alterations”) to the Premises that will have no effect on deemed by Lessee to be necessary or desirable in connection with the roof, foundation use of or other structural elements the operation of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to Business at the Premises shall be made performed by Lessee at Lessee’s sole cost and expenses in accordance with all applicable laws the provisions of this Facility Lease; provided, however, that prior to making any Material Alterations, Lessee shall obtain prior written permission from the City Administrator as described in Section 5.2 below for such Material Alterations. Without limiting the foregoing and shall at once when made or installed be deemed to have attached subject to the freehold requirements for Lessor’s permission set forth in Section 5.2, Lessee may make such Alterations to the Premises as Lessee deems necessary in order to comply with Law or to meet operational or licensing standards applicable to the operation of the Business, or Lessee’s use of the Premises, further provided that all such Alterations comply with applicable building codes. Lessee shall keep the Premises free from liens or encumbrances of any nature. Upon the termination of this Facility Lease, all such Alterations, with the exception of Lessee’s Property as set forth in Section 6.1, shall remain in place and to have become the property of LESSOR Lessor; provided, however, so long as no Event of Default (as defined in Section 14.1) exists hereunder and shall remain Lessee is not in default with respect to its obligations under the APA, Lessee may, at any time during the Term, remove any Alteration or fixture made to or installed in the Premises by Lessee for the benefit of LESSOR use at MEH, at the end of MEH Campus (as defined in the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claimsAPA), or damages to either persons at any other medical facility operated by Lessee in the City and Borough of Sitka and any such Alteration or Premises arising out offixture shall become and thereafter remain the property of Lessee upon installation at MEH, the MEH Campus, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancesuch other medical facility.
Appears in 2 contracts
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time not make or allow to time, without LESSOR’s consent, to make interior be made any alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on any part thereof including without limitation, any change in the Building System only after first obtaining appearance or color of Lessee's store front, without the prior written consent of LESSORLessor first had and obtained. Any alterations, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations additions or improvements shall be in accordance to plans or of said Premises, including but not limited to, wall covering, paneling, air conditioning and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvementsheating equipment, and additions to the Premises shall be made built-in accordance with all applicable laws cabinet work, but excepting movable furniture and trade fixtures, shall at once when made or installed be deemed to have attached became a part of the realty and belong to the freehold and to have become the property of LESSOR Lessor and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at surrendered with the Premises. In the event Lessor consents to the making of making such any alterations, improvementsadditions or improvements to the Premises by Lessee, and/or additions as herein providedthe same shall be made by Lessee at Lessee's sole cost and expense. Upon the expiration or sooner termination of the terms hereof, LESSEE shall indemnify Lessee shall, upon written demand by Lessor, given at least thirty (30) days prior to end of the term, at Lessee's sole cost and save harmless LESSOR from expense, forthwith and with all due diligence, remove any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, or improvements made by Lessee, LESSOR INITIAL /S/ LESSEE INITIAL /S/ designated by Lessor to be removed, and improvements. Notwithstanding anything Lessee shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the contrary set forth hereinPremises caused by such removal. At least fifteen (15) days prior to the commencement of any work or construction of any alterations, LESSEE additions, replacements or substantial repairs in or about the Premises, Lessee shall have notify Lessor and/or any party designated by Lessor to receive such notice in writing of the rightintended work and expected data of commencement thereof, without LESSOR’s consent and shall, for and an behalf of Lessor, prepare and post such notices of nonresponsibility and other similar notices as are permitted by 1aw. Lessor may also post any such notices for itself and any other party or approvalparties entitled to the protection afforded by virtue of any such notice. Any work performed by Lessee to or upon the Premises pursuant to this Article shall be under the supervision of a competent architect or competent licensed structural engineer and made in accordance with plans and specifications with. respect thereto, which shall be approved in writing by Lessor before the commencement of work. All such work must be done in good and workmanlike manner strictly in accordance with the laws and ordinances relating thereto. In performing any such work, Lessee shall rot obstruct the access to the premises of any other Lessees in the Shopping Center. Lessor reserves the right to alter and/or remodel the roof, exterior walls including canopy, sign can and parapet of the Premises and/or the sidewalks adjacent to the Premises in connection with any exterior remodeling of the building of which the Premises are a portion, at Lessor's sole cost and expense; and in such event, to make non-structural alterations of less than $50,000 in any instancerequire that Lessee alter and/or replace its exterior building sign with a new sign approved by Lessor.
Appears in 2 contracts
Sources: Shopping Center Lease (Futon World Inc), Shopping Center Lease (Futon World Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term additions, in, on or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at about the Premises, except for non-structural alterations not exceeding $100 in cost. In the event of making As a condition to giving such consent. Landlord may require that Tenant remove any such alterations, improvements, and/or additions or utility installations at the expiration of the term, and to restore the Premises to their prior condition.
(b) Before commencing any work relating to alterations, additions and improvements affecting the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the Premises such notices as herein provided, LESSEE shall indemnify Landlord reasonably deems necessary to protect the Premises and save harmless LESSOR Landlord from any and all expenses, mechanics' liens, claimsmaterialmen's liens or any other liens. In any event, Tenant shall pay, when due, all claims for labor or damages materials furnished to either persons or for Tenant at or for use in the Premises. Tenant shall not permit any mechanics or materialmen's liens to be levied against the Premises arising out offor any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant.
(c) Unless Landlord requires their removal, or resulting from the undertaking or making of said as set forth in Article 7.4(a), all alterations, additionsimprovements or additions which may be made on the Premises, shall become the property of Landlord and improvementsremain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding anything the provisions of this Article 7.4(c), Tenant's machinery, equipment and other trade fixtures other than that which is affixed to the contrary set forth hereinPremises so that it cannot be removed without material damage to the Premises, LESSEE shall have remain the right, without LESSOR’s consent or approval, property of Tenant and may be removed by Tenant subject to make non-structural alterations the provisions of less than $50,000 in any instanceArticle 7.2.
Appears in 2 contracts
Sources: Lease Agreement (Futon World Inc), Lease Agreement (Futon World Inc)
ALTERATIONS AND ADDITIONS. LESSEE 11.1 The Lessee shall have the rightnot make any alterations or additions, from time to time, without LESSOR’s consentwhether structural or otherwise, to make interior the property or to any portion thereof, nor shall the Lessee interfere with the electrical installations other than those provided and approved by the Lessor in writing. The Lessee shall not affix or connect any electric lamps, motors or heaters other than those designed for use for the electric current supplied to the property. Any damage done to the electrical installations shall be rectified by the Lessee at his cost.
11.2 If the Lessor consents, which consent must be in writing, to any alterations, additions or improvements to the property or any portion thereof, ownership of such alterations, improvements and/or or additions immediately vests in the Lessor and to the Premises that will Lessee shall have no effect on the roofright to compensation and any such alteration, foundation addition or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent improvement shall not be unreasonably withheldremoved from the property by the Lessee on termination of the lease agreement or any extended period thereof unless the Lessor gives his written consent to the removal thereof, conditionedin which case the Lessee shall remove the alterations, delayed or denied. All such approved additions, alterations additions or improvements at his own cost and shall return the property to the same condition as existed prior to such alteration, addition or improvement being effected.
11.3 The Lessor may, at his discretion, call upon the Lessee to remove any alterations, additions or improvement to the property effected by him during the currency of the lease agreement or any extension thereof and to reinstate the property to the same good order and condition as existed prior to the alterations, additions or improvements and in the event that the Lessee fails to do so, the Lessor shall be in accordance entitled to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions attend to the Premises removal and reinstatement, the costs whereof shall be made in accordance with for the Lessee’s account.
11.4 The Lessee shall be permitted to drive nails or screws into the walls or ceilings of the property for the purposes of hanging picture frames, mirrors and like hangings during the currency of the lease agreement: Provided however that prior to vacating the property he shall remove all applicable laws such nails and/or screws and shall at once when made make good all walls or installed be deemed to have attached ceilings, reinstating same to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR same condition as existed at the end time of taking occupation of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceproperty.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior -------------------------- alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises that will have no effect on the roofor any part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor, which consent shall not be unreasonably withheldwithheld or delayed, conditionedand without a valid building permit issued by the appropriate governmental authority. Lessor retains, delayed or denied. All such approved additionsat his sole option, alterations or improvements shall be in accordance the right to plans and specifications prepared by retain a duly qualified architect or engineer who shall submit such plans and specifications General Contractor of his own choosing to LESSOR for written approvalperform all repairs, not to be unreasonably withheld, conditioned, delayed or denied. All 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 termination of this Lease, and additions to restore the Premises to their prior condition. Upon Lessee's written request, Lessor shall designate, at the time that Lessor consents to the Premises shall installation of any such alteration, improvement or addition, whether removal of any such alteration, improvement or addition will be made in accordance with all applicable laws and shall at once when made required. Any alteration, addition, or installed be deemed to have attached improvement to the freehold and to have Premises, shall become the property of LESSOR 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 for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election Alterations and additions which are not to be removed at the expiration deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, partitioning, electrical signs, carpeting, or termination any other installation which has become an integral part of this Lease or shall remain at the Premises. In the event of that Lessor consents to Lessee's making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify be responsible for preparing and save harmless LESSOR from any providing Lessor with a notice of non-responsibility which Lessor shall sign and all expensesreturn to Lessee for posting , liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Lessee's failure to post notices of non-responsibility as required hereunder shall be a breach of this Lease. Notwithstanding anything to the contrary set forth herein, LESSEE 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, including without limitation Americans with Disabilities Act (ADA) , 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 have be responsible for 100% of the rightcost of such improvement), without LESSOR’s consent or approvalLessor shall be responsible for constructing such improvement and Lessee shall be responsible for its proportional share of the cost for said improvement, to make non-structural alterations amortized over the useful life of less than $50,000 in such improvement that coincides with the remaining Lease term including any instanceextensions.
Appears in 2 contracts
Sources: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) Lessee shall have the right, from time to timenot, without LESSOR’s consent, to Lessor's prior written consent make interior any alterations, improvements and/or additions improvements, additions, or Utility Installations in, on or about the Premises, except for interior nonstructural alterations not exceeding $500,000 in and cumulative costs or $100,000 with respect to any alteration or related alterations during the Premises that will have term of this Lease. In any event, whether or not in excess of $500,000 in cumulative costs, Lessee shall make no effect on the roof, foundation change or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect alteration to the exterior of the Premises or may have a material adverse effect building(s) on the Building System only after first obtaining the Premises without Lessor's prior written consent except as provided in Paragraph 30. As used in Paragraph 7.5, the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning and plumbing. Lessor may require that Lessee remove any or all of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All said alterations, improvements, additions or Utility Installations at the expiration of the term, and additions to restore the Premises shall be made in accordance with all applicable laws and shall at once when made to their prior condition provided that, prior to making an alteration, improvement, addition or installed be deemed Utility Installation, Lessee may request that Lessor identify which such items Lessor will require Lessee to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed remove at the expiration or earlier termination of this Lease or the Lease; if Lessee makes such a request, Lessor shall remain at provide such identification prior to Lessee's commencement of the Premisesinstallation of the applicable item (and if in response to Lessee's written request, Lessor fails provide such identification with respect to any item, Lessee shall have no obligation to remove such item). In no event shall Lessee be obligated to remove any of the improvements existing in the Premises as of the Effective Date. In the event that Devon Industries, Inc. or a corporation controlling or under common control therewith is no longer the Lessee hereunder due to an assignment of making the Lease, Lessor may require the then Lessee to provide Lessor, at such alterationsLessee'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, and/or additions as herein provided, LESSEE shall indemnify to insure Lessor against any liability for mechanic's and save harmless LESSOR from any materialmen's liens and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from insure completion of the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancework.
Appears in 2 contracts
Sources: Lease (Graphic Controls Corp), Lease (Graphic Controls Corp)
ALTERATIONS AND ADDITIONS. A. LESSEE shall have the right, from time to timenot, without LESSOR’s 'S prior written consent, to make interior any alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, in, on or about the premises, except for nonstructural alterations or improvements shall be not exceeding FIVE THOUSAND DOLLARS ($5,000.00) in accordance cost. As a condition to plans and specifications prepared by a duly qualified architect or engineer who shall submit giving such plans and specifications consent, LESSOR may require that LESSEE agree to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All remove any such alterations, improvements, additions or utility installations at the expiration of the term, and to restore the premises to their prior condition.
B. Before commencing any work relating to alterations, additions and improvements affecting the premises, LESSEE shall notify LESSOR in writing of the expected date of commencement thereof. LESSOR shall then have the right at any time and from time to time to post and maintain on the Premises premises such notices as LESSOR reasonably deems necessary to protect the premises and LESSOR from mechanic's liens, materialmen's liens or any other liens. In any event, LESSEE shall pay, when due, all claims for labor or materials furnished to or for LESSEE at or for use in the premises. LESSEE shall not permit any mechanic's or materialmen's liens to be levied against the premises for any labor or material furnished to LESSEE or claimed to have been furnished to LESSEE or to LESSEE'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 LESSEE.
C. Unless LESSOR requires their removal, as set forth in Article 4-A, all alterations, improvements, or additions which may be made in accordance with all applicable laws and on the premises shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for upon and be surrendered with the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed premises at the expiration or termination of the term. Notwithstanding the provisions of this Lease or Article 4-C, LESSEE'S machinery, 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 remain at the Premises. In the event property of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything may be removed by LESSEE subject to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make nonprovisions of article 4-structural alterations of less than $50,000 in any instance.C.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor; any addition or alteration to said Premises, which consent except movable furniture and trade fixtures, shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE 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 and repair any damage relating to such removal. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease Lease. Notwithstanding the foregoing, Lessee may make alterations (including removal and rearrangement of the prior alterations) which do not affect the building systems, exterior appearance, structural components or shall remain structural integrity, which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor’s prior written consent. Lessee is responsible to deliver at Lessee’s sole cost and expense all as built drawings to Lessor (one set of CAD and one hardcopy), any applicable permits and certificates of occupancy that are issued upon completion of any alteration(s) by Lessee. Lessor has reviewed and approved the Premises. In initial alterations contemplated by Lessee as described on Exhibit E (the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions“Initial Alterations”), and improvementsacknowledges that such Initial Alterations shall not require further approval by Lessor but that Lessee shall deliver to Lessor the CAD and hardcopy of the as built drawings and any permits for such Initial Alterations upon completion thereof, as required above. Notwithstanding anything the foregoing, (i) Lessee shall have no obligation to remove such Initial Alterations upon the expiration of the term hereof or to return the Premises to the contrary set forth condition existing prior to the installation of such Initial Alterations, and (ii) if Lessee exercises its first option to extend the Lease Term, as defined herein, LESSEE shall for an additional sixty (60) months (i.e., months 181 through 240), Lessee will neither have the rightobligation to remove any other alterations or improvements made during the term hereof, without LESSOR’s consent nor return the Premises to the condition that existed before the alterations or approval, to make non-structural alterations installation of less than $50,000 in the improvements completed by Lessee during the Lease Term or any instanceextensions thereof.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) Sublessee shall not, without Sublessor's prior written consent, make any alterations, improvements or additions, in, on or about the Premises, except for nonstructural alterations not exceeding $10,000.00 in costs. As a condition to giving such consent, Sublessor may require that Sublessee remove any such alterations, improvements, additions or utility installations at the expiration of the term, and to restore the Premises to their prior condition.
(b) Before commencing work relating to alterations, additions and improvements affecting the Premises, Sublessee shall notify Sublessor in writing of the expected date of commencement thereof. Sublessor shall then have the right, right at any time and from time to timetime to post and maintain on the Premises such notices as Sublessor reasonably deems necessary to protect the Premises and Sublessor from mechanics' liens or any other liens. In any event, Sublessee shall pay, when due, all claims for labor or materials furnished to or for Sublessee. Sublessee shall not permit any mechanics' or materialmen's liens attached or levied against the Premises for any labor or material furnished to Sublessee or claimed to have been furnished to Sublessee or to Sublessee'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 Sublessee.
(c) Unless Sublessor requires their removal, as set forth in Article 6.4(a), all alterations, improvements, or additions which may be made on the Premises, shall become the property of Sublessor and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this Article 6.4(c), Sublessee's machinery and equipment, other than that which is affixed to the Premises so that it cannot be removed without LESSOR’s consentmaterial damage to the Premises or which is subject to this Sublease as of the beginning of the term hereof, shall remain the property of Sublessee and may be removed by Sublessee subject to the provisions of Article 6.2.
(d) Notwithstanding any of the foregoing, Sublessee shall not make interior any alterations, improvements and/or or additions in and to that would change the Premises that will have no effect on the roof, foundation or other structural elements character of the Premises (as a "project" under the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions Enabling Law or that would adversely affect the exterior utility of the Premises or substantially reduce its value or that would adversely affect the ability of Sublessor or any other third party from continuing to use the Premises in the manner they were being used as of the beginning of the term hereof.
(e) Notwithstanding any of the foregoing, Sublessee may have a material adverse effect on the Building System only after first obtaining not remove any item of Equipment for any reason without the prior written consent of LESSOR, Sublessor which consent shall not may be unreasonably withheldgiven or withheld in Sublessor's sole discretion, conditionedexcept as follows: If the Sublessor determines that any item of Equipment has become damaged or obsolete, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvementsthe purposes permitted herein, and additions Sublessor concurs in that determination, the Sublessee may remove such Equipment from the Improvements or the Site and (on behalf of Sublessor, in the case of Equipment that is not subject to the Premises shall be made Lease Agreement, or the Issuer, in accordance with all applicable laws and shall at once when made or installed be deemed to have attached the case of Equipment that is subject to the freehold Lease Agreement) sell, trade in, exchange or otherwise dispose of it without any responsibility or accountability to the Sublessor, the Issuer or the Trustee therefor, provided that the Sublessee shall substitute and install in or on the Site other personal property or fixtures which shall (1) have equal or greater utility in the operation of the Premises for purposes permitted herein, (2) be free of all liens or encumbrances reasonably acceptable to have become the Trustee in the case of Equipment that is subject to the Lease Agreement or to the Sublessor in the case of Equipment that is not subject to the Lease Agreement, (3) be the sole property of LESSOR and shall remain for the benefit of LESSOR at Issuer, subject to the end demise of the Term or other earlier termination Lease Agreement, in the case of this Lease. Any equipment installed by LESSEE during Equipment that is subject to the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claimsAgreement, or damages of the Sublessor in the case of Equipment that is not subject to either persons or Premises arising out ofthe Lease Agreement, or resulting from (4) be held by the undertaking or making of said alterations, additionsSublessee as leased equipment under this Sublease on the same terms and conditions as the items originally comprising the Equipment, and improvements. Notwithstanding anything to (5) not impair the contrary set forth herein, LESSEE shall have Premises or change the right, without LESSOR’s consent or approval, to make non-structural alterations nature of less than $50,000 in any instancethe operation of the Premises as a "project" under the Enabling Law.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE (a) Photronics shall have the right, from time to timenot, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORMicron, which consent shall not unreasonably be unreasonably withheldwithheld or delayed so long as same is not reasonably anticipated to interfere with Photronics' continuous operations and satisfaction of its Capacity Commitment, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All make any alterations, improvements, and remodeling or additions (collectively, "Alterations") to the Premises Premises. Notwithstanding the foregoing, any Alteration which does not affect (i) any structural elements of the Building, (ii) any mechanical, electrical or plumbing systems of the Building, (iii) the "Clean Room" or any support systems or facilities therefor (i.e. only impact the "office" portion of the Building), and (iv) are commercially reasonably estimated to cost [****] for all work pertaining to such Alteration and such Alteration does not otherwise affect the matters set forth in (i), (ii), or (iii) above (the "Permitted Alterations"), may be performed upon seven (7) days' prior written notice to Micron. All Alterations made by Photronics shall be made done with diligence, in accordance a good and workmanlike manner, consistent with the construction quality of Micron's Work and in compliance with all applicable laws Applicable Laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination requirements of this Lease. Any equipment installed The cost of any Alterations shall be paid or discharged by LESSEE during Photronics so that the Term Premises and all leasehold improvements thereon shall at LESSEE’s election all times be removed at the expiration or termination free of this Lease or liens resulting therefrom. Photronics shall remain at the Premises. In the event supply to Micron, promptly upon completion thereof, a set of making such alterations, as-built drawings therefor on mylar for all Alterations.
(b) Other than leasehold improvements, and/or additions as herein providedall installations by Photronics, LESSEE shall indemnify and save harmless LESSOR from any including Mask Shop Equipment and all expenses, liens, claims, other personal property of Photronics placed in or damages on the Premises are herein referred to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceas "Photronics' Property." All Photronics Property shall
Appears in 1 contract
Sources: Build to Suit Lease (Photronics Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term additions, in, on or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at about the Premises, except for non-structural alterations not exceeding $1,000 in cost. In the event of making As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improvements, and/or additions or utility installations at the expiration of the term, and to restore the Premises to their prior condition.
(b) Before commencing any work relating to alterations, additions and improvements affecting the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the Premises such notices as herein provided, LESSEE shall indemnify Landlord reasonably deems necessary to protect the Premises and save harmless LESSOR Landlord from any and all expenses, mechanics' liens, claimsmaterialmen's liens or any other liens. In any event, Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises. Tenant shall not permit any mechanics, or damages materialmen's liens to either persons be levied against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises arising out ofby or at the direction of Tenant.
(c) Unless Landlord requires their removal, or resulting from the undertaking or making of said as set forth in Article 7.4 (a), all alterations, additionsimprovements or additions which may be made on the Premises, shall become the property of Landlord and improvementsremain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding anything the provisions of this Article 7.4(c), Tenant's machinery, equipment and other trade fixtures other than that which is affixed to the contrary set forth hereinPremises so that it cannot be removed without material damage to the Premises, LESSEE shall have remain the right, without LESSOR’s consent or approval, property of Tenant and may be removed by Tenant subject to make non-structural alterations the provisions of less than $50,000 in any instanceArticle 7.2.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time not make or suffer to time, without LESSOR’s consent, to make interior be made any alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on any part thereof without the Building System only after first obtaining the prior written consent of LESSORLessor first had and obtained. Any alterations, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements to or of said Premises, including but not limited to, partitions, carpeting, wall covering, paneling, and built-in cabinet work, but excepting moveable furniture and trade fixtures, shall on the expiration of the term become a part of the realty and belong to the Lessor and shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance surrendered with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event Lessor consents to making of making such any alterations, improvementsadditions or improvements to the Premises by Lessee, and/or additions as herein providedthe same shall be made by Lessee at Lessee's sole cost and expense and any contractor or person selected by Lessee to make the same must first be approved of in writing by the Lessor. Upon the expiration of or sooner termination of the term hereof, LESSEE shall indemnify Lessee shall, upon written demand by Lessor, given at least thirty (30) days prior to the end of the term, at Lessee's sole cost and save harmless LESSOR from expense, forthwith and with all due diligence remove any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, or improvements made by Lessee, designated by Lessor to be removed, and improvements. Notwithstanding anything Lessee shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent Premises or approval, to make non-structural alterations of less than $50,000 in any instancedecoration caused by such removal. SEE ADDENDUM.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE (a) The Lessee shall have the right, from time to timenot, without LESSOR’s the Lessor's prior written consent, to make interior any alterations, improvements improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed TEN THOUSAND DOLLARS ($10,000); or such work is for flooring and/or additions painting in and the Premises, in which case Lessee shall be required to provide written notice to Lessor describing the scope of the work at least 10 days prior to the Premises that commencement of such work by Lessee. For all work, and if applicable, the Lessee will have no effect provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Paragraph 6.3, the term "utility installations" shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent to Lessee’s requested alteration, the Lessor, subject to the provisions set forth in Section 22 of this Lease in connection with Lessee’s installation of any HVAC units on the roof, foundation or other structural elements of may require in writing at that the Premises time Lessor provides its approval that the Lessee (the “Building Structure”i) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All agree to remove any such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition and/or (ii) provide the Lessor, at the Lessee's sole cost and expenses, a lien and completion bond in an amount equal to one (1.0) times the estimated cost of such improvements to the extent such costs exceed the sum of $100,000, to insure the Lessor against any liability for mechanics' and materialmen's liens and to insure completion of work. Notwithstanding anything to the contrary contained herein, Lessee shall have no obligation to remove or restore at the Expiration Date or early termination of this Lease any alterations constructed by Lessee in the Premises that are considered typical office improvements in nature such as offices, conference rooms and storage rooms.
(b) All alterations, improvements and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to performed by the freehold and to have become the property of LESSOR and shall remain Lessor's contractor for the benefit of LESSOR at the end of the Term Project or other earlier termination of this Leaselicensed contractor approved by the Lessor, which approval shall not be unreasonably withheld, delayed or conditioned. Any equipment installed by LESSEE during The Lessee shall pay, when due, any claims for labor or materials furnished to or for the Term shall Lessee at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at for use in the Premises. In , which claims are or may be secured by any mechanics' or materialmen's lien against the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from Premises or any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additionsinterest therein, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE Lessor shall have the right, without LESSOR’s consent or approval, right to make post notices of non-structural alterations of less than $50,000 responsibility in any instanceor on the Premises as provided by law.
Appears in 1 contract
Sources: Commercial Lease (Resonant Inc)
ALTERATIONS AND ADDITIONS. LESSEE 23.1 The Lessee shall have not without the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORthe Landlord make any alterations or improvements to the Premises.
23.2 The Lessee understands that the Landlord lets the Premises in the condition they are in on the Commencement Date and whilst the Landlord may consent to the Lessee making improvements to the Premises, which consent the Landlord does so at the Lessee's instance and request and on the basis that it is the Lessee who wishes to enhance his enjoyment of the Premises. Therefore, the Landlord shall not be unreasonably withheldobliged to pay any compensation to the Lessee for such improvements, conditionedwhether the improvements are made with or without the Landlord's consent.
23.3 To the extent that the improvements can be removed without in any way damaging the Premises, delayed or denied. All such approved additions, alterations or improvements then the Lessee shall be in accordance entitled to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedremove the improvements. All alterations, improvements, and additions to Should removal of the improvements potentially damage the Premises in any way, then the Lessee will not be entitled to remove the improvements and they shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and the Landlord upon the termination of the Lease.
23.4 Notwithstanding the above, the Landlord shall remain for be entitled to demand that any improvement or addition made by the benefit of LESSOR Lessee to the Premises be removed by the Lessee at the end Lessee’s expense on the termination of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term The Lessee shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify his own expense and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have satisfaction of the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLandlord repair all damage and/or defects caused by such removal.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to (a) Lessee may not make interior any alterations, improvements and/or improvements, or additions in, on or about the Premises; except for non-structural alterations of less am $25,000.00 in and to cumulative costs during any calendar year during the Premises that will have no effect on the roofterm of this Lease, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after unless it first obtaining obtains the prior written consent of LESSOR, Lessor which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements withheld and which shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All delivered within five (5) business days.
(b) Any alterations, improvements, and additions to in, or about the Premises that Lessee shall desire to make and which requires the consent of the Lessor shall be made presented to Lessor in accordance written form, with proposed detailed plans.
(c) Lessee shall pay, when due, all applicable laws claims for labor or materials furnished to or for Lessee 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, and shall give written notice of such claims to Lessor within three days of Lessee's receipt of same. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall at once when its sole expense defend itself and Lessor 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 surety bond reasonably 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.
(d) All alterations or improvements which may be made or installed be deemed to have attached to on the freehold and to have Premises, shall become the property of LESSOR Lessor and shall remain for upon and be surrendered with the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed Premises at the expiration or termination of the Term. Notwithstanding the provisions of this Lease or Paragraph 7.5(d), Lessee'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 at the Premises. In the event property of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify Lessee and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything may be removed by Lessee subject to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations provisions of less than $50,000 in any instanceParagraph 7.2.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior any alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises that will have no effect on the roofor any part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor, which consent shall not be unreasonably withheldwithheld or delayed, conditionedand without a valid building permit issued by the appropriate governmental authority. However, delayed or denied. All such approved additions, alterations or improvements Lessee shall be permitted to make alterations, improvements or additions to the Premises without Lessor's prior written consent, but with written notification, if such alteration, improvement or addition is less than $50,000 in accordance cost in each instance, is nonstructural in nature, does not affect the mechanical and electrical systems of the building and does not penetrate the roof membrane. Lessor retains, at his sole option, the right to plans and specifications prepared by retain a duly qualified architect or engineer who shall submit such plans and specifications General Contractor of his own choosing to LESSOR for written approvalperform all repairs, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, or additions in, on, about, or to said Premises or any part thereof, provided that Lessor's contractor is competitive in its costs and can perform the repair, alteration, improvement or addition in a timely manner. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions at the termination of this Lease, and to restore the Premises to their prior condition, provided that in no event shall the Tenant Improvements be made required to be removed by Lessee. At the time Lessee requests Lessor's approval for any alteration, improvements or addition, Lessee may also request in accordance with all applicable laws and shall at once when made writing Lessor's decision as to whether or installed be deemed not Lessor will require Lessee to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR remove said improvements at the end of the Term Lease term. Any alteration, addition, or other improvement to the Premises, shall become the property of Lessor upon expiration or earlier termination of this Lease. Any equipment installed by LESSEE during , and shall remain upon and be surrendered with the Term shall at LESSEE’s election be removed Premises at the expiration or termination of this Lease Lease. Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, partitioning, electrical signs, carpeting, or shall remain at any other installation which has become an integral part of the Premises. In the event of that Lessor consents to Lessee's making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify and save harmless LESSOR from any and all expensesbe responsible for the timely posting of notices of non-responsibility on Lessor's behalf, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Lessee's failure to post notices of non-responsibility as required hereunder shall be a breach of this Lease. Notwithstanding anything to the contrary set forth herein, LESSEE 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 have be responsible for 100% of the rightcost of such improvement), without LESSOR’s consent or approvalLessor shall be responsible for constructing such improvement and Lessee shall be responsible for its proportional share of the cost for said improvement, to make non-structural alterations amortized over the useful life of less than $50,000 in such improvement that coincides with the remaining Lease term including any instanceextensions.
Appears in 1 contract
Sources: Lease (Packeteer Inc)
ALTERATIONS AND ADDITIONS. LESSEE 25.1 The Lessee shall have not without the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORthe Landlord make any alterations or improvements to the Premises.
25.2 The Lessee understands that the Landlord lets the Premises in the condition they are in on the Commencement Date and whilst the Landlord may consent to the Lessee making improvements to the Premises, which consent the Landlord does so at the Lessee's instance and request and on the basis that it is the Lessee who wishes to enhance his enjoyment of the Premises. Therefore, the Landlord shall not be unreasonably withheldobliged to pay any compensation to the Lessee for such improvements, conditionedwhether the improvements are made with or without the Landlord's consent.
25.3 To the extent that the improvements can be removed without in any way damaging the Premises, delayed or denied. All such approved additions, alterations or improvements then the Lessee shall be in accordance entitled to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedremove the improvements. All alterations, improvements, and additions to Should removal of the improvements potentially damage the Premises in any way, then the Lessee will not be entitled to remove the improvements and they shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and the Landlord upon the termination of the Lease.
25.4 Notwithstanding the above, the Landlord shall remain for be entitled to demand that any improvement or addition made by the benefit of LESSOR Lessee to the Premises be removed by the Lessee at the end Lessee’s expense on the termination of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term The Lessee shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify his own expense and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have satisfaction of the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLandlord repair all damage and/or defects caused by such removal.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. LESSEE Section 8.01. The Lessee shall have the rightnot make any alterations or additions, from time to time, without LESSOR’s consentstructural or non-structural, to make interior alterations, improvements and/or additions in and to the Demised Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSOR, Lessor on each occasion which consent shall not be unreasonably withheld. Wherever consent is required, conditioned, delayed or deniedit shall include approval of plans and contractors. All such approved additionsallowed alterations, alterations or improvements including reasonable costs of review in seeking Lessor’s approval, shall be made at Lessee’s expense, in compliance with all laws, and shall be in accordance quality at least equal to plans the present construction. Except as set forth below, any alterations or additions made by the Lessee which are permanently affixed to the Demised Premises or affixed in a manner so that they cannot be removed without defacing or damaging the Demised Premises shall, if Lessor so elects, become property of the Lessor at the termination of occupancy as provided herein. If Lessor elects not to retain such alterations or additions, upon termination of this Lease, Lessee, shall remove them at its expense, with minimal disturbance to the Demised Premises. Alterations or additions not affixed and specifications prepared which may be removed with minimal disturbance or repairable damage may be removed by Lessee provided such disturbance or damage is restored and repaired so that the Demised Premises are left in at least as good a duly qualified architect or engineer who shall submit such plans condition as they were in at the commencement of the term. All other alterations and specifications to LESSOR for written approval, additions made by ▇▇▇▇▇▇ and not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises retained by Lessor shall be made in accordance with all applicable laws and shall removed by ▇▇▇▇▇▇, at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR its expense, at the end of the Term term and the Demised Premises shall be left in the same condition as at the commencement of the term, reasonable wear, tear and damage by fire, if insured, or other earlier termination of this Lease. Any equipment installed insured casualty or taking or condemnation by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancepublic authority excepted.
Appears in 1 contract
Sources: Commercial Lease Agreement
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approvalits sole expense, to make non-structural alterations additions, improvements, or modifications to the interior of less than the Building on the Premises for the convenient conduct of its business. All such changes shall be made in a good and workmanlike manner and in accordance with applicable codes and regulations. Lessee shall give Lessor prior written notice of any alterations, additions, improvements or modifications so made. Lessee shall have the right to install such machinery, equipment, and business and trade fixtures as it deems necessary, and such items shall remain the property of Lessee and shall be removed at the termination of this Lease, the Lessee repairing any damage occasioned by removal. If Lessee shall obtain written consent of Lessor to leave any machinery or like equipment in the Premises, then the full title to such machinery and equipment shall thereupon pass to Lessor. Lessee shall be permitted to construct improvements to the Premises in accordance with the initial description of the Lessee’s Improvements set forth in Exhibit F (“Lessee’s Improvements”), and any Lessor and Lessee shall work together to facilitate the making of such improvements. Lessee shall control construction of Lessee’s Improvements and shall select a qualified contractor or contractors to construct Lessee’s Improvements, such selection having been made, submitted to Lessor and Lessor hereby approves of such selections. Upon execution of this Lease by the Lessor and the Lessee, Lessor shall pay Lessee the total sum of Nine Hundred Thousand Dollars ($50,000 900,000) to be paid in two installments; the first One Hundred Thousand Dollars ($100,000) to be paid upon the Commencement Date and the balance of Eight Hundred Thousand Dollars ($800,000) on or before April 1, 2007. One part of such total sum is to be used by Lessee to make the Lessee’s Improvements, and one part of such total sum is to be used by Lessee to satisfy the undertakings of Lessee set forth in the inducement agreements attached at Exhibit C. Lessee’s construction of Lessee’s Improvements shall be executed in a good and workmanlike manner. All materials used in Lessee’s Improvements will be of good quality. Lessee’s Improvements shall be of good workmanship and material and shall neither reduce the size of the Premises nor impair the strength of the Building. There shall be no construction fee paid to Lessor. Lessee shall take proper precautions for the safety of the public. Lessor shall not be responsible for any instanceloss or damage to or arising from Lessee’s Improvements except to the extent arising from Lessor’s negligence or willful misconduct. Lessee shall, at its expense, (i) cause all of Lessee’s Improvements to comply strictly with, and give all notices required by, all applicable local, state and federal laws, ordinances, rules, regulations, codes and orders (hereinafter referred to collectively as “Legal Requirements”); and (ii) obtain all building permits and any other permits required from any and all jurisdictions governing the Premises or construction of Lessee’s Improvements.
Appears in 1 contract
Sources: Lease Agreement (Gsi Group Inc)
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time not make or suffer to time, without LESSOR’s consent, to make interior be made any alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on any part thereof without the Building System only after first obtaining the prior written consent of LESSORLessor (consent will be assumed if Lessor does not respond after ten (10) calendar days from receipt of written notice) first had and obtained and any alterations, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations additions or improvements to or of said Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the term become a part of the realty and belong to the Lessor and shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance surrendered with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event Lessor consents to the making of making such any alterations, improvementsadditions or improvements to the Premises by Lessee, and/or additions as herein providedthe same shall be made by Lessee at Lessee's sole cost and expense, LESSEE shall indemnify and save harmless LESSOR from any contractor or person selected by Lessee to make the same must first be approved of in writing by the Lessor. Upon the expiration or sooner termination of the term hereof, Lessee shall, upon written demand by Lessor, given at least thirty (30) days prior to the end of the term, at Lessee's sole cost and expense, forthwith and with all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said due diligence remove any alterations, additions, or improvements made by Lessee, designated by Lessor to be removed, and improvements. Notwithstanding anything Lessee shall, forthwith and with all due diligence at its sole cost and expense, repair any damage to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancePremises caused by such removal.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time to time, without LESSOR’s consent, to not make interior any alterations, improvements and/or improvements, or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent and approval of LESSORplans therefor by Landlord, which consent shall not be unreasonably withheld, conditioned, conditioned or delayed or deniedprovided such alterations (a) are non-structural and (b) do not affect any Building systems. All such approved additions, alterations or improvements shall be in accordance The work necessary to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All make any alterations, improvements, and improvements or additions to the Premises shall be made in accordance with all applicable laws and shall done at once when made Tenant's expense by employees of, or installed be deemed to have attached contractors hired by, Landlord, except to the freehold extent Landlord gives its consent to Tenant hiring its own contractors. 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 moveable furniture and to have equipment placed in the Premises at the expense of Tenant, shall be and become the property of LESSOR Landlord and shall remain for upon and be surrendered with the benefit of LESSOR Premises as a part thereof at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during , without disturbance, molestation, injury or damage, unless Landlord elects to require Tenant to remove any or all such alterations or improvements from the Term Premises, in which event Tenant, at Tenant's sole cost and expense, shall at LESSEE’s election be removed at not later than the expiration or termination of this the Lease remove all such designated alterations or shall remain at improvements in a good, workmanlike manner, repairing and restoring the PremisesPremises 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 of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything damage to the contrary set forth hereinPremises or the Building shall be caused by moving said furniture and equipment in or out of the Premises, LESSEE said damage shall have be promptly repaired at the right, without LESSOR’s consent or approval, to make non-structural alterations cost of less than $50,000 in any instanceTenant.
Appears in 1 contract
Sources: Office Space Lease (Medical Staffing Network Holdings Inc)
ALTERATIONS AND ADDITIONS. LESSEE Section 8.01. The Lessee shall have the rightnot make any alterations or additions, from time to time, without LESSOR’s consentstructural or non-structural, to make interior alterations, improvements and/or additions in and to the Demised Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSOR, Lessor on each occasion which consent shall not be unreasonably withheld. Wherever consent is required, conditioned, delayed or deniedit shall include approval of plans and contractors. All such approved additionsallowed alterations, alterations or improvements including reasonable costs of review in seeking Lessor’s approval, shall be made at Lessee’s expense, in compliance with all laws, and shall be in accordance quality at least equal to plans the present construction. Except as set forth below, any alterations or additions made by the Lessee which are permanently affixed to the Demised Premises or affixed in a manner so that they cannot be removed without defacing or damaging the Demised Premises shall, if Lessor so elects, become property of the Lessor at the termination of occupancy as provided herein. If Lessor elects not to retain such alterations or additions, upon termination of this Lease, they shall be removed by Lessee, at its expense, with minimal disturbance to the Demised Premises. Alterations or additions not affixed and specifications prepared which may be removed with minimal disturbance or repairable damage may be removed by Lessee provided such disturbance or damage is restored and repaired so that the Demised Premises are left in at least as good a duly qualified architect or engineer who shall submit such plans condition as they were in at the commencement of the term. All other alterations and specifications to LESSOR for written approval, additions made by Lessee and not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises retained by Lessor shall be made in accordance with all applicable laws and shall removed by Lessee, at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR its expense, at the end of the Term term and the Demised Premises shall be left in the same condition as at the commencement of the term, reasonable wear, tear and damage by fire, if insured, or other earlier termination of this Lease. Any equipment installed insured casualty or taking or condemnation by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancepublic authority excepted.
Appears in 1 contract
Sources: Sublease (Radius Health, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time not make or permit to time, without LESSOR’s consent, to make interior be ------------------------- made any alterations, improvements improvements, and/or additions in and of any kind or nature to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Leased Premises or may have a material adverse effect on the Building System only after first obtaining any part thereof except by and with the prior written consent of LESSOR, Landlord which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedLandlord's sole discretion. All alterations, improvements, improvements and additions to the Leased Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Landlord and shall remain for the benefit of LESSOR Landlord at the end of the Term term, or other earlier expiration of this lease, in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease. Any equipment installed lease, or within fifteen (15) days thereafter, Landlord so directs, Tenant shall promptly remove the additions, improvements, fixtures and installations which were placed in the Leased Premises by LESSEE during the Term shall Tenant and which are designated in said notice and repair any damage occasioned by such removal and in default thereof Landlord may effect said removals and repairs at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the PremisesTenant's expense. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE Tenant shall indemnify and save harmless LESSOR Landlord from any and all expensesexpense, liens, claims, or damages to either persons or Premises property arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.-7- LANDLORD _________________ TENANT ___________________
Appears in 1 contract
Sources: Lease Agreement (Laralev Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, and or additions to the Premises shall be made in accordance with all applicable laws and shall at once when made in, on, or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at about the Premises, except for nonstructural alterations not exceeding One Thousand Dollars ($1,000) in cost. In the event of making As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improvements, and/or additions or utility installations at the expiration of the term, and to restore the Premises to their prior condition.
(b) Before commencing any work relating to alterations, additions and improvements affecting the Premises (none of which 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 and from time to time to post and maintain on the Premises such notices as herein provided, LESSEE shall indemnify Landlord reasonably deems necessary to protect the Premises and save harmless LESSOR Landlord from any and all expenses, mechanic's liens, claimsmaterialmen's liens, or damages any other liens. In any event, Tenant shall pay, when due, all claims for labor or materials furnished to either persons or for Tenant or for use in the Premises. Tenant shall not permit any mechanic's or materialmen's liens to be levied against the Premises arising out offor any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant.
(c) Unless Landlord requires their removal, as set forth in Article 7.5(a), all alterations, improvements, or resulting from additions which may be made on the undertaking or making Premises shall become the property of said alterations, additions, Landlord and improvementsremain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding anything the provisions of this Article 7.5(c), Tenant's machinery, equipment and trade fixtures, other than that which is affixed to the contrary set forth hereinPremises so that it cannot be removed without material damage to the Premises, LESSEE shall have remain the right, without LESSOR’s consent or approval, property of Tenant and may be removed by Tenant subject to make non-structural alterations the provisions of less than $50,000 in any instanceArticle 7.3.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE (a) Lessee shall have the right, from time to timenot, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the Lessor's prior written consent of LESSORconsent, which consent shall not be unreasonably withheldwithheld or delayed, conditionedmake any alterations, delayed or denied. All such approved improvements, additions, or Utility Installations in, on or about the Premises, except for nonstruc- tural alterations not exceeding $10,000 in cumulative costs during the term of this Lease. In any event, whether or improvements not in excess of $10,000 in cumulative cost, Lessee shall be in accordance make no change or alteration to plans and specifications prepared by a duly qualified architect or engineer who the exterior of the Premises nor the exterior of the building(s) on the Premises without Lessor's prior written consent, which consent shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheldwithheld or delayed. As used in this Paragraph 7.5 the term "Utility Installation" shall mean carpeting, conditionedwindow coverings, delayed or deniedair lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. All alterations, improvements, and additions to the Premises shall or Utility Installations may be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed left at the expiration of the term, and need not be removed by Lessee. Lessee may elect to remove any of the same provided Lessee repairs any damage caused by the installation or termination removal thereof. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of this Lease or shall remain at such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the Premiseswork. In the event of making such Should Lessee make any alterations, improvements, and/or additions as herein providedor Utility Installations without the prior approval of Lessor, LESSEE shall indemnify and save harmless LESSOR from Lessor may require that Lessee remove any and or all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from of the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancesame.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and Please Initial: Lessor Lessee MG WH
(a) Alterations or removal of any fixtures may not be made to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLessor, nor may any alterations to the “path of travel” (as the term is used in the ADA and in the rules and regulations implementing the ADA), whether within or outside the Premises, be made without Lessor’s consent, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All Any alterations, improvements, and additions or utility installations to the Premises shall be made in accordance with all applicable laws Premises, excepting movable furniture and shall machinery and trade fixtures, shall, at once when made or installed be deemed to have attached to the freehold and to have Lessor’s option, become the property of LESSOR and shall remain for the benefit of LESSOR at the end part of the Term realty and belong to Lessor upon the expiration or other earlier termination of this Lease. Any However, this shall not prevent Lessee from installing trade fixtures, machinery, or other trade equipment installed by LESSEE during the Term shall at LESSEE’s election in conformance with all applicable ordinances, regulations and laws, which may be removed by Lessee at the expiration or earlier termination of this Lease, nor shall Lessor unreasonably withhold its consent to any alteration necessary to bring the Premises or the “path of travel” into compliance with the ADA. Lessee shall keep the Premises free from any liens arising out of any work performed for, 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 the agent of the Lessor for any alteration, repair, or construction within the Premises, the same being done at the sole expense of the Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to the Lessee for the payment of any charge for work done and materials furnished upon the Premises during the Term.
(b) Upon the expiration or sooner termination of the Term, Lessee shall, upon written demand by Lessor, at ▇▇▇▇▇▇’s sole expense, with due diligence, remove any alteration, addition or improvement made by Lessee, designated by Lessor to be removed, and repair any damage to the Premises caused by such removal. Lessee shall remove all of its movable property and trade fixtures which can be removed without damage to the Premises at the expiration or earlier termination of this Lease or and shall remain at pay Lessor for all damages from injury to the Premises. In the event Premises resulting from such removal.
(c) Any and all of making such Lessee’s contractors and/or sub-contractors constructing any alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsutility installations or removing any fixtures shall sign a “Contractors Hold Harmless Agreement” in the form to be provided by Lessor prior to commencement of such work. Notwithstanding anything to Contractor(s)/sub-Contractor(s) who do not currently have a certificate of insurance on file with Lessor shall provide Lessor with a certificate of insurance in which the contrary set forth herein, LESSEE commercial general liability coverage shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of not be less than $50,000 in any instance1,000,000, combined single limit, naming Lessor and its member(s), manager(s), and partner(s) as additional insureds.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE SUBLESSEE shall have not, unless in accordance with the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in PRIME LEASE and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the with SUBLESSOR'S prior written consent of LESSOR, (which consent shall may not be unreasonably withheld), conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All make any alterations, improvements, additions, utility installations or repairs ("Alterations") in, on or about the DEMISED PREMISES. SUBLESSEE shall pay, when due, all claims for labor or materials furnished to or for SUBLESSEE at or for use in the DEMISED PREMISES, which claims are or may be secured by any mechanic's or materialmen's lien against the DEMISED PREMISES. SUBLESSEE shall not allow any liens relating to any work undertaken by SUBLESSEE to be recorded against the DEMISED PREMISES and additions shall take all necessary action to forthwith remove any such lien recorded against the DEMISED PREMISES. At the expiration of the term, SUBLESSOR may require the removal of any Alterations installed by SUBLESSEE and the restoration of the DEMISED PREMISES to their prior condition, reasonable wear and tear and casualty excluded, at SUBLESSEE'S expense. All Alterations (whether or not such Alterations constitute trade fixtures of SUBLESSEE) that may be made to the Premises DEMISED PREMISES by SUBLESSEE shall be paid for by SUBLESSEE, at its sole cost and expense, and shall be made and done in accordance with all applicable laws a good and shall at once when made or installed be deemed to have attached workmanlike manner. If this SUBLEASE is terminated due to the freehold expiration of its term or otherwise, and SUBLESSEE fails to remove its property as required by pursuant to this Section 10.3, in addition to any other remedies available to SUBLESSOR under this SUBLEASE, and subject to any other right or remedy SUBLESSOR may have become the under applicable law, SUBLESSOR may deem such Alterations as abandoned or remove any property of LESSOR SUBLESSEE from the DEMISED PREMISES and shall remain for store the benefit of LESSOR same elsewhere at the end expense and risk of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceSUBLESSEE.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining A. Without the prior written consent of LESSORLessor, which consent Lessee shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All make any alterations, improvements, and additions or utility installations within or to the Premises shall be made costing in accordance with all applicable laws and shall at once when made excess of $10,000.00, nor remove, modify or installed be deemed to have attached alter any fixtures, nor make any alterations to the freehold “path of travel” (as the term is used in the ADA and to have in the rules and regulations implementing the ADA), whether within or outside the Premises (collectively, “Alterations”). Any Alterations shall, at Lessor’s option, become the property of LESSOR and shall remain for the benefit of LESSOR at the end part of the Term realty and belong to Lessor upon the expiration or other earlier termination of this Lease, except for furniture, equipment and trade fixtures if and to the extent any of such furniture, equipment and trade fixtures were paid for by L▇▇▇▇▇. Any equipment installed Lessee shall keep the Premises and the Project free from any liens arising out of any work performed for, material furnished to, or obligations incurred by LESSEE the Lessee. It is further understood and agreed that under no circumstance is the Lessee to be deemed the agent of the Lessor for any alteration, repair, or construction within the Premises, the same being done at the sole expense of the Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to the Lessee for the payment of any charge for work done and materials furnished upon the Premises in connection with any Alterations, repair or construction by Lessee within the Premises during the Term Term.
B. Upon the expiration or earlier termination of the Term, Lessee shall, upon written demand by Lessor, at L▇▇▇▇▇’s sole expense, with due diligence, remove any Alteration made by Lessee, designated by Lessor to be removed, and repair any damage to the Premises caused by such removal. Lessee shall at LESSEE’s election remove all of its movable property and trade fixtures which can be removed without damage to the Premises at the expiration or earlier termination of this Lease and shall pay Lessor for all damages from injury to the Premises or shall remain at the Premises. In the event of making Project resulting from such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any removal.
C. Any and all expensesof L▇▇▇▇▇’s contractors (including Contractor) and/or subcontractors performing, liensconstructing or removing any Alterations shall, claims, or damages as a condition precedent to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSORLessor’s consent or approvalthereto under Section 7.3(A), sign a “Contractors Hold Harmless Agreement” in the form attached hereto as Exhibit “F”, to make nonbe provided to Lessor prior to commencement of any of such work. All Contractor(s)/sub-structural alterations contractor(s) shall provide Lessor with a certificate of insurance in which the commercial general liability coverage shall not be less than $50,000 in any instance1,000,000, combined single limit, naming Lessor, its managers and such other parties as Lessor may determine as additional insureds.
Appears in 1 contract
Sources: Commercial Industrial Triple Net Lease (PLBY Group, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time to time, without LESSOR’s consent, to make interior no alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first any part thereof without obtaining the prior written consent of LESSORLandlord, which consent shall not be unreasonably withheldwithheld if the alterations, conditioned, delayed or denied. All such approved additions, alterations additions or improvements shall are of a non-structural, non-electrical, or non-mechanical nature or cost less than $25,000; provided, however, that all alterations, additions or improvements are of a quality which equal or exceed the then current building standard and further provided that Tenant must notify Landlord of the work to be done in accordance advance thereof. Except for the foregoing, Landlord's consent cannot be withheld for any reason. Landlord may impose, as a condition to the aforesaid consent, such requirements as Landlord may deem necessary in its reasonable discretion, including without limitation thereof, the manner in which the work is done, a right to require Tenant to use Landlord's contractor or a right of approval of the contractor by whom the work is to be performed, the times during which the work is to be accomplished, the right to require Tenant to provide Landlord with plans and specifications prepared by a duly qualified architect or engineer who shall submit in regard to the work, and the right to require Tenant to pay Landlord for the cost of reviewing such plans and specifications to LESSOR for written approvalplans, not to be unreasonably withheld, conditioned, delayed or deniedexceed $500 per review. All alterations, improvements, alterations and additions to the Premises shall be made in accordance with including, by way of illustration but not by limitation, all applicable laws partitions, paneling, carpeting, drapes or other window coverings and shall at once when made or installed be deemed to have light fixtures (but not including movable office furniture not attached to the freehold Building) shall be deemed a part of the real estate and to have become the property of LESSOR Landlord and shall remain for upon and be surrendered with the benefit of LESSOR Premises as part thereof without molestation, disturbance or injury at the end of said term, whether by lapse of time or otherwise, unless Landlord, by notice given to Tenant no later than thirty (30) days prior to the Term end of the term, shall elect to have Tenant remove all or other earlier termination any of this Leasesuch alterations or additions (which are not included as Building Standard Improvements) and in such event, Tenant shall promptly remove, 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. Any equipment installed by LESSEE during Notwithstanding the Term foregoing, Tenant shall at LESSEE’s election not be removed required to remove or restore those improvements made at the expiration or termination commencement of this Lease and Tenant’s initial improvements made in the first year of the Lease term. If Landlord authorizes persons requested by Tenant to perform any alterations, repairs, modifications or shall remain at additions to the Premises. In , prior to the event commencement of making any such alterationswork, improvements, and/or additions as herein provided, LESSEE Tenant shall indemnify on request deliver to Landlord such payment and save harmless LESSOR from any and all expenses, liens, claims, performance bonds or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additionsother security which Landlord may require, and improvementscertificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen's compensation, public liability insurance and property damage insurance, all in amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. Notwithstanding anything All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without thirty (30) days prior written notice to Landlord. Further, Tenant shall permit Landlord to post the contrary set forth hereinPremises so that Landlord may avail itself of the provisions of the Colorado Mechanic's Lien Law, LESSEE and shall have the right, without LESSORcomply with all requirements related to prevention of mechanic’s consent or approval, to make non-structural alterations of less than $50,000 liens as stated in any instanceSection 10 hereafter.
Appears in 1 contract
Sources: Office Building Lease (Solera National Bancorp, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, or additions, in, on or about the Premises, except for non-structural alterations not exceeding $1,000 in cost. As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improments, additions or utility installations at the expiration of the term, and additions to restore the Premises to their prior condition.
(b) Below commencing any work relating to alterations, additions and improvements affecting the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises and Landlord from mechanics liens, materialmen's liens or any other liens. In any event, Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises Tenant shall not permit any mechanics or materialmen's liens to be levied against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant.
(c) Unless Landlord requires the removal, as set forth in Article 7.5(a), all alterations, improvements or additions which may be made in accordance with all applicable laws and on the Premises, shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Landlord and shall remain for upon and the benefit of LESSOR at surrendered with the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed Premises at the expiration or termination of the term. Notwithstanding the provisions of this Lease or Article 7.5(c), Tenant's machinery, equipment and trade fixtures, other than that which is affected to the Premises so that it cannot be removed without material damage to the Premises, shall remain at the Premises. In the event property of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify Tenants and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything may be removed by Tenant subject to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations provisions of less than $50,000 in any instanceArticle 7.3.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior any alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises that will have no effect on the roofor any part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor and without a valid building permit issued by the appropriate governmental authority. Lessor retains, which consent shall not be unreasonably withheldat his sole option, conditionedthe right to retain a General Contractor of his own choosing to perform all repairs, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All 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 termination of this Lease, and additions to restore the Premises to their prior condition. Any alteration, addition, or improvement to the Premises Premises, shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor upon installation, and shall remain for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during Lessor can elect, however, within thirty (30) days before expiration of the Term shall at LESSEE’s election be removed at the expiration term or within five (5) days after termination of this Lease the term, to require Lessee to remove any alterations, additions, or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall remain at restore the Premises to the condition designated by Lessor in its 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, partitioning, electrical signs, carpeting, or any other installation which has become an integral part of the Premises. In the event of that Lessor consents to Lessee's making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify and save harmless LESSOR from any and all expensesbe responsible for the timely posting of notices of non- responsibility on Lessor's behalf, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Lessee's failure to post notices of non- responsibility as required hereunder shall be a breach of this Lease. Notwithstanding anything to the contrary set forth herein, LESSEE 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 have be responsible for 100% of the rightcost of such improvement), without LESSOR’s consent or approvalLessor shall be responsible for constructing such improvement and Lessee shall be responsible for its proportional share of the cost for said improvement, to make non-structural alterations amortized over the useful life of less than $50,000 in such improvement that coincides with the remaining Lease term including any instanceextensions.
Appears in 1 contract
Sources: Lease (Segue Software Inc)
ALTERATIONS AND ADDITIONS. LESSEE shall have the right(a) Alterations, from time to timeimprovements, without LESSOR’s consentadditions, to make interior alterations, improvements and/or additions in and utility installations or removal of any fixtures may not be made to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSOR, Lessor which consent shall not be unreasonably withheld, conditionedconditioned or delayed, delayed nor may any alterations to the "path of travel" (as the term is defined in the ADA and the rules and regulations implementing the ADA), whether within or denied. All such approved additionsoutside the Premises, alterations or improvements be made without Lessor's consent which consent shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditionedconditioned or delayed, delayed or denied. All and any alterations, improvements, and additions or utility installations to the Premises shall be made in accordance with all applicable laws Premises, excepting movable furniture and shall machinery and trade fixtures, shall, at once when made or installed be deemed to have attached to the freehold and to have Lessor's option, become the property of LESSOR and shall remain for the benefit of LESSOR at the end part of the Term realty and belong to Lessor upon the expiration or other earlier termination of this Lease. Any However, the foregoing shall not prevent Lessee from installing trade fixtures, machinery, or other trade equipment installed in conformance with all applicable ordinances, regulations and laws nor shall Lessor unreasonably withhold its consent to any alteration necessary to bring the Premises or the "path of travel" into compliance with the ADA. Lessee shall keep the Premises, the building in which the Premises are located, and the land on which the Premises are situated free from any liens arising out of any work performed for, material furnished to, or obligations incurred by LESSEE the Lessee. It is further understood and agreed that under no circumstance is the Lessee to be deemed the agent of the Lessor for any alteration, repair, or construction within the Premises, the same being done at the sole expense of the Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to the Lessee for the payment of any charge for work done at the request of Lessee or Lessee's contractors and materials furnished upon the Premises ▇▇▇▇ng the Term at the request of Lessee or Lessee's contractors. Notwithstanding any of the foregoing, ▇▇▇▇▇▇ may construct non-structural alterations, additions and improvements ("Minor Alterations") in the Premises with not less than fourteen (14) days prior written notice to Lessor but without Lessor's prior approval or consent, if: (i) the aggregate cost of all such work (whether conducted in one or a series of jobs) during the Term does not exceed Twenty Thousand Dollars ($20,000); (ii) the Minor Alterations do not impact the systems of the Premises or Project such as electrical, heating, air conditioning, water and plumbing; and (iii) the Minor Alterations are not visible from the Common Areas. Lessee shall provide Lessor with "as-built" plans showing the Minor Alterations if such "as-built" plans are required by applicable law or if not so required, to the extent such "as-built" plans were prepared by Lessee. Upon request, Lessor shall advise Lessee in writing w▇▇▇▇▇▇ it reserves the ▇▇▇▇t to require Lessee to remove any alterations from the Premises upon terminat▇▇▇ ▇▇ this Lease.
(b) Upon the expiration or sooner termination of the Term, Lessee shall, upon written demand by Lessor, but only if at LESSEE’s election the time Lessor consents to such alteration, addition or improvement it expressly conditions such consent on such removal at Lessee's sole expense, with due diligence, remove any alteration, addition or improvement made by Lessee, designated by Lessor to be removed, and repair any damage to the Premises caused by such removal. Lessee shall remove all of its movable property and trade fixtures which can be removed without damage to the Premises at the expiration or earlier termination of this Lease or shall remain at the Premises. In the event Lease.
(c) Any and all of making such Lessee's contractors and/or subcontractors constructing any alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to utility installations or removing any fixtures shall sign a "Contractor's Hold Harmless Agreement" substantially in the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approvalform attached hereto as EXHIBIT "B", to make non-structural alterations be provided to Lessor prior to commencement of such work. Contractor(s)/Subcontractor(s) who do not currently have a certificate of insurance on file with Lessor shall provide Lessor with a certificate of insurance in which the commercial general liability coverage shall not be less than $50,000 in any instance1,000,000, combined single limit, naming Lessor and its member(s), manager(s), and partner(s) as additional insureds.
Appears in 1 contract
Sources: Triple Net Lease (Luxtec Corp /Ma/)
ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, and or additions to the Premises shall be made in accordance with all applicable laws and shall at once when made in, on, or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at about the Premises, except for nonstructural alterations not exceeding FIVE THOUSAND DOLLARS ($5,000) in cost. In the event of making As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improvements, and/or additions or utility installations at the expiration of the term, and to restore the Premises to their prior condition.
(b) Before commencing any work relating to alterations, additions and improvements affecting the Premises (none of which 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 and from time to time to post and maintain on the Premises such notices as herein provided, LESSEE shall indemnify Landlord reasonably deems necessary to protect the Premises and save harmless LESSOR Landlord from any and all expenses, mechanic's liens, claimsmaterialmen's liens, or damages any other liens. In any event, Tenant shall pay, when due, all claims for labor or materials furnished to either persons or for Tenant or for use in the Premises. Tenant shall not permit any mechanic's or materialmen's liens to be levied against the Premises arising out offor any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant.
(c) Unless Landlord requires their removal, as set forth in Article 7.5(a), all alterations, improvements, or resulting from additions which may be made on the undertaking or making Premises shall become the property of said alterations, additions, Landlord and improvementsremain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding anything the provisions of this Article 7.5(c), Tenant's machinery, equipment and trade fixtures, other than that which is affixed to the contrary set forth hereinPremises so that it cannot be removed without material damage to the Premises, LESSEE shall have remain the right, without LESSOR’s consent or approval, property of Tenant and may be removed by Tenant subject to make non-structural alterations the provisions of less than $50,000 in any instanceArticle 7.3.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time not make or permit to time, without LESSOR’s consent, to make interior be -------------------------- made any alterations, improvements improvements, and/or additions in and of any kind or nature to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Leased Premises or may have a material adverse effect on the Building System only after first obtaining any part thereof except by and with the prior written consent of LESSOR, Landlord which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedLandlord's sole discretion. All alterations, improvements, improvements and additions to the Leased Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Landlord and shall remain for the benefit of LESSOR Landlord at the end of the Term term, or other earlier expiration of this lease, in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease. Any equipment installed lease, or within fifteen (15) days thereafter, Landlord so directs, Tenant shall promptly remove the additions, improvements, fixtures and installations which were placed in the Leased Premises by LESSEE during the Term shall Tenant and which are designated in said notice and repair any damage occasioned by such removal and, in default thereof, Landlord may effect said removals and repairs at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the PremisesTenant's expense. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE Tenant shall indemnify and save harmless LESSOR Landlord from any and all expensesexpense, liens, claims, or damages to either persons or Premises property arising out of, or resulting from from, the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.
Appears in 1 contract
Sources: Lease Agreement (Laralev Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) Photronics shall have the right, from time to timenot, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORMicron, which consent shall not unreasonably be unreasonably withheldwithheld or delayed so long as same is not reasonably anticipated to interfere with Photronics’ continuous operations and satisfaction of its Capacity Commitment, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All make any alterations, improvements, and remodeling or additions (collectively, “Alterations”) to the Premises Premises. Notwithstanding the foregoing, any Alteration which does not affect (i) any structural elements of the Building, (ii) any mechanical, electrical or plumbing systems of the Building, (iii) the “Clean Room” or any support systems or facilities therefor (i.e. only impact the “office” portion of the Building), and (iv) are commercially reasonably estimated to cost less than Two Hundred Fifty Thousand and No/100 Dollars ($250,000) for all work pertaining to such Alteration and such Alteration does not otherwise affect the matters set forth in (i), (ii), or (iii) above (the “Permitted Alterations”), may be performed upon seven (7) days’ prior written notice to Micron. All Alterations made by Photronics shall be made done with diligence, in accordance a good and workmanlike manner, consistent with the construction quality of the Building and in compliance with all applicable laws Applicable Laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination requirements of this Lease. Any equipment installed The cost of any Alterations shall be paid or discharged by LESSEE during Photronics so that the Term Premises and all leasehold improvements thereon shall at LESSEEall times be free of liens resulting therefrom. Photronics shall supply to Micron, promptly upon completion thereof, a set of as-built drawings therefor on mylar for all Alterations.
(b) Other than leasehold improvements and any Alterations, all installations by Photronics, including Mask Shop Equipment and all other personal property of Photronics placed in or on the Premises are herein referred to as “Photronics’ Property.” All Photronics Property shall remain the sole and exclusive property of Photronics subject to Micron’s election right to purchase and/or obtain a security interest in the Mask Shop Equipment under Section 14.2. Except as expressly provided to the contrary in this Article VIII, all leasehold improvements and Alterations shall be removed the property of Micron through the Lease term and following termination of the Lease. Such leasehold improvements shall remain upon and be surrendered with the Premises at the expiration or any termination of this Lease or in accordance with the provisions of this Lease relating to termination hereof; provided, however, if requested instead Photronics shall remain remove any leasehold improvements and Alterations at Photronics’ sole cost within ten (10) days following any such termination and restore the Premises to substantially the same condition as the Premises existed at the Premises. In time Micron tendered delivery of possession thereof to Photronics, less reasonable wear and tear.
(c) Photronics shall promptly in writing notify Micron of the event filing of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or mechanics’ lien against the Premises arising out ofof work performed by or for Photronics and shall cause the same to be removed consistent with the provisions of Section 16.12.
(d) The approval by Micron of any specifications, working drawings or other plans with regard to Photonics’ Work, and including, without limitation, Alterations to be made by Photronics of or to the Premises or with respect to the Mask Shop Equipment or other work by Photronics, or resulting from at any time during the undertaking term of this Lease, shall not be deemed to be a representation or making of said alterations, additions, and improvements. Notwithstanding anything warranty by Micron as to the contrary set forth hereinadequacy or sufficiency of such specifications, LESSEE working drawings or other plans or of the improvements or construction contemplated thereby for any use or purpose. By its approval thereof, Micron assumes no liability or responsibility therefor, or for any defect in any improvements, equipment, or construction made pursuant thereto.
(e) Before commencement of any work of improvement in the Premises, Photronics shall have give Micron fifteen (15) days written notice thereof, specifying precisely the rightexpected date of commencement. For the period from ten (10) days prior to commencement of such work and during the performance thereof (or such other period required by Applicable Law), without LESSOR’s consent Micron may maintain in the Premises or approval, to make otherwise post where and as required by Applicable Law such notices of non-structural alterations of less than $50,000 in any instanceresponsibility or other notices as may be necessary to protect Micron against liability for liens and claims.
Appears in 1 contract
Sources: Lease Agreement (Photronics Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time to timenot, without LESSORLandlord’s prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, or additions in, on, or about the Premises, except for nonstructural alterations not requiring permits and additions not exceeding Fifty Thousand Dollars and 00/100 ($50,000.00) in total cost which do not cause any damage to the Premises shall and may easily be made in accordance with all applicable laws removed. As a condition to giving such consent, Landlord may impose any conditions it deems appropriate, and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making may require that Tenant remove any such alterations, improvements, and/or additions or utility installations at the expiration of this Lease, and to restore the Premises to its prior condition.
(b) In the event of Landlord consent per subparagraph (a) above, before commencing any work relating to alterations, additions and improvements affecting the Premises (none of which 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 and from time to time to post and maintain on the Premises such notices, as herein provided, LESSEE shall indemnify Landlord reasonably deems necessary to protect the Premises and save harmless LESSOR Landlord from any and all expenses, mechanics liens, claimsmaterialmen liens, or damages to either persons or Premises arising out ofany other liens. Tenant shall at all times comply with Article 8 governing liens.
(c) Unless Landlord requires their removal, as set forth in Article 9.5(a), all alterations, improvements, or resulting from additions which may be made on the undertaking or making Premises shall become the property of said alterations, additionsLandlord, and improvementsremain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding anything the provisions of this Article 9.5(c), Tenant’s machinery, equipment and trade fixtures, other than that which is affixed to the contrary set forth hereinPremises so that it cannot be removed without material damage to the Premises, LESSEE shall have remain the rightproperty of Tenant and may be removed by Tenant prior to the expiration of this Lease and subject to the provisions of Article 9.3, without LESSOR’s consent or approval, to make non-structural alterations provided Tenant is not in default under any terms of less than $50,000 in any instancethis Lease.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time to time, without LESSOR’s consent, to make interior no alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises any part thereof (the collectively “Building StructureAlterations”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSORthe Lessor, which consent shall not be unreasonably withheld, conditioned, delayed conditioned or denieddelayed. All such approved additions, alterations or improvements Alterations shall be in accordance to with plans and specifications prepared approved by a duly qualified architect or engineer who Lessor, which shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed conditioned or denied. All alterations, improvementsdelayed, and additions 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 the aforesaid consent such additional requirements as Lessor may deem necessary in Lessor’s 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, the times during which it is to be accomplished, and financial assurances that the Alterations will be completed and paid for by Lessee. As between Lessee and Lessor, Lessee agrees that Lessor shall not be liable for, any and all loss, cost, damage, expense or liability (including without limitation, court costs and reasonable attorneys’ fees) arising from any claims brought by any of Lessee’s agents, employees, contractors or invitees as a result of the Premises not having been inspected by a Certified Access Specialist (CASp). Notwithstanding the foregoing, Lessee shall be allowed to make improvements to the Premises shall for up to $25,000 per year in costs, provided such improvements: (a) are non-structural in nature, (b) will have no effect on the Building Systems and do not require a building permit, (c) would be made in accordance compliance with all applicable laws Laws, and shall at once when made or installed (d) would not be deemed to have attached visible from outside the Building. Upon written request of Lessor prior to the freehold and to have become expiration or earlier termination of the property of LESSOR and shall remain Lease, Lessee shall, at its sole expense, remove any or all Alterations installed by or for the benefit of LESSOR Lessee. Upon Lessee’s request at the end time Lessee seeks consent for Alterations, Lessor shall provide written notice to Lessee of its restoration requirements, and Lessee shall remove any Alterations timely designated by Lessor for removal upon the Term expiration or other earlier early termination of this Lease. Any equipment installed by LESSEE during All Alterations shall, upon completion, become part of the Term shall at LESSEE’s election Premises and the property of the Lessor. All Alterations not specified to be removed shall at the expiration or earlier termination of this the Lease or shall remain at upon and be surrendered with the Premises. In All movable furniture, business and trade fixtures, and machinery and equipment shall remain the event property of making such alterationsthe Lessee and may be removed by the Lessee at any time during the Lease term. Items which are not to be deemed as movable furniture, improvements, and/or additions as herein provided, LESSEE shall indemnify business and save harmless LESSOR from any and all expenses, liens, claimstrade fixtures, or damages to either persons or Premises arising out ofmachinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or resulting from any other installation which has become an integral part of the undertaking or making of said alterations, additions, and improvementsPremises. Notwithstanding anything The Lessee will give the Lessor five (5) business days’ notice prior to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make commencement of any Alterations work and will at all times permit notices of non-structural alterations responsibility to be posted and to remain posted until the completion of less than $50,000 in any instanceAlterations.
Appears in 1 contract
Sources: Triple Net Lease (Mobileiron, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and (a) Alterations or removal of any fixtures may not be made to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLessor, nor may any alterations to the “path of travel” (as the term is used in the ADA and in the rules and regulations implementing the ADA), whether within or outside the Premises, be made without Lessor’s consent, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All Any alterations, improvements, and additions or utility installations to the Premises shall be made in accordance with all applicable laws Premises, excepting movable furniture and shall machinery and trade fixtures, shall, at once when made or installed be deemed to have attached to the freehold and to have Lessor’s option, become the property of LESSOR and shall remain for the benefit of LESSOR at the end part of the Term realty and belong to Lessor upon the expiration or other earlier termination of this Lease. Any However, this shall not prevent Lessee from installing trade fixtures, machinery, or other trade equipment installed by LESSEE during the Term shall at LESSEE’s election in conformance with all applicable ordinances, regulations and laws, which may be removed by Lessee at the expiration or earlier termination of this Lease Lease, nor shall Lessor unreasonably withhold its consent to any alteration necessary to bring the Premises or the “path of travel” into compliance with the ADA. Lessee shall remain keep the Premises free from any liens arising out of any work performed for, material furnished to, or obligations incurred by L▇▇▇▇▇. It is further understood and agreed that under no circumstance is L▇▇▇▇▇ to be deemed the agent of Lessor for any alteration, repair, or construction within the Premises, the same being done at the Premisessole expense of Lessee. In All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to Lessee for the event payment of making any charge for work done and materials furnished upon the Premises during the Term.
(b) Upon the expiration or sooner termination of the Term, Lessee shall remove all of its movable property and trade fixtures and shall repair all damages from injury to the Premises to the extent resulting from such removal. Notwithstanding any provision to the contrary in this Lease, Tenant shall not be required to remove any alterations, additions or improvements made by Lessee to Premises whether existing as of the Effective Date or installed during the Term.
(c) Any and all of Lessee’s contractors and/or sub-contractors constructing any alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsutility installations or removing any fixtures shall sign a “Contractors Hold Harmless Agreement” in the form to be provided by Lessor prior to commencement of such work. Notwithstanding anything to Contractor(s)/sub-Contractor(s) who do not currently have a certificate of insurance on file with Lessor shall provide Lessor with a certificate of insurance in which the contrary set forth herein, LESSEE commercial general liability coverage shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of not be less than $50,000 in any instance1,000,000, combined single limit, naming Lessor and its member(s), manager(s), and partner(s) as additional insureds.
Appears in 1 contract
Sources: Standard Commercial Industrial Single Tenant Triple Net Lease (Picard Medical, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE Section 8.01. The Lessee shall have the rightnot make any alterations or additions, from time to time, without LESSOR’s consentstructural or non-structural, to make interior alterations, improvements and/or additions in and to the Demised Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSOR, Lessor on each occasion which consent shall not be unreasonably withheld. Wherever consent is required, conditioned, delayed or deniedit shall include approval of plans and contractors. All such approved additionsallowed alterations, alterations or improvements including reasonable costs of review in seeking Lessor's approval, shall be made at Lessee's expense, in compliance with all laws, and shall be in accordance quality at least equal to plans the present construction. Except as set forth below, any alterations or additions made by the Lessee which are permanently affixed to the Demised Premises or affixed in a manner so that they cannot be removed without defacing or damaging the Demised Premises shall, if Lessor so elects, become property of the Lessor at the termination of occupancy as provided herein. If Lessor elects not to retain such alterations or additions, upon termination of this Lease, they shall be removed by Lessee, at its expense, with minimal disturbance to the Demised Premises. Alterations or additions not affixed and specifications prepared which may be removed with minimal disturbance or repairable damage may be removed by Lessee provided such disturbance or damage is restored and repaired so that the Demised Premises are left in at least as good a duly qualified architect condition as they were in at the commencement of the term, reasonable wear, tear and damage by fire or engineer who shall submit such plans other casualty not required to be insured by Lessee or taking or condemnation excepted. All other alterations and specifications to LESSOR for written approval, additions made by Lessee and not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises retained by Lessor shall be made in accordance with all applicable laws and shall removed by Lessee, at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR its expense, at the end of the Term term and the Demised Premises shall be left in the same condition as at the commencement of the term, reasonable wear, tear and damage by fire, if insured, or other earlier termination of this Lease. Any equipment installed insured casualty or taking or condemnation by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancepublic authority excepted.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.and
Appears in 1 contract
Sources: Lease Agreement (New Abraxis, Inc.)
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to A. Unless the Premises that have been previously built out, the Premises will have no effect on the roofbe provided as a building shell without concrete flooring or finished walls, foundation or other structural elements Buildout of the Premises (will be effected as set forth in Exhibit "B" hereto. All plans for buildout of the “Building Structure”) and will have no adverse effect on space must be approved by Lessor prior to submission of the heatingplans to Clar▇ ▇▇▇nty for approval.
B. Tenant shall not, ventilatingwithout Lessor's prior written consent, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make any alterations, improvements and/or additions or utility installations in, on or about the Premises. As used in this Paragraph 7.B, the term "utility installations" shall include ducting, power panels, fluorescent fixtures, space heaters, conduit and wiring. As a condition to giving such consent, Lessor may require that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORTenant agree to remove any such alterations, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, or utility installations at the expiration of the Lease Term and additions to restore the Premises shall to their prior condition. As a further condition to giving such consent, Lessor may require Tenant to provide Lessor, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (l-1/2) times the estimated cost of such improvements, to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work.
C. Unless Lessor requires their removal, as set forth in Paragraph 7.B, all alterations, additions, improvements and utility installations (whether or not such utility installations constitute the trade fixtures of Tenant), which may be made in accordance with all applicable laws and on the Premises, shall at once when made the expiration or installed be deemed to have attached to earlier termination of the freehold and to have Lease become the property of LESSOR Lessor and shall remain for upon and be surrendered with the benefit of LESSOR at Premises. Notwithstanding the end of the Term or other earlier termination provisions of this Lease. Any equipment installed Paragraph 7.B, 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 Tenant and may be removed by LESSEE Tenant subject to the provisions of Paragraph 36, at any time during the Term shall at LESSEE’s election be removed at the expiration or termination term of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 when Tenant is not in any instancedefault hereunder.
Appears in 1 contract
Sources: Lease Agreement (American Casino Enterprises Inc /Nv/)
ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, or additions, in, on or about the Premises, except for non-structural alterations not exceeding $1,000 in cost. As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improvements additions or utility installations at the expiration of the term, and additions to restore the Premises to their prior condition.
(b) Before commencing any work relating to alterations, additions and improvements affecting the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises and Landlord from mechanics' liens, materialmen's liens or any other liens. In any event, Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises. Tenant shall not permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant.
(c) Unless Landlord requires their removal, as set forth in Article 7.4 (a), all alterations, improvements or additions which may be made in accordance with all applicable laws and on the Premises, shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Landlord and shall remain for upon and be surrendered with the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed Premises at the expiration or termination of the term. Notwithstanding the provisions of this Lease or Article 7.4(c), Tenant's machinery, equipment and other trade fixtures other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain at the Premises. In the event property of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify Tenant and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything may be removed by Tenant subject to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations provisions of less than $50,000 in any instanceArticle 7.2.
Appears in 1 contract
Sources: Industrial Lease (Rockford Corp)
ALTERATIONS AND ADDITIONS. LESSEE 6.5.1 For purposes of this paragraph, the term "structural alterations" shall have be interpreted consistent with the right, from time to timeusual and customary definition of that term in the construction industry and shall include without
6.5.2 Lessee shall not, without LESSOR’s Lessor's prior written consent, make any alteration, improvement or addition (collectively hereafter "Alterations") in, or about the Premises, except for nonstructural Alterations not exceeding $_________ in cumulative costs during any twelve (12) month period.
6.5.3 Lessor may at its sole option require Lessee remove Alterations at the expiration of the term, and restore the Premises to their prior condition. Alterations which Lessor does not require to be removed shall immediately become the property of Lessor upon completion of the work.
6.5.4 Should Lessee make interior any Alterations, without the prior approval of Lessor, Lessor may require Lessee remove any or all of same in addition to any other remedy.
6.5.5 Any alterations, improvements and/or improvements, additions in and to or utility installations in, or about the Premises that will have no effect on Lessee shall desire to make and which requires the roofconsent of Lessor shall be presented to Lessor in written form, foundation or other structural elements with proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring all permits required by governmental agencies to do the work, the furnishing of a copy of each such permit to Lessor prior to the commencement of the Premises (work, and the “Building Structure”) compliance by Lessee of all conditions of each permit in a prompt and will have no adverse effect on expeditious manner.
6.5.6 Lessor's approval of Alterations, if required, shall not be unreasonably withheld or delayed if such Alterations do not materially adversely affect in the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving reasonable exercise of Lessor's judgment the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior appearance of the Premises or may have the value of the Premises, the Lessor's ability to release the Premises, the structural integrity of the building or its systems and conforms to the requirements of all building codes and other applicable laws, regulations and CC&R's, Legal Requirements and Contractual Obligations.
6.5.7 All improvements, additions, installations and other Alterations (whether or not Lessor's approval is required) shall be expeditiously completed in a material adverse effect good and workmanlike manner and in compliance with all applicable Legal Requirements and applicable insurance requirements. Lessee shall pay the increased premium, if any, charged by the insurance companies carrying insurance policies on the Building System only Premises, to cover the additional risk during the course of such work. Lessee shall provide Lessor upon request with evidence of payment for all work done within ninety (90) days after completion thereof.
6.5.8 If Lessor's approval of the Alteration is required, the work shall be completed substantially in accordance with the plans and specifications approved by Lessor. If Lessee proposes to demolish existing improvements on the Premises that are part of the realty, or if the estimated cost to complete the Alteration would exceed $250,000 (or such other threshold as Lessor's first obtaining Mortgagee may require for this purpose), Lessor may require that Lessee deposit with Lessor, or with an institutional depository selected by Lessor and reasonably approved by Lessee (the prior written consent "Depository"), such funds or security as Lessor may reasonably require to assure the performance and completion of LESSORthe work and payment of the costs of construction. Lessor will authorize release of the security or funds in the same manner as draws on a construction loan are customarily made.
6.5.9 Lessor and Lessor's first Mortgagee will be named as additional insureds and as dual obligees on all insurance and bonds obtained in connection with any Alteration.
6.5.10 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, which consent claims are or may be secured by any construction lien against the Premises or any interest therein. Lessee shall give Lessor not less than 10 days' notice prior to the commencement of any work in or on the Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Lessor or the Premises. If Lessor shall require, Lessee shall post a surety bond and comply with the other requirements of ORS 87.076 et seq. (or subsequent corresponding provisions) so that the Premises shall be entirely free of any such lien and shall in no way be involved in any subsequent proceedings. If any claimant seeks a personal judgment against Lessor for labor or materials provided at the request of Lessee, then Lessee shall pay Lessor's attorney's fees and costs in participating in such action, if Lessor shall decide it is in its best interest to do so.
6.5.11 Unless Lessor requires their removal, as set forth herein above, all alterations, improvements, additions and utility installations which may be made on the Premises, shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this subparagraph, Lessee's machinery and equipment, other than that which is affixed to the Premises so that it cannot be
6.5.12 In addition to the insurance requirements set forth in Section 8.2 during the period of construction of any Alterations, Lessee and Lessee's contractors shall maintain Worker's Compensation, Builders All Risk and Public Liability Insurance and such other insurance as Lessor may reasonably require in an amount satisfactory to Lessor. All policies shall have coverage limits and be underwritten by such companies as Lessor shall approval, such approval shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws withheld and shall at once when made or installed be deemed name Lessor as an additional insured thereunder. Before commencement of any Alteration, Lessee and Lessee's general contractor shall deliver certificates of all such insurance polices to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLessor.
Appears in 1 contract
Sources: Lease (Gi Joes Inc)
ALTERATIONS AND ADDITIONS. LESSEE a. Tenant shall have the right, from time not make or suffer to time, without LESSOR’s consent, to make interior be made any alterations, additions, or improvements and/or additions in and to the Premises that will have no effect or on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on any part thereof without the Building System only after first obtaining the prior written consent of LESSORLandlord first had and obtained, which consent shall not be unreasonably withheldand any alterations, conditioned, delayed or denied. All such approved additions, alterations or improvements to or on said Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the term become a part of the realty and belong to Landlord and shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance surrendered with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages Landlord consents to either persons or Premises arising out of, or resulting from the undertaking or making of said any alterations, additions, and improvements. Notwithstanding anything or improvements to the contrary set forth hereinPremises by Tenant, LESSEE the same shall have the right, without LESSOR’s consent be made by Tenant at Tenant's sole cost and expense; and any contractor or approval, person selected by Tenant to make non-structural alterations the same must first be consented to in writing by Landlord. Upon the expiration or sooner termination of less than $50,000 this Lease after a default by Tenant, Tenant shall, upon written demand by Landlord given at least thirty (30) days prior to the date by which such work is to be completed, at Tenant's sole cost and expense forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant designated by Landlord to be removed; and Tenant shall, forthwith and with all due diligence at its sole cost and expense, repair any damage to the Premises caused by such removal.
b. Tenant desires to install camera equipment (the "Equipment") on the roof of the Building. The equipment may be installed only pursuant to plans and specifications approved by Landlord and in any instanceaccordance with paragraphs 10.a and 12 of this Lease.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE A. Except as provided in Article 7, Sublessee shall have the right, from time to timenot, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORLessor, which consent shall not be unreasonably withheldFirst Sublessor or Sublessor, conditionedmake any alterations, delayed or denied. All such approved additionsdecorations, alterations additions or improvements in or to the Premises.
B. Sublessee covenants and agrees that all work done by Sublessee shall be performed in accordance full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all government agencies, offices and departments having jurisdiction. Sublessee further covenants and agrees that any mechanic's lien filed against the Premises or the Building for work claimed to plans have been done for, or materials claimed to have been furnished to Sublessee, will be discharged by Sublessee, by bond or otherwise, within thirty (30) days after the filing thereof, at the cost and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedexpense of Sublessee. All alterations, improvementsdecorations, and additions to or improvements upon the Premises shall be Premises, made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have by Sublessee shall, unless Sublessee elects otherwise, become the property of LESSOR Lessor, as provided in the Master Sublease, and shall remain for upon, and be surrendered with the benefit of LESSOR Premises, as a part thereof, at the end of the Term Term.
C. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Sublessee or other earlier installed by Sublessee at its expense in the Premises (collectively, "Sublessee's Property") shall be and remain the property of Sublessee and may be removed by Sublessee at any time during the Term, provided Sublessee is not in default hereunder, and provided further that Sublessee shall repair any damage caused by such removal. If Sublessee shall fail to remove all Sublessee's Property from the Premises upon termination of this Lease. Any equipment installed by LESSEE during Sublease for any cause whatsoever, Lessor, First Sublessor or Sublessor may, at its option, remove the Term same in any manner that Lessor, First Sublessor or Sublessor shall at LESSEE’s election be removed at the expiration choose, and store said effects without liability to Sublessee for loss thereof, and Sublessor agrees to pay Lessor or termination of this Lease or shall remain at the Premises. In the event of making such alterationsSublessor, improvementsas appropriate, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from upon demand any and all expensesexpenses incurred in such removal and restoration, liensincluding court cost, claimsand attorneys' fees and storage charges for any length of time that Sublessee's Property shall be in Lessor's, First Sublessor's or Sublessor's possession, or damages to either persons Lessor or Premises arising out ofSublessor may at its option, without notice, sell Sublessee's Property, or resulting from any of the undertaking same, at private sale and without legal process, for such price as Lessor, First Sublessor or making Sublessor may obtain and apply the proceeds of said alterationssuch sale against any amounts due Lessor, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent First Sublessor or approval, to make non-structural alterations of less than $50,000 in any instanceSublessor.
Appears in 1 contract
Sources: Sublease (Jb Oxford Holdings Inc)
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have not make, or suffer to be -------------------------- made, any alterations, improvements, or additions in, on or about, or to the right, from time to timePremises or any part thereof, without LESSOR’s consentthe prior written consent of Lessor, and without a valid building permit issued by the appropriate governmental authority. Lessor retains, at his sole option, the right to make interior perform all repairs, alterations, improvements and/or or additions in in, or 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 termination of this Lease, and to restore the Premises that will have no effect on to their prior condition. Any alteration, addition, or improvement to the roofPremises, foundation or other structural elements except movable furniture and trade fixtures not affixed to the Premises, shall become the property of the 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 “Building Structure”term to require Lessee to remove any alterations, additions or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall restore the Premises to the condition designated by Lessor in its election, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Alterations and will have no adverse effect on the additions, which are not to be deemed as trade fixtures include heating, ventilatinglighting, electrical systems, air-conditioning, plumbingpartitioning, electricalelectrical signs, mechanical and carpeting or any other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior installation which has become an intregal part of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of Lessor consents to Lessee's making such any alterations, improvementsimprovements or additions, and/or additions as herein providedLessee shall notify Lessor in writing at least fifteen (15) days prior to commencing work and Lessee shall be responsible for the timely posting of notices of non-responsibility on Lessor's behalf, LESSEE providing that Lessor shall indemnify be responsible for executing and save harmless LESSOR from any recording said notices and all expensesdelivering the same to Lessee for posting, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Notwithstanding anything Lessee's failure to notify Lessor within the contrary set forth hereintime period provided in the preceding sentence shall be a breach of this Lease. If, LESSEE during the term hereof, any alteration, change or 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 law, regulation, ordinance or order of any public agency, Lessee, at its sole cost and expense, shall have promptly make the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancesame.
Appears in 1 contract
Sources: Lease (Identix Inc)
ALTERATIONS AND ADDITIONS. LESSEE (a) The Landlord shall have the right at any time to enter the Premises to examine and inspect the same, or to make such repairs, additions, or alterations as it may deem necessary or proper for the safety, improvement or preservation thereof, and shall at all times have the right, at its election, to make such alterations or changes to other portions of said building as it may from time to time, without LESSOR’s consent, to time deem necessary and desirable.
(b) Tenant shall make interior alterations, improvements and/or additions no alterations in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises without first obtaining the written consent of Landlord, and all additions or improvements made by the Tenant (with the sole exception of the addition or removal of movable office furniture) shall be made in accordance with all applicable laws deemed a part of the real estate and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR permanent structure thereon and shall remain for the benefit of LESSOR upon and be surrendered with said Premises as a part thereof at the end of the Term said term, by lapse of time, or otherwise. In the event Tenant engages persons or companies other earlier termination than Tenant (or Tenant's employees) to improve, construct, remodel or alter the Premises, after obtaining Landlord's consent to so improve, construct or alter the Premises, Tenant shall notify the Landlord in writing (10) ten days before it engages said persons or companies of the names and addresses of all persons supplying labor or materials or both, and the date of commencement of construction, so that Landlord may avail itself of the provisions of statues such as C.R.S. 38-22-105 (2).
(c) In the event t▇▇ ▇▇▇▇▇▇es have previously been occupied, but Landlord has agreed to perform remodeling work thereon, such provisions shall be set forth on a separate attachment, hereto, to be executed between Landlord and Tenant. Other than as set forth in such separate attachment, hereto, Landlord shall have no obligation for the completion or remodeling of the Premises, and Tenant shall accept the Premises in their "as is" condition on the date of the commencement of the term of this Lease. Any equipment installed by LESSEE In any event, Landlord shall not have any obligation for the repair ore placement of any portions of the interior of the Premises which are damaged or worn out during the Term shall at LESSEE’s election be removed at term hereof, regardless of the expiration cause therefore including, but not limited to carpeting, draperies, window coverings, wall covering, painting or termination any of this Lease Tenant's property or shall remain at betterments in the Premises. In the event Tenant shall be responsible for maintenance of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify exterior and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceinterior glass.
Appears in 1 contract
Sources: Business Lease (PSC Inc)
ALTERATIONS AND ADDITIONS. LESSEE A. Lessee may, at its own cost and expense, install additional improvements other than Lessor's Work or Lessee's Work, ("Alterations and Improvements") upon the Premises, provided that such Alterations and Improvements shall have not adversely affect the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in roof and to the Premises that will have no effect on the roof, foundation or other structural elements soundness of the Premises (the “Building Structure”) Premises, or any Systems contained therein.
B. All such Alterations and will have no adverse effect on the heatingImprovements shall be in accordance with plans and specifications to be supplied by Lessee, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after which plans shall in all instances first obtaining the be subject to Lessor's prior written consent of LESSORapproval, ("Lessor's Approval") which consent shall not be unreasonably withheldwithheld or delayed. Lessee shall provide Lessor with evidence that each contractor performing Alterations and Improvements on the Premises has adequate workmen's compensation insurance and general liability insurance in the amount of at least Two Million Dollars ($2,000,000.00) for bodily injury or death to any person or persons and property damage, conditionedon an occurrence basis, delayed or denied. All such approved additions, alterations or improvements together with a certificate from the insurer who shall be in accordance reasonably satisfactory to plans Lessor, to the effect that such insurance may not be cancelled or substantially modified without at least thirty (30) days' prior written notice to Lessor. Lessor's Approval is intended solely for purposes of this Paragraph 24, to provide Lessor with notice of all Alterations and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvementsImprovements, and additions the opportunity to reject any adverse effect on Lessor's obligations under this Lease. Lessor's Approval shall not signify approval by Lessor of the design or functionality of any Alterations and Improvements and shall not confer any rights whatsoever on third parties.
C. To the extent permitted by law, no Alterations or Improvements at the Premises shall be made done except after filing a waiver of the right to file any lien therefor (commonly known as "mechanic's lien") in accordance the local prothonotary's office or elsewhere as provided by law, so as to constitute an effective waiver by anyone having a right to file such a lien.
D. As to Alterations and Improvements installed with prior Lessor's Approval (except Lessor's Work and such portions of Lessee's Work not designated for removal in Exhibit "B"), Lessee may, or at Lessor's demand, shall remove all applicable laws Alterations and Improvements prior to the end of the term of this Lease and Lessee shall at once when made or installed its own cost and expense, return the Premises to its condition as of the Lease Commencement Date, ordinary wear and tear and damage by insured casualty excepted. In the event, in violation of subparagraph B hereof, Lessee installs Alterations and Improvements upon the Premises without prior Lessor's Approval, Lessee shall remove all Alteration's and Improvements prior to the end of this Lease, at its own cost and expense, returning the Premises to its condition as of the Lease Commencement Date. In the event Lessee shall fail to remove the Alterations and Improvements and restore the Premises, as herein provided, Lessor shall have the right to go upon the Premises and do so, and Lessee agrees to pay the cost thereof as Additional Rent. Additionally, Lessor may decline to accept surrender of the Premises by Lessee so long as such Alterations and Improvements have not been removed and until removal of the same, Lessee shall be deemed to have attached held over under the provisions of paragraph 2(B), supra.
E. If as a result of any Alterations and Improvements which may be made to the freehold Premises by the Lessee, either pursuant to this clause or without Prior Lessor's Approval, any person and/or property shall be injured and/or damaged, the liability therefor shall be the sole responsibility of Lessee.
F. In making any Alterations and to have become the property of LESSOR and Improvements, Lessee shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from comply with any and all expenseslaws, liensstatutes, claimsordinances, or damages to either persons or Premises arising out ofrules, or resulting from regulations and requirements of the undertaking or making of said alterations, additions, municipal and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceother duly constituted governmental authorities and insurance organizations.
Appears in 1 contract
Sources: Lease Agreement (Dataram Corp)
ALTERATIONS AND ADDITIONS. LESSEE shall have the right(a) Alterations, from time to timeimprovement, without LESSOR’s consentadditions, to make interior alterations, improvements and/or additions in and utility installations or removal of any fixtures may not be made to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLessor, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, and additions or utility installations to the Premises shall be made in accordance with all applicable laws Premises, excepting movable furniture and shall machinery and trade fixtures, shall, at once when made or installed be deemed to have attached to the freehold and to have Lessor's option, become the property of LESSOR and shall remain for the benefit of LESSOR at the end part of the Term realty and belong to Lessor upon the expiration or other earlier termination of this Lease. Any However, this shall not prevent Lessee from installing trade fixtures, machinery, or other trade equipment installed in conformance with an applicable ordinances, regulations and laws. Lessee shall keep the Premises, the building in which the Premises are located, and the land on which the Premiers are situated free from any lien. arising out of any work performed for, material furnished to, or obligations incurred by LESSEE the Lessee. It is further understood and agreed that under no circumstance is the Lessee to be deemed the agent of the Lessor for any alteration, repair, or construction within the Premises, the same being done at the sole expense of the Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to the Lessee for the payment of any charge for work done and materials furnished upon the Premises during the Term shall Term.
(b) Upon the expiration or sooner termination of the Term, Lessee shall, upon written demand by ▇▇▇▇▇▇, at LESSEE’s election ▇▇▇▇▇▇'s sole expense, with due diligence, remove any alteration, addition or improvement made by Lessee, designated by Lessor to be removed (except the Leasehold Improvements described in Exhibit "B"), and repair any damage to the Premises caused by such removal. Lessee shad remove an of its movable property and trade fixtures which can be removed without damage to the Premises at the expiration or earlier termination of this Lease and shall pay Lessor for Al damages from injury to the Premises or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or Project resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancesuch removal.
Appears in 1 contract
Sources: Standard Commercial Industrial Triple Net Lease (Titan Motorcycle Co of America Inc)
ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to timenot, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the 's prior written consent of LESSORconsent, which consent shall not be unreasonably withhelddenied or delayed, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All make any structural alterations, improvements, additional or utility installations in, on or about the Premises. The terms "utility installations" shall include bus ducting, power panels, fluorescent fixtures, conducts and wiring. As a condition to giving such consent, LESSEE shall provide to LESSOR copies of the drawings or plans of the proposed structural alterations, improvements, additions or utility installations to be done; also, LESSOR may require that LESSEE agree to remove any such alterations, improvements, additions or utility installations at the expiration of the Term or Extended Terms and to restore the Premises to their prior conditions and furthermore, may require or prescribe any other reasonable condition or requirement which shall be set forth in the notice granting the consent.------------------------------------------------------------------------ ---All alterations, improvements, additions and utility installations, which may be made to or on Premises, to the Premises extent that such alterations, improvements, additions or utility installations are not removable by LESSEE, without damaging the Premises, shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and remain upon and be surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this Paragraph, LESSEE's machinery and equipment, other than that which is affixed to the Leased premises so that it cannot be removed without material damage to the Premises, shall remain the property of LESSEE and may be removed by LESSEE subject to the provisions of this paragraph.------------------ ---Notwithstanding the "as is" nature of the Lease, LESSOR shall remain liable and responsible for the benefit of LESSOR at the end maintenance and repair of the Term or other earlier termination structure, systems, walls and roof of this Lease. Any equipment installed by LESSEE the Premises and remedy and repair such defects as arise of become known during the Term shall at and Extended Term of this Lease.-------------------------- ---LESSOR represents and warrants that the Premises are in good order and condition and ready for their intended use by LESSEE’s election be removed . LESSOR also represents and warrants that the Premises and all accessory parts thereof are in working conditions and subject to receive from the appropriate utility company all necessary utilities, such as water, telephone and electricity. LESSOR also represents that the air-conditioning unit unit currently installed at the expiration or termination Premises is in good order and condition; shall be LESSEE's responsibility to maintain and repair, from time to time, said air-conditioning unit, including the replacement of this Lease or shall remain at the Premises. In the event machinery parts of making such alterationsair-conditioning unit, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.if necessary.----------------------------------------------------------------------
Appears in 1 contract
ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to time, without LESSOR’s consent, to make interior be made any alterations, improvements and/or or additions in and in, on, or about, or to the Premises that will have no effect on the roofor any part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor and without a valid building permit issued by the appropriate governmental authority. Lessor retains, which consent shall not be unreasonably withheldat his sole option, conditionedthe right to retain a General Contractor of his own choosing to perform all repairs, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All 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 termination of this Lease, and additions to restore the Premises to their prior condition. Any alteration, addition, or improvement to the Premises Premises, shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor upon installation, and shall remain for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during Lessor can elect, however, within thirty (30) days before expiration of the Term shall at LESSEE’s election be removed at the expiration term or within five (5) days after termination of this Lease the term, to require Lessee to remove any alterations, additions, or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall remain at restore the Promises to the condition designated by Lessor in its 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, partitioning, electrical signs, carpeting, or any other installation which has become an integral part of the Premises. In the event of that Lessor consents to Lessee's making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify and save harmless LESSOR from any and all expensesbe responsible for the timely posting of notices of non-responsibility on Lessor's behalf, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.or
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Sources: Lease (SCM Microsystems Inc)