ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions to the Premises. If Landlord consents to any alterations, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition walls.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than with respect a. Lessee's Alterations. Lessee shall not make or suffer to be made any -------------------- alterations, additions, changes or improvements (collectively, "Alterations") to or of the Tenant Work (including the Tenant Work listed on Exhibit A hereto)Premises, Tenant shall not, or any part thereof without the Lessor's prior written consent of Landlordconsent, which consent shall not not, except as otherwise expressly provided in the Lease, be unreasonably withheldwithheld subject, delayed or conditionedhowever, make any alterationsto Addendum 12 attched hereto. Lessor may impose, improvements or additions as a condition to the aforesaid consent, such requirements as Lessor may deem necessary in its sole and reasonable discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; the requirement that Lessee post a completion bond in an amount and form satisfactory to Lessor; the requirement that Lessee reimburse Lessor, as additional rent, for Lessor's reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor's consent is granted; and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to Lessor, subject, however, to Addendum 13 attached hereto. If Landlord Lessor consents to any alterationsAlterations to the Premises by Lessee, improvements or additions, then Landlord may impose such reasonable conditions the same shall be made by Lessee at Lessee's sole cost and expense in accordance with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for approved by Lessor. Any such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, Alterations made by Lessee shall be performed at Tenant's cost in accordance with all applicable laws, ordinances and expense by contractors hired by Tenant codes and reasonably approved by ▇▇▇▇▇▇▇▇in a first class workmanlike manner, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against weaken or impair the structural strength or lessen the value of the Building, shall not invalidate, diminish, or adversely affect any warranty applicable to the Premises Building or Tenant's leasehold interest. Tenant shall cause any such lienother improvements located within the Project, if filedincluding any equipment therein, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) manner causing Lessor and shall comply with all insurance requirements Lessor's agents and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment other tenants of the Building by Landlord the least interference and other tenantsinconvenience practicable under the circumstances. In making any such Alterations, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, TenantLessee shall, at TenantLessee's sole cost and expense:
(i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, and
(ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility.
(iii) Provide copies of all drawings and specifications prior to commencement of construction of any Alterations. In no event shall remove same and repair Lessee make or suffer to be made any damage by Alteration to the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any mechanical or utility systems of the initial alterations or improvements made Building, to the Premises and constituting Common Area or the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenantstructural portions of the Building or any part thereof without Lessor's prior written consent, but not including electrical improvements, plumbing improvements and partition wallswhich consent may be withheld in Lessor's sole discretion.
Appears in 1 contract
Sources: Office Lease (Inktomi Corp)
ALTERATIONS AND ADDITIONS. Other than with respect a. Tenant shall not make any additions, alterations or Improvements to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without obtaining the prior written consent of Landlord. Landlord's consent may be conditioned on Tenant's removing any such additions, which consent shall not be unreasonably withheld, delayed alterations or conditioned, make any alterations, improvements or additions upon the expiration of the Term and restoring the Premises to the Premisessame condition as on the date Tenant took possession. If Landlord consents All work with respect to any alterationsaddition, improvements alteration or additionsimprovement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, then and such work shall be diligently prosecuted to completion. Landlord may impose may, at Landlord's option, require that any such reasonable conditions with respect thereto as Landlord deems appropriatework be performed by Landlord's contractor, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities in which may arise out case the cost of such work and plans and specifications and permits necessary shall be paid for such before commencement of the work. The Tenant shall pay to Landlord upon completion of any such work necessary by Landlord's contractor, an administrative fee of fifteen percent (15%) of the cost of the work.
b. Tenant shall pay the costs of any work done on the Premises pursuant to make any alterationsSection 12a, improvements or additions to and shall keep the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost Building and expense by contractors hired by Tenant Project free and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion clear of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence liens of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlordkind. Tenant shall indemnify, defend against and hold keep Landlord free and harmless from all liability, loss, damage, costs, damagesattorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, liens and expenses related to any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work performed by Tenant. All work performed by which a claim or lien may be filed, Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment give Landlord notice of the intended commencement date a sufficient time before that date to enable Landlord to post notices of non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building by Landlord and other tenantsor the Project, and Landlord shall have the right to enter the Premises and post such notices at any reasonable time.
c. Landlord may require require, at Landlord's sole option, that all or Tenant provide to Landlord, at Tenant's expense, a portion lien and completion bond in an amount equal to at least one and one-half (1 1/2) times the total estimated cost of such work be performed outside normal business hours. All any additions, alterations, fixtures and alterations or improvements (temporary to be made in or permanent) in and upon to the Premises, whether installed to protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and Project free of all liens.
d. Unless their removal is required by Tenant or LandlordLandlord as provided in Section 12a, all additions, alterations and improvements made to the Premises shall become Landlord's property, and shall remain upon, the property of Landlord and be surrendered with, with the Premises without disturbance or injury upon the termination expiration of this Lease by lapse of time or otherwisethe Term; provided, all without payment or credit to however, Tenant's equipment, exclusive of Tenant’s machinery and trade fixtures and equipment which can be removed without damage to the Premises shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; providedremoved, however that, solely subject to the extent the same is an express condition provisions of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsSection 13b.
Appears in 1 contract
Sources: Office Lease (Valuestar Corp)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant a) Lessee shall not, without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements improvements, or additions to the Premisespremises. If Landlord Lessor consents to any alterations, improvements improvements, or additions, then Landlord Lessor may impose such reasonable conditions with respect thereto as Landlord Lessor deems appropriate, including, without limitation, requiring Tenant Lessee to furnish Landlord Lessor with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements improvements, or additions to the Premisespremises, whether prior to or subsequent to the Commencement Date, shall be performed done at TenantLessee's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇Lessor, or the Company, except to the - extent Landlord Lessor gives its prior written consent to TenantLessee's hiring Tenant's its own contractors, which consent shall be solely within Lessor's discretion. If Lessor shall so desire, Lessee shall submit to Lessor's or the reasonable supervision of Lessee's work at Lessee's expense. Lessee shall also pay Lessor for all other costs and expenses arising in connection with such work, including, without limitation, additional janitorial, elevator, security, and utility expense. Lessee shall promptly pay to Lessor or the Lessee's contractors, as the case may be, when due, the cost of all such work, supervision, and other charges.
(b) Upon completion of such work, or from time to time as Landlord Lessor may reasonably require, Tenant Lessee shall deliver to LandlordLessor, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services services, or materials, materials all in form reasonably satisfactory to LandlordLessor. Tenant Lessee shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord Lessor harmless from all costs, damages, liens and expenses related to such work. Lessee further covenants and agrees not to suffer or permit any mechanics or materialmen liens or any other liens to be placed against the Building or premises with respect to work or services claimed to have been performed by Tenantfor, or materials claimed to have been furnished to, the Lessee or the premises. If any lien shall at any time be filed against the Building or premises in connection with such work, services, or materials, Lessee shall immediately cause it to be released and removed of record. If Lessee fails to do so, Lessor may, at Lessor's option, cause the same to be released and removed of record using funds from the security deposit provided for in Paragraph 6 of this Lease. If such funds are insufficient for such purpose, Lessor may, at Lessor's option, advance such additional funds for such purpose. In addition to Lessee's obligation to replenish the security deposit as provided in ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ shall immediately, upon demand, pay Lessor the amount of any such additional funds so advanced.
(c) All work performed done by Tenant Lessee, or its contractors contractors, pursuant to this Lease shall be performed done in a good, first class workmanlike manner, manner using only first quality good grades of materials (consistent with the existing quality of materials) , and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord Lessor and other tenants, and Landlord Lessor may require that all or a portion of such work be performed outside normal business hours. All Subject to Lessor's option contained in the second sentence of subparagraph a) of this Paragraph 13, all additions, alterations, fixtures fixtures, and improvements (temporary or permanent) in and upon the Premisespremises, whether installed by Tenant Lessee or LandlordLessor, shall become LandlordLessor's property, and shall remain upon, and be surrendered with, with the Premises premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsLessee.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than with respect Lessee shall not make or suffer to be made any alterations, additions, or improvements of over $7,000 per year to or of the Tenant Work (including the Tenant Work listed on Exhibit A hereto)Premises, Tenant shall notor any part thereof, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make any Lessor. Any alterations, additions, or improvements to or additions of said Premises, including, but 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 Lessor, and shall be surrendered with the Premises. If Landlord consents Before such consent will be given, Lessee shall submit detailed specifications, floor plans and necessary permits (if applicable) to Lessor for review. In no event shall any alterations or improvements affect the structure of the Building or its facade. As a condition to its consent, Lessor may request adequate assurance that all contractors who will perform such work have in force workers' compensation, and such other employee and public liability insurance as Lessor deems necessary to supplement the insurance coverage provided for in paragraph 20 below, and where the alterations, improvements or additions, then Landlord or improvements are material, Lessor may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant require Lessee or its contractors pursuant to this Lease post adequate completion and performance bonds. In the event Lessor consents to the making of any alteration, additions, or improvements to the Premises by Lessee, the same shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building made by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, Lessee at TenantLessee's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made completed to the Premises satisfaction of Lessor, and constituting any contractor or person selected by Lessee to make the Tenant Work hereunder except for lab same must first be approved in writing by Lessor. In the event Lessor is required to make modifications to the Building as the result of any rules, regulations, or laws promulgated by any governmental entity after the Commencement Date, such compliance by Lessor and manufacturing related improvements installed by Tenantthe making of such alterations shall in no event entitle Lessee to any damages, but not including electrical improvementsrelieve Lessee of its obligation to pay Rent, plumbing improvements and partition wallsor be construed as a constructive eviction of Lessee.
Appears in 1 contract
Sources: Lease (Business Objects Sa)
ALTERATIONS AND ADDITIONS. Other than with respect a. Tenant shall not make any additions, alterations, or improvements to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make except that Landlord's consent may be conditioned on Tenant's removing any alterationssuch additions, alterations or improvements or additions upon the expiration of the Term and restoring the Premises to the Premisessame condition as on the date Tenant took possession, normal wear and tear and casualty loss excepted. If Landlord consents All work with respect to any alterationsaddition, improvements alteration or additionsimprovement shall be done in a good and workmanlike manner by properly qualified licensed personnel approved by Landlord, then and such work shall be diligently prosecuted to completion. Landlord may impose may, at Landlord's option, require that any such reasonable conditions with respect thereto as Landlord deems appropriatework be performed by Landlord's contractor, includingprovided that Tenant shall be at no additional cost in connect therewith, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities in which may arise out case the cost of such work and plans and specifications and permits necessary shall be paid for such before commencement of the work. The Tenant shall pay to Landlord upon completion of any such work necessary by Landlord's contractor, an administrative fee of five percent (5%) of the cost of the work.
b. Tenant shall pay the cost of all work done on the Premises pursuant to make any alterations, improvements or additions to Section 12a and shall keep the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost Building and expense by contractors hired by Tenant Project free and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion clear of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence liens of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlordkind. Tenant shall indemnify, defend and hold keep Landlord free and harmless from all liability, loss, damage, costs, damagesattorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, liens and expenses related to any additions or improvements which are or become the property of the Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work performed by Tenant. All work performed by for which a claim or lien may be filed, Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment give Landlord notice of the intended commencement date, sufficiently before that date to enable Landlord to post notices of non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building by Landlord and other tenantsor the Project, and Landlord may require that all or a portion of shall have the right to enter the Premises and post such work be performed outside normal business hours. All notices at any reasonable time.
c. For any additions, alterationsalterations or improvements that cost in excess of $25,000, fixtures Landlord may require, at Landlord's sole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (1-1/2) times the total estimated cost of any additions, alterations or improvements (temporary to be made in or permanent) in and upon to the Premises, whether installed to protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and Project free of all liens.
d. Unless their removal is required by Tenant or LandlordLandlord as provided in Section 12a, all additions, alterations and improvements made to the Premises shall become Landlord's property, and shall remain upon, the property of the Landlord and be surrendered with, with the Premises without disturbance or injury upon the termination expiration of this Lease by lapse of time or otherwisethe Term; provided, all without payment or credit to however, that Tenant's equipment, exclusive of Tenant’s machinery and trade fixtures and equipment which can be removed without damage to the Premises shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; providedremoved, however that, solely subject to the extent the same is an express condition provisions of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsSection 13b.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant a) Lessee shall not, without the Lessor’s prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditionedconsent, make any alterations, improvements improvements, additions, or additions Utility Installations in, on, or about the Premises, or the Industrial Center, except for nonstructural alterations to the PremisesPremises not exceeding $5,000 per occurrence, during the term of this Lease. If Landlord consents In any event, whether or not in excess of $5,000 per occurrence, Lessee shall make no change or alteration to the exterior of the Premises nor the exterior of the Building nor the Industrial Center without Lessor’s prior written consent. As used in this paragraph 7.3 the term “Utility Installation” shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Lessor may require that Lessee remove any or all of said alterations, improvements or improvements, additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriateor Utility Installations at the expiration of the term hereof, including, without limitation, requiring Tenant and restore the Premises and the Industrial Center to furnish Landlord with insurance against liabilities which may arise out their prior condition. At the time of such work and Lessor’s approval of Lessee’s final plans and specifications and permits necessary for set forth in Exhibit B or upon Lessor’s approval of Lessee’s Utility Installations, Lessor shall advise Lessee in writing of whether Lessee will be required to remove such workimprovements or Utility Installations at the time the Lease terminates or expires by its terms. The work necessary If Lessor does not advise Lessee of such removal requirement, then Lessee shall not be required to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractorssuch removal. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord Lessor may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit Lessee to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenantprovide Lessor, at Tenant's Lessee’s sole cost and expense, shall remove same a lien and repair completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any damage by liability for mechanics and materialmen’s liens, and to insure completion of the original installation and/or removal thereofwork. Notwithstanding Should Lessee make any alterations, improvements, additions, or Utility Installations without the foregoingprior approval of Lessor, it is understood and agreed Lessor may, at any time during the term of this Lease, require that Tenant shall not be obligated to Lessee remove any or all of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallssame.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than with respect Tenant shall not make, or suffer to be made, any alteration or addition to the Tenant Work (including the Tenant Work listed on Exhibit A hereto)Premises, Tenant shall notor any part thereof, without the prior written consent of Landlord first had and obtained by Tenant (such consent not to be unreasonably withheld). but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. Landlord reserves the right to approve all contractors and mechanics proposed by Tenant to make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises. All heating, which consent lighting, electrical, air conditioning, partitioning, drapery, carpeting, and floor installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be unreasonably withheld, delayed or conditioned, deemed trade fixtures. Tenant agrees that it will not proceed to make any alterations, improvements or additions to the Premises. If Landlord consents to any alterations, improvements such alterations or additions, then without having obtained consent from Landlord to do so, and until FIVE (5) DAYS from the receipt of such consent, in order that Landlord may impose post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all times permit such reasonable conditions with respect thereto as Landlord deems appropriatenotices to be posted and to remain posted until the completion of work. Tenant shall, includingif required by Landlord, without limitationsecure at Tenant's own cost and expense, requiring Tenant a completion and lien indemnity bond, satisfactory to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary Landlord, for such work. The Tenant further covenants and agrees that any mechanic's lien filed against the Premises for work necessary claimed to make any alterationshave been done for, improvements or additions materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within TEN (10) DAYS after the Premisesfiling thereof, whether prior to or subsequent to at the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except of Tenant. Any exceptions to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is foregoing must be made directly to contractors, evidence of payment, contractors' affidavits in writing and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand executed by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by both Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition walls.
Appears in 1 contract
Sources: Lease Agreement (Alliance Fiber Optic Products Inc)
ALTERATIONS AND ADDITIONS. Other than with respect (a) Tenant shall not make any additions, alterations or improvements to the Tenant Work Premises (including except for cosmetic or decorative items or interior, non-structural alteration to the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises) without obtaining the prior written consent of Landlord which may be granted or withheld in Landlord's sole and absolute discretion. Without limiting the grounds on which the Landlord may withhold its consent, Landlord's consent may be conditioned on Tenant's removing any such additions, alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion. Landlord may, at Landlord's option, require that any such work be performed by Landlord's contractor, in which consent shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions to case the Premises. If Landlord consents to any alterations, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out cost of such work and plans and specifications and permits necessary shall be paid for such before commencement of the work. The Tenant shall pay to Landlord upon completion of any such work necessary by Landlord's contractor, an administrative fee of ten percent (10%) of the cost of the work. Notwithstanding the foregoing, Landlord's Initial Work and Landlord's Additional Work shall be governed exclusively by Exhibit "C" attached.
(b) Tenant shall pay the costs of any work done on the Premises pursuant to make any alterationsSection 12(a), improvements or additions to and shall keep the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost Building and expense by contractors hired by Tenant Project free and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion clear of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence liens of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlordkind. Tenant shall indemnify, defend against and hold keep Landlord free and harmless from all liability, loss, damage, costs, damagesattorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, liens and expenses related to any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work performed by for which a claim or lien may be filed, Tenant shall give Landlord notice of the intended commencement date a sufficient time before that date to enable Landlord to post notices of non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building or the Project, and Landlord shall have the right to enter the Premises and post such notices at any reasonable time.
(c) Landlord may require, at Landlord's sole option, that Tenant provide to Landlord, at Tenant. All work performed by Tenant 's expense, a lien and completion bond in an amount equal to at least the total estimated cost of any additions, alterations or its contractors improvements to be made in or to the Premises for which Landlord's consent is required pursuant to this Lease shall be performed in a goodArticle 12, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) to protect Landlord against any liability for mechanic's and shall comply with all insurance requirements materialmen's liens and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment insure timely completion of the Building by Landlord and other tenants, and Landlord may require that all or a portion work. Nothing contained in this Section 12(c) shall relieve Tenant of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanentits obligation under Section 12(b) in and upon to keep the Premises, whether installed Building and Project free of all liens.
(d) Unless their removal is required by Tenant or LandlordLandlord as provided in Section 12(a), all additions, alterations and improvements made to the Premises shall become Landlord's property, the property of Landlord and shall remain upon, and be surrendered with, with the Premises without disturbance or injury upon the termination expiration of this Lease by lapse of time or otherwisethe Term; provided, all without payment or credit to however, Tenant's equipment, exclusive of Tenant’s machinery and trade fixtures which can be removed without damage to the Premises and equipment which all other Tenant's Property (as defined in Section 13(b) below) shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; providedremoved, however that, solely subject to the extent the same is an express condition provisions of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsSection 13(b).
Appears in 1 contract
Sources: Office Building Lease (Scoop Inc/Ca)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant a) Lessee shall not, without Lessor's prior written consent make any alterations, improvements, additions, Utility Installations or repairs in, on or about the Premises, or the Office Building Project without first obtaining the prior written consent of LandlordLessor as provided below. As used in this Paragraph 7.3 the term "Utility Installation" shall mean carpeting, which consent shall not be unreasonably withheldwindow and wall coverings, delayed power panels, electrical distribution systems, lighting fixtures, air conditioning, plumbing, and telephone and telecommunication wiring and equipment. At the expiration of the Term, Lessor may require the removal of any or conditioned, make any all of said alterations, improvements improvements, additions or additions Utility Installations, and the restoration of the Premises and the Office Building Project to the Premisestheir prior condition, at Lessee's expense. If Landlord consents Should Lessor permit Lessee to any make its own alterations, improvements improvements, additions or additionsUtility Installations, then Landlord may impose Lessee shall use only such reasonable conditions with respect thereto contractors as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably have been expressly approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenantsLessor, and Landlord Lessor may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit Lessee to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenantprovide Lessor, at TenantLessee's sole cost and expense, shall a lien and completion bond in the amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the term of this Lease, require that Lessee remove same and repair any damage by part or all of the original installation and/or removal thereofsame. Notwithstanding Lessee may however, make non-structural alterations to the foregoinginterior of the Premises costing less than Thirty Thousand Dollars ($30,000) per occurrence without obtaining Lessor's prior consent, it is understood and agreed that Tenant provided Lessee adhere to all other provisions of this Paragraph 7.3(a). Notwithstanding, the above Lessee's planned work as shown on Exhibit E shall not be obligated to remove any require removal or restoration at the expiration of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsTerm.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant a) Lessee shall not, without the Lessor's prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditionedconsent, make any alterations, improvements, additions, utility installations in or about the Premises, except for nonstructural alterations not exceeding $500 in cost. As used in this Paragraph 6.4 the term "utility installations shall include bus ducting, power panels, fluorescent fixtures, space heater conduits and wiring. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration of the term, and to restore the Premises to their prior conditions.
(b) All alterations, improvements or and additions to the Premisespremises shall be performed by Lessor's contractor or by another licensed general contractor mutually acceptable to Lessor and Lessee. If Landlord consents Lessee shall pay when due, all claims for labor or materials furnished to any alterations, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements Lessee at or additions to for use in the Premises, whether prior to which claims are or subsequent to the Commencement Date, shall may be performed at Tenantsecured by any mechanics' or materialmen's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed lien against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenantsinterest therein, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord Lessor shall have the right to require Tenant post notices of non-responsibility in or on the Premises as provided by law.
(c) Unless Lessor requires their removal pursuant to remove Paragraph 6.4 (a) hereof, all such conditionally approved tenant-alterations by no later than alterations, improvements and additions 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 or earlier termination of the lease Termterm.
(d) If Lessor, in which event, Tenant, at TenantLessor's sole cost discretion, should need or desire to do any alteration or remodeling in any space next to, above, or below premises, then Lessor shall have the right to enter into premises to do any and expenseall work needed, desired or wanted in such adjacent space. Lessor shall remove same be required to give Lessee twenty-four (24) hour notice and repair any damage by the original installation and/or removal thereofif such work should disrupt Lessee's business then Lessor shall do said work after normal business hours. Notwithstanding the foregoingLessee's premises shall be left in good, it is understood clean order and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsrepair.
Appears in 1 contract
Sources: Lease (Iown Holdings Inc)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make any a) Any alterations, improvements or additions in the Premises that Tenant shall desire to the Premisesmake in excess of $25,000.00 per calendar year shall be presented to Landlord in written form with proposed detailed plans prepared by a professional architect or engineer. If Landlord consents shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit from appropriate governmental agencies to any alterationsperform the work (if required), improvements or additionsfurnishing a copy thereof to Landlord prior to the commencement of the work, then and complying with all conditions of said permit in a prompt and expeditious manner. Prior to the commencement of the work, Tenant must obtain Landlord's written approval not to be unreasonably withheld as to (i) the contractor and subcontractors selected to perform such work, and (ii) if required by Landlord, a copy of payment and performance bonds acceptable to Landlord may impose such naming Landlord as obligee. All work shall be performed in a good and workmanlike manner. Tenant shall bear the reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out cost of inspection of such work and plans and specifications and permits necessary for by Landlord's representative. If such work is not performed as herein required, Landlord shall have the right to halt any further work and/or to require Tenant to either comply with such requirements or restore the Premises to their condition prior to such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon Following completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver furnish to Landlord a set of "as-built" drawings showing such alterations, additions or improvements to the extent such improvements can be reflected in such drawings. Landlord's consent or approval as required herein shall not be unreasonably withheld or delayed.
(b) Tenant shall pay, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialswhen due, all claims for labor or materials furnished to or for Tenant, at or for use in form reasonably satisfactory to Landlordthe Premises. Tenant shall give Landlord not permit less than ten days' notice prior to the commencement of any liens such work in the Premises, and Landlord shall have the right to post notices of nonresponsibility in or on the Premises. If any mechanic's or materialmen's lien shall be filed against the BuildingPremises, the Premises Building or any part of the Project for work done or claimed to have been done or materials furnished or claimed to have been furnished to or for the benefit of Tenant, Tenant shall discharge and release such lien of record within fifteen days thereafter at Tenant's leasehold interestexpense, by the payment of the amount claimed or by filing of a bond as prescribed by law. If Tenant shall cause any such lienfail to do so, if filedLandlord may (but shall not be obligated to) discharge the same, to and the cost thereof, including reasonable legal fees, shall be discharged of record or bonded over to Landlord’s satisfaction Additional Rent payable by Tenant within fourteen (14) three days after following demand by Landlord. Such discharge by Landlord shall not be deemed to waive or release the default of Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenantin not discharging the same. All work performed by Tenant or its contractors pursuant to No provision of this Lease shall be performed deemed to be the agreement or consent of Landlord to subject Landlord's interest in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant the Building or Landlordthe Project to any such liens.
(c) Unless Landlord requires their removal, all alterations, improvements and additions which may be made on the Premises, shall become Landlord's property, the property of Landlord and shall remain upon, upon and be surrendered with, with the Premises without disturbance or injury upon at the termination expiration of the Term. Notwithstanding the provisions of this Lease by lapse of time or otherwiseSection 9.3, all without payment or credit to Tenant's trade fixtures, exclusive of Tenant’s trade fixtures furnishings and equipment other than those which are affixed to the premises so that they cannot be removed without material damage to the Premises, and the items listed in Exhibit "B" shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely subject to the extent the same is an express condition provisions of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsSection 9.l(e ).
Appears in 1 contract
Sources: Lease (Exodus Communications Inc)
ALTERATIONS AND ADDITIONS. Other than with respect Lessee shall make no alterations, additions or improvements to the Tenant Work Premises or any part thereof (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, collectively “Alterations”) without obtaining the prior written consent of Landlordthe Lessor. Lessor’s consent to any Alterations that may damage or adversely affect the Building’s structure or the roof or the HVAC, which consent electrical, mechanical, plumbing, or life-safety equipment systems may be withheld in Lessor’s sole and absolute discretion. All Alterations shall not be unreasonably withheldin accordance with plans and specifications approved by Lessor and shall be carried out by a reputable licensed contractor and in compliance with all applicable laws, delayed or conditionedcodes, make any alterations, improvements or additions rules and regulations. The Lessor may impose as a condition to the Premisesaforesaid 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, and the times during which it is to be accomplished. If Landlord Upon written request of Lessor at the time it consents to any alterationsAlteration, improvements or additionsLessee shall, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work at its sole expense and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease TermLease, in which event, Tenant, at Tenant's sole cost and expense, shall remove same any such Alteration installed by or for Lessee and repair any damage by resulting from such removal. At Lessor’s request, Lessee also shall remove at its sole expense and prior to the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any expiration or earlier termination of the initial alterations or improvements Lease any Alterations that were made to without Lessor’s prior written consent and repair any damage resulting from such removal. All Alterations shall, upon completion, become part of the Premises and constituting the Tenant Work hereunder except for lab property of the Lessor. All Alterations not specified to be removed as set forth above shall at the expiration or earlier termination of the Lease remain upon and manufacturing related improvements installed be surrendered with the Premises. All movable furniture, business and trade fixtures, and machinery and equipment shall remain the property of the Lessee and may be removed by Tenantthe Lessee at any time during the Lease term. Items which are not to be deemed as movable furniture, business and trade fixtures, or machinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other installation which has become an integral part of the Premises. The Lessee will give the Lessor five (5) business days’ notice prior to the commencement of any Alterations work and will at all times permit notices of non-responsibility to be posted and to remain posted until the completion of Alterations. Notwithstanding anything to the contrary in this Section 9, Lessee may construct non-structural Alterations in the Premises without Lessor’s prior approval (but with at least ten (10) business days’ prior notice to Lessor), if (a) the cost of any such project does not including electrical improvementsexceed Twenty-Five Thousand Dollars ($25,000), plumbing improvements (b) such Alterations are entirely located in the interior of the Building, (c) do not adversely affect the Building’s HVAC, electrical, mechanical, plumbing, sprinklers or life-safety systems and partition wallsequipment, (d) do not require the issuance of a building permit, and (e) are not visible from the exterior of the Building.
Appears in 1 contract
Sources: Triple Net Lease (Iridex Corp)
ALTERATIONS AND ADDITIONS. Other than with respect Lessee shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions to the PremisesLessor. If Landlord consents any such alteration or addition is expressly permitted by Lessor, Lessee shall deliver at least twenty (20) days prior notice to Lessor, from the date Lessee intends to commence construction, sufficient to enable Lessor to post a Notice of Non-Responsibility. In all events, Lessee shall obtain all permits or other governmental approvals prior to commencing any alterations, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans deliver a copy of same to Lessor. All alterations and specifications additions shall be installed by a licensed contractor approved by Lessor, at Lessee's sole expense in compliance with all applicable Laws, CC&Rs, and permits necessary Lessor's rules and regulations. Lessee shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Lessee. As a condition to Lessor's consent to the installation of any fixtures or improvements, Lessor may require Lessee to post and obtain a completion and indemnity bond for such up to one hundred fifty percent (150%) of the cost of the work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwiseLease, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which Lessee shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations signs, fixtures, furniture and furnishings and if requested by no later than the expiration or earlier termination of the lease TermLessor, in which event, Tenant, at Tenant's sole cost and expense, shall remove same any improvements made by Lessee and repair any damage caused by the original installation and/or or removal thereofof such signs, fixtures, furniture, furnishings and improvements and leave the Premises in as good condition as they were in at the time of the commencement of this Lease, excepting for reasonable wear and tear. Notwithstanding the foregoing, it is understood Reasonable wear and agreed that Tenant tear shall not be obligated to remove include any damage or deterioration that would have been prevented by proper maintenance by Lessee or Lessee otherwise performing all of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsits obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Bikers Dream Inc)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant a) Lessee shall not, without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, delayed or conditionedat Lessor’s sole discretion, make any alterations, improvements improvements, or additions to the Premisespremises. Notwithstanding Lessor’s consent to any alteration, improvement or addition to the premises, Lessor shall retain the option, upon the termination of this Lease, of requiring Lessee, at its sole cost and expense, to remove any or all of said alterations, improvements or additions and repair all the damage caused by such removal. If Landlord Lessor consents to any alterations, improvements improvements, or additions, then Landlord Lessor may impose such reasonable conditions with respect thereto as Landlord Lessor deems appropriate, including, without limitation, requiring Tenant Lessee to furnish Landlord Lessor with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements improvements, or additions to the Premisespremises, whether prior to or subsequent to the Commencement Date, shall be performed done at Tenant's cost and Lessee’s expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇Lessor, or the Company, except to the extent Landlord Lessor gives its prior written consent to Tenant's Lessee’s hiring Tenant's its own contractors, which consent shall be solely within Lessor’s discretion. If Lessor shall so desire, Lessee shall submit to Lessor’s or the Company’s reasonable supervision of Lessee’s work at Lessee’s expense. Lessee shall also pay Lessor for all other costs and expenses arising in connection with such work, including, without limitation, additional janitorial, elevator, security, and utility expense. Lessee shall promptly pay to Lessor, the Company, or the Lessee’s contractors, as the case may be, when due, the cost of all such work, supervision, and other charges.
(b) Upon completion of such work, or from time to time as Landlord Lessor may reasonably require, Tenant Lessee shall deliver to LandlordLessor, if payment is made directly to contractors, evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services services, or materials, materials all in form reasonably satisfactory to LandlordLessor. Tenant Lessee shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord Lessor harmless from all costs, damages, liens and expenses related to such work. Lessee further covenants and agrees not to suffer or permit any mechanics or materialmen liens or any other liens to be placed against the Building or premises with respect to work or services claimed to have been performed by Tenantfor, or materials claimed to have been furnished to, the Lessee or the premises. If any lien shall at any time be filed against the Building or premises in connection with such work, services, or materials, Lessee shall immediately cause it to be released and removed of record. If Lessee fails to do so, Lessor may, at Lessor’s option, cause the same to be released and removed of record using funds from the security deposit provided for in Paragraph 6 of this Lease. If such funds are insufficient for such purpose, Lessor may, at Lessor’s option, advance such additional funds for such purpose. In addition to Lessee’s obligation to replenish the security deposit as provided in ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ shall immediately, upon demand, pay Lessor the amount of any such additional funds so advanced.
(c) All work performed done by Tenant Lessee, or its contractors contractors, pursuant to this Lease shall be performed done in a good, first class workmanlike manner, manner using only first quality good grades of materials (consistent with the existing quality of materials) , and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord Lessor and other tenants, and Landlord Lessor may require that all or a portion of such work be performed outside normal business hours. All Subject to Lessor’s option contained in the second sentence of subparagraph a) of this Paragraph 13, all additions, alterations, fixtures fixtures, and improvements (temporary or permanent) in and upon the Premisespremises, whether installed by Tenant Lessee or LandlordLessor, shall become Landlord's Lessor’s property, and shall remain upon, and be surrendered with, with the Premises premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsLessee.
Appears in 1 contract
Sources: Lease Agreement (11 Good Energy Inc)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant 1) Lessee shall not, without the Lessor’s prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditionedconsent, make any alterations, improvements improvements, or additions to the Premises. If Landlord consents to any alterationsin, improvements on or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to about the Premises, whether prior except for non- structural alterations not exceeding $1,000.00 in cost. As a condition to or subsequent to the Commencement Dategiving such consent, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord Lessor may require that all or a portion of Lessee remove any such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary improvements, additions or permanent) in and upon utility installations at the Premises, whether installed by Tenant or Landlord, shall become Landlord's propertyexpiration of the Lease term, and shall remain upon, and be surrendered with, restore the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenantprior condition.
(2) Lessee, at Tenant's Lessee’s sole cost and expense, shall remove same pay any and repair all costs necessary to construct any damage facilities to be used on the Premises by Lessee. Lessee shall share equally with other tenants the original installation and/or removal cost of creating, segregating and securing any Common Areas to which Lessee has access.
(3) Before commencing any work relating to alterations, additions and improvements affecting the Premises or Common Areas, 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 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 or at the direction of Lessee. Lessee shall not undertake any alterations or additions to the Premises without first obtaining the appropriate permits from any governmental agency having jurisdiction over improvements to the building.
(4) Unless Lessor requires their removal, as set forth in Article 8(e)(1), all alterations, improvements or additions which may be made on the Premises subsequent to Lessee’s first occupation of the Premises, shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the Lease term. Notwithstanding the foregoingprovisions of this Article 8(e)(4), it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made Lessee’s machinery, affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Lessee and constituting may be removed by Lessee subject to the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsprovisions of Article 8(c).
Appears in 1 contract
Sources: Commercial Lease Agreement
ALTERATIONS AND ADDITIONS. Other than with respect Lessee shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions to the PremisesLessor. If Landlord consents any such alteration or addition is expressly permitted by Lessor, Lessee shall deliver at least twenty (20) days prior notice to Lessor, from the date Lessee intends to commence construction, sufficient to enable Lessor to post a Notice of Non-Responsibility. In all events, Lessee shall obtain all permits or other governmental approvals prior to commencing any alterations, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans deliver a copy of same to Lessor. All alterations and specifications additions shall be installed by a licensed contractor approved by Lessor, at Lessee's sole expense in compliance with all applicable Laws, CC&Rs, and permits necessary Lessor's rules and regulations. Lessee shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Lessee. As a condition to Lessor's consent to the installation of any fixtures or improvements, Lessor may require Lessee to post and obtain a completion and indemnity bond for such tip to one hundred fifty percent (150%) of the cost of the work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwiseLease, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which Lessee shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations signs, fixtures, furniture and furnishings and if requested by no later than the expiration or earlier termination of the lease TermLessor, in which event, Tenant, at Tenant's sole cost and expense, shall remove same any improvements made by Lessee and repair any damage caused by the original installation and/or or removal thereofof such signs, fixtures, furniture, furnishings and improvements and leave the Premises in as good condition as they were in at the time of the commencement of this Lease, excepting for reasonable wear and tear. Notwithstanding the foregoing, it is understood Reasonable wear and agreed that Tenant tear shall not be obligated to remove include any damage or deterioration that would have been prevented by proper maintenance by Lessee or Lessee otherwise performing all of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsits obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Bikers Dream Inc)
ALTERATIONS AND ADDITIONS. Other than with respect (a) Tenant shall not make any additions, alterations or improvements to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without obtaining the prior written consent of Landlord. Landlord's consent may be conditioned on Tenant's removing any such additions, alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion.
(b) Tenant shall pay the costs of any work done on the Premises pursuant to Section 12(a) above, and shall keep the Premises, Building and Project free and clear of liens of any kind or nature. Tenant hereby indemnifies, defends against and keeps Landlord free and harmless from and against any and all liability, loss, damage, costs, attorneys' fees (of counsel selected by Landlord) and any other expense incurred by Landlord on account of, or as a result of, or due to, claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, and any additions or improvements, which consent are, or become, the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall not be unreasonably withheld, delayed give Landlord notice of the intended commencement date a sufficient time before that date to enable Landlord to post notices of non-responsibility or conditioned, make any alterations, improvements or additions to other notices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises. If , Building or the Project, and landlord shall have the right to enter the Premises and post such notices at any reasonable time.
(c) Landlord consents may require, at Landlord's sole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (1 1/2) times the total estimated cost of any alterations, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant alterations or improvements to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements be made in or additions to the Premises, whether prior to or subsequent protect Landlord against any liability for mechanics and material men's liens and to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon insure timely completion of such the work, or from time . Nothing contained in this Section 12(c) shall relieve Tenant of its obligation under Section 12(b) above to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon keep the Premises, whether installed Building and Project free of all liens.
(d) Unless their removal is required by Tenant or Landlord, as provided in Section 12(a) above, all additions, alterations and improvements made to the Premises shall become Landlord's property, and shall remain upon, the property of Landlord and be surrendered with, with the Premises without disturbance or injury upon the termination expiration of this Lease by lapse of time or otherwisethe Term; provided, all without payment or credit to however, Tenant's equipment, exclusive of Tenant’s machinery and trade fixtures and equipment which may be removed without damage to the Premises shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; providedremoved, however that, solely subject to the extent the same is an express condition provisions of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsSection 1 3(b) below.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant 12.1 Lessee shall not, without the Lessor's prior written consent of Landlordconsent, which consent Lessor shall not be unreasonably withheld, delayed or conditionedwithhold, make any alterations, improvements or additions to the Premises. If Landlord consents to any alterationsimprovements, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriateor utility installations in, includingon, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to about the Premises, whether and, provided further, that any mortgagee does not prohibit such alteration or addition or require written consent prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractorssuch alteration and/or construction. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all As used in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Buildingthis Paragraph 12.1, the Premises or Tenant's leasehold interestterm "utility installation" shall include, but not limited to ducting, power panels, wiring, fluorescent fixtures, space heaters, conduits, air conditioning equipment and plumbing. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord Lessor may require that the Lessee remove any or all or a portion of such work be performed outside normal business hours. All additions, said alterations, fixtures improvements, additions or utility installations at the expiration of the Term and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, to restore the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwiseto their prior condition, all without payment or credit ordinary wear and tear excepted. Lessor may require Lessee to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenantprovide Lessor, at TenantLessee's sole cost and expense, a lien and completion bond or equivalent undertaking in the amount of the estimated cost of such improvements to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work, or in Lessor's reasonable judgment, a waiver of lien, or potential lien, from each and every supplier, materialman or sub-contractor. Should Lessee make any alterations, improvements, additions, or utility installations, Lessor may require that Lessee remove any or all of the same. Notwithstanding anything in this Lease to the contrary, non-structural alterations, improvements or additions under Twenty-Five Thousand Dollars ($25,000) shall remove be permitted without any prior written consent, but with prior notice provided, however, all other provisions of this Lease shall be applicable.
12.2 Any alterations, improvements, additions or utility installations in or about the Premises that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form with proposed architectural plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies and the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. Lessor reserves the right to direct such alterations, improvements, additions or utility installations to be removed or remain and Lessor's determination shall be final. Lessor shall have the right to cause any work allowed under Article 12 to be reviewed and inspected by an inspector or architect designated by Lessor, but at the reasonable cost and expense of Lessee. Any alteration or addition that is structural or materially effects the structure shall require the consent of Lessor, which may be withheld.
12.3 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 claims are or may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not less than fifteen (15) days notice prior to the commencement of any work 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, the Lessee shall, at its sole expense, defend itself and Lessor against the same and repair shall pay and satisfy any damage by such adverse judgment that may be rendered thereon before the original installation and/or enforcement thereof against the Lessor or the Premises upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond or equivalent undertaking 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, or in Lessor's reasonable judgment, a waiver of lien, or potential lien, from each and every supplier, materialman or sub-contractor. In addition, Lessor may require Lessee to pay Lessor's reasonable attorney's fees and costs in participating in such action.
12.4 Unless Lessor requires their removal thereof. Notwithstanding as set forth in Paragraph 12.1 or 12.2, or the foregoingparties have otherwise agreed, it is understood all alterations, improvements, additions and agreed that Tenant utility installations which may be made on the Premises shall not be obligated to remove any become the property of Lessor and remain upon and surrendered with the Premises at the expiration of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsterm.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than 3.1 Any alteration, improvements, additions or Utility Installations in, or about the premises that Lessee shall desire to make and which requires the consent of the Lessor shall be presented to Lessor in written form, with respect proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the Tenant Work (including commencement of the Tenant Work listed on Exhibit A hereto), Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions to the Premises. If Landlord consents to any alterations, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans the compliance by Lessee of all conditions of said permit in a prompt and specifications and permits necessary expeditious manner.
3.2 Lessee shall pay, when due, all claims for such work. The work necessary labor or materials furnished or alleged to make any alterations, improvements have been furnished to or additions to for Lessee at or for use in the Premises, whether prior to which claims are or subsequent to the Commencement Date, shall may be performed at Tenantsecured by any mechanics or materialmen's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed lien against the Building, the Premises or Tenant's leasehold interestany interest herein. Tenant Lessee shall cause any such lien, if filed, give Lessor not less than ten (10) days' notice prior to be discharged the commencement of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord Lessor shall have the right to post notices on 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 the Lessor or the Premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such lien or claim. In addition, Lessor may require Tenant Lessee to remove all pay Lessor's attorneys fees and costs in participating in such conditionally approved tenant-alterations by no later than the expiration or earlier termination action if Lessor shall decide it is to its best interest to do so. EXHIBIT A ADDENDUM TO LEASE DATED NOVEMBER 7, 1996 BETWEEN TELEHUB, INC. AND MAUSWERKS, INC.
1. PRINTED FORM SUBORDINATE TO ADDENDA
1.1 These addenda are an integral part of the lease Term, in attached agreement which event, Tenant, at Tenant's sole cost has been extended concurrently herewith and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any those addenda supersede inconsistent provisions of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsprinted agreement.
Appears in 1 contract
Sources: Retail Lease Agreement (Colo Com)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions to the Premises. If Landlord consents to any alterations, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14a) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord Lessor may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit Lessee to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenantprovide Lessor, at TenantLessee'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 mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee remove any or all of the same.
(b) Deleted.
(c) Lessee shall remove 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 claims are or may be secured by any mechanic's or materialmen'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 to post notices of non-responsibility in or on the Premises as provided by law. Lessee shall discharge, by bond or otherwise, within ten (10) days after the filing thereof, any mechanic's lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Lessee. 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 repair shall pay and satisfy any damage by such adverse judgment that may be rendered thereon before the original installation and/or removal thereofenforcement thereof against the Lessor or the Premises, upon condition that Lessor may require Lessee to furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien, claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such a lien or claim. In addition, Lessor may require Lessee to pay Lessors attorneys' fees and costs in participating in such an action if Lessor shall decide it is to its best interest to do so.
(d) Unless Lessor requires their removal, as set forth in Paragraph 7.5(a), all alterations, improvements, additions and Utility Installations (whether or not such Utility Installations constitute trade fixtures of Lessee), 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 foregoingprovisions of this Paragraph 7.5(d), it Lessee's machinery and equipment, other than that which is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Lessee and constituting may be removed by Lessee subject to the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsprovisions of Paragraph 7.2.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than with respect Lessee shall not install any signs, fixtures or improvements to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheldwithheld or delayed. Lessee shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, delayed materials furnished or conditionedobligations incurred by or on behalf of Lessee. Lessee shall give Lessor ten (10) days' prior written notice of any improvements by Lessee, make any alterationstogether with a statement of the cost thereof, improvements or additions to give Lessor the opportunity to post and record a notice of non-responsibility. As a condition to Lessor's consent to the Premisesinstallation of any fixtures or improvements, Lessor may require Lessee to post a completion bond for up to 150% of the cost of the work. If Landlord consents to Upon termination of this Lease, Lessee shall remove any alterations, improvements made by Lessee and repair any damage caused by the installation or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out removal of such signs, fixtures, furniture, furnishings and improvements and leave the Premises in as good condition as they were in at the time of the commencement of this Lease, except for reasonable wear and tear, casualty damage and condemnation. Any work performed at the Building or on the Premises by Lessee or Lessee's contractor in connection with improvements shall be subject to the following additional requirements:
(a) Such work shall not proceed until Lessor has approved (which approval shall not be unreasonably withheld or delayed) in writing: (i) Lessee's contractor, (ii) the amount and coverage of public liability and property damage insurance, with the Lessor named as an additional insured, carried by Lessee's contractor, (iii) complete and detailed plans and specifications and permits necessary for such work. The , and (iv) a schedule for the work.
(b) All work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇done in conformity with a valid permit when required, except a copy of which shall be furnished to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractorsLessor before such work is commenced. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsIn any case, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not in accordance with all applicable laws. Notwithstanding any failure by Lessor to interfere object to any such work, Lessor shall have no responsibility for Lessee's failure to comply with applicable laws.
(c) All work by Lessee or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that Lessee's contractor shall be done with union labor in accordance with all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely union labor agreements applicable to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallstrades being employed.
Appears in 1 contract
Sources: Lease Agreement (Monterey Pasta Co)
ALTERATIONS AND ADDITIONS. Other than with respect a. Tenant shall not make any additions, alterations or improvements to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without obtaining the prior written consent of Landlord, which consent . Land▇▇▇▇'▇ ▇onsent shall not be unreasonably withheldwithheld and may be conditioned on Tenant's removing any such additions, delayed alterations or conditioned, make any alterations, improvements upon Landlord's election at or additions before the expiration of the Term and restoring the Premises to the Premisessame condition as on the date Tenant took possession. If Landlord consents All work with respect to any alterationsaddition, improvements alteration or additionsimprovement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of and such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed diligently prosecuted to completion. Landlord may, at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by Land▇▇▇▇'▇ ▇ption, require that any such work be performed by Land▇▇▇▇'▇ ▇ontractor, except to in which case the extent Landlord gives its prior written consent to cost of such work shall be paid for before commencement of the work. Notwithstanding the foregoing Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver obligation to Landlord, if payment is made directly 's contractor shall not be greater than it would have been to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlorda qualified contractor selected through a competitive bidding process. Tenant shall pay to Landlord upon completion of any such work by Land▇▇▇▇'▇ ▇ontractor, an administrative fee of fifteen percent (15%) of the cost of the work. Landlord's review of any plans and specifications or consent to additions, alterations or improvements shall not permit be construed as a warranty or certification that such plans and specifications or such additions, alterations or improvements are adequate for any liens to be filed against purpose or comply with applicable laws, ordinances, or regulations, nor shall Landlord's approval or consent relieve Tenant from the Buildingobligation of complying with such applicable laws, ordinances and regulations.
b. Tenant shall pay the costs of any work done on the Premises or Tenant's leasehold interest. Tenant pursuant to Section 12a, and shall cause keep the Premises, Building and Project free and clear of liens of any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlordkind. Tenant shall indemnify, defend against and hold keep Landlord free and harmless from all liability, loss, damage, costs, damagesattorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, liens and expenses related to any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work performed by Tenant. All work performed by for which a claim or lien may be filed, Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment give Landlord notice of the intended commencement date a sufficient time before that date to enable Landlord to post notices of non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building by Landlord and other tenantsor the Project, and Landlord shall have the right to enter the Premises and post such notices at any reasonable time.
c. Landlord may require require, at Land▇▇▇▇'▇ ▇ole option, that all or Tenant provide to Landlord, at Tenant's expense, a portion lien and completion bond in an amount equal to at least one and one-half (1 1/2) times the total estimated cost of such work be performed outside normal business hours. All any additions, alterations, fixtures and alterations or improvements (temporary to be made in or permanent) in and upon to the Premises, whether installed to protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and Project free of all liens.
d. Unless their removal is required by Tenant or LandlordLandlord as provided in Section 12a, additions, alterations and improvements made to the Premises shall become Landlord's property, and shall remain upon, the property of Landlord and be surrendered with, with the Premises without disturbance or injury upon the termination expiration of this Lease by lapse of time or otherwisethe Term; provided, all without payment or credit to however, Tenant's equipment, exclusive of Tenant’s machinery and trade fixtures and equipment which can be removed without damage to the Premises shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; providedremoved, however that, solely subject to the extent the same is an express condition provisions of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsSection 13b.
Appears in 1 contract
Sources: Lease Agreement (Tcsi Corp)
ALTERATIONS AND ADDITIONS. Other than with respect a. Lessee's Alterations. Lessee shall not make or suffer to be made any -------------------- alterations, additions, changes or improvements (collectively, "Alterations") to or of the Tenant Work (including the Tenant Work listed on Exhibit A hereto)Premises, Tenant or any part thereof without Lessor's prior written consent, which consent shall not, except as otherwise expressly provided in the Lease, be unreasonably withheld. Lessee shall not make or suffer to be made any alterations, additions, changes of improvements (collectively "Alterations") to or of the Premises or any part thereof if the aggregate cost of any such Alteration is reasonably anticipated to exceed Ten Thousand and 00/100ths Dollars ($10,000,00) without the prior written consent of LandlordLessor first had and obtained, which consent shall not be unreasonably withheldwithheld or delayed. Notwithstanding the foregoing, delayed or conditioned, Lessee shall not make any alterationsAlternation without Lessor's prior written consent and regardless of the cost thereof, improvements or additions which (i) results in a change to the exterior of the Building, (ii) will be visible from the exterior of the Building, (iii) effects any changes in the structural components of the Building, or (iv) effects any of the Building systems. Lessor may impose, as a condition to the aforesaid consent, such requirements as Lessor may deem necessary in its sole discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; the requirement that Lessee post a completion bond in an amount and form satisfactory to Lessor; the requirement that Lessee reimburse Lessor, as additional rent, for Lessor's reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor's consent is granted; and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to Lessor. In the event Lessee makes any Alternations without Landlords's prior consent then at the expiration or sooner termination of the Lease, Lessor can require that they remove any or all of the Alternations and repair any damage to the Premises caused by such removal. If Landlord Lessor consents to any alterationsAlterations to the Premises by Lessee, improvements or additions, then Landlord may impose such reasonable conditions the same shall be made by Lessee at Lessee's sole cost and expense in accordance with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for approved by Lessor. Any such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, Alterations made by Lessee shall be performed at Tenant's cost in accordance with all applicable laws, ordinances and expense by contractors hired by Tenant codes and reasonably approved by ▇▇▇▇▇▇▇▇in a first class workmanlike manner, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against weaken or impair the structural strength or lessen the value of the Building, shall not invalidate, diminish, or adversely affect any warranty applicable to the Premises Building or Tenant's leasehold interest. Tenant shall cause any such lienother improvements located within the Project, if filedincluding any equipment therein, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) manner causing Lessor and shall comply with all insurance requirements Lessor's agents and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment other tenants of the Building by Landlord the least interference and other tenantsinconvenience practicable under the circumstances. In making any such Alterations, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, TenantLessee shall, at TenantLessee's sole cost and expense:
(i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, and
(ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility.
(iii) Provide copies of all drawings and specifications prior to commencement of construction of any Alterations. In no event shall remove same and repair Lessee make or suffer to be made any damage by Alteration to the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any mechanical or utility systems of the initial alterations or improvements made Building, to the Premises and constituting Common Area or the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenantstructural portions of the Building or any part thereof without Lessor's prior written consent, but not including electrical improvements, plumbing improvements and partition wallswhich consent may be withheld in Lessor's sole discretion.
Appears in 1 contract
Sources: Sublease (Inktomi Corp)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant a) Lessee shall not, without the Lessor's prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions to the Premises. If Landlord consents to any alterationsimprovements, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriateutility installations or repairs in, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements on or additions to about the Premises, whether or the Office Building Project. As used in this paragraph 7.3 the term "Utility Installation" shall mean carpeting, window and wall coverings, power panels, electrical distribution systems, lighting fixtures, air conditioning, plumbing, and telephone and telecommunication wiring and equipment. At the expiration of the term, Lessor may require the removal of any or all of said alterations, improvements, additions or Utility Installations actually installed by Lessee, and the restoration of the Premises and the Office Building Project to their prior to or subsequent to the Commencement Datecondition, shall be performed at TenantLessee's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written expense; provided that Lessee requests Lessor's consent to Tenant's hiring Tenant's own contractors. Upon completion of such worka proposed Alteration, or from time to time as Landlord before the commencement of any Alteration for which Lessor's consent is not required, Lessee may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all ask Lessor in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may writing whether Lessor will require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may Alteration be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the on expiration or earlier termination of the lease Lease Term. Lessor shall respond to this inquiry in writing within fifteen (15) days. If Lessor states in its response that it will not require removal, in which eventLessee shall not be required to remove this Alteration. Should Lessor permit Lessee to make its own alterations, Tenantimprovements, additions or Utility Installations, Lessee shall use only such contractor as has been expressly approved by Lessor, and Lessor may require Lessee to provide Lessor, at TenantLessee's sole cost and expense, shall remove same a lien and repair completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any damage liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the original installation and/or removal thereof. Notwithstanding the foregoingterm of this Lease, it is understood and agreed require that Tenant shall not be obligated to Lessee remove any part or all of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallssame.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Other than with respect Lessee shall not install any signs, fixtures or improvements to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheldwithheld or delayed. Lessee shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, delayed materials furnished or conditionedobligations incurred by or on behalf of Lessee. Lessee shall give Lessor ten (10) days' prior written notice of any improvements by Lessee, make any alterationstogether with a statement of the cost thereof, improvements or additions to give Lessor the opportunity to post and record a notice of non-responsibility. As a condition to Lessor's consent to the Premisesinstallation of any fixtures or improvements, Lessor may require Lessee to post a completion bond for up to 150% of the cost of the work. If Landlord consents to Upon termination of this Lease, Lessee shall remove any alterations, improvements made by Lessee and repair any damage caused by the installation or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out removal of such signs, fixtures, furniture, furnishings and improvements and leave the Premises in as good condition as they were in at the time of the commencement of this Lease, except for reasonable wear and tear,casualty damage and condemnation. Any work performed at the Building or on the Premises by Lessee or Lessee's contractor in connection with improvements shall be subject to the following additional requirements:
(a) Such work shall not proceed until Lessor has approved (which approval shall not be unreasonably withheld or delayed) in writing: (i) Lessee's contractor, (ii) the amount and coverage of public liability and property damage insurance, with the Lessor named as an additional insured, carried by Lessee's contractor, (iii) complete and detailed plans and specifications and permits necessary for such work, and (iv) a schedule for the work.
(b) All work shall be done in conformity with a valid permit when required, a copy of which shall be furnished to Lessor before such work is commenced. The In any case, all such work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense in accordance with all applicable laws. Notwithstanding any failure by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except Lessor to the extent Landlord gives its prior written consent object to Tenant's hiring Tenant's own contractors. Upon completion of any such work, Lessor shall have no responsibility for Lessee's failure to comply with applicable laws.
(c) Lessee understands that all contractors and subcontractors retained at the Park by Lessor or from time Lessee to time as Landlord may reasonably require, Tenant perform construction or tenant improvement work shall deliver be signatory to Landlord, if payment is made directly the appropriate collective bargaining agreement(s) with the labor organizations affiliated with the Building and Construction Trades Department of the AFL-CIO or with the International Brotherhood of Teamsters.
(d) Lessee agrees to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord Lessor harmless from all costsfor any work performed, including consequential damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be which is not performed in a good, workmanlike manner, using only first quality grades of materials (consistent accordance with applicable law or the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination provisions of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsLease.
Appears in 1 contract
Sources: Lease Agreement (Learningstar Inc)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant a) Sublessee shall not, without the Sublessor's prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditionedconsent, make any alterations, improvements improvements, additions or additions to installations in, on or about the PremisesSubleased Premises exceeding twenty-five thousand dollars in cost in any calendar year. If Landlord consents Sublessor shall not unreasonably withhold its consent to any alterationsalteration. To the extent the Master Lease requires that the consent of Master Lessor be obtained, improvements or additions, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, Sublessee also shall be performed at Tenant's cost so required to obtain the consent of Master Lessor and expense by contractors hired by Tenant and Sublessor shall reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of cooperate with Sublessee in obtaining such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretionconsent; provided, however thathowever, solely that Sublessor shall in no event be required to incur material costs to third parties to cause Master Lessor to provide its consent as required under the Master Lease.
(b) Any alterations, improvements, additions or installations in or about the Subleased Premises requiring Sublessor's consent shall be presented to Sublessor in written form with proposed detailed plans. If Sublessor shall give its consent, the consent shall be deemed conditioned upon Sublessee acquiring any required permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Sublessor prior to the extent commencement of the same is an express condition work and the compliance by Sublessee of Landlord’s original approval thereofall conditions of said permit in a prompt and expeditious manner.
(c) Sublessee shall pay, Landlord when due, all claims for labor or materials furnished or alleged to have been furnished to or for Sublessee at or for use in the Subleased Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Subleased Premises, or any interest therein. Sublessee shall give Sublessor and Master Lessor not less than ten (10) days' notice prior to the commencement of any work in the Subleased Premises, and Sublessor and Master Lessor shall have the right to require Tenant to remove all such conditionally approved tenantpost notices of non-alterations responsibility in or on the Subleased Premises or the Building as provided by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallslaw.
Appears in 1 contract
Sources: Sublease (Lightspan Partnership Inc)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant a) Lessee shall not, without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, delayed or conditionedat Lessor's sole discretion, make any alterations, improvements improvements, or additions to the Premisespremises. Notwithstanding Lessor's consent to any alteration, improvement or addition to the premises, Lessor shall retain the option, upon the termination of this Lease, of requiring Lessee, at its sole cost and expense, to remove any or all of said alterations, improvements or additions and repair all the damage caused by such removal. If Landlord Lessor consents to any alterations, improvements improvements, or additions, then Landlord Lessor may impose such reasonable conditions with respect thereto as Landlord Lessor deems appropriate, including, without limitation, requiring Tenant Lessee to furnish Landlord Lessor with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements improvements, or additions to the Premisespremises, whether prior to or subsequent to the Commencement Date, shall be performed done at TenantLessee's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇Lessor, or the Company, except to the extent Landlord Lessor gives its prior written consent to TenantLessee's hiring Tenant's its own contractors, which consent shall be solely within Lessor's discretion. If Lessor shall so desire, Lessee shall submit to Lessor's or the Company's reasonable supervision of Lessee's work at Lessee's expense. Lessee shall also pay Lessor for all other costs and expenses arising in connection with such work, including, without limitation, additional janitorial, elevator, security, and utility expense. Lessee shall promptly pay to Lessor, the Company, or the Lessee's contractors, as the case may be, when due, the cost of all such work, supervision, and other charges.
(b) Upon completion of such work, or from time to time as Landlord Lessor may reasonably require, Tenant Lessee shall deliver to LandlordLessor, if payment is made directly to contractors, evidence of payment, contractors' contractors affidavits and full and final waivers of all liens for labor, services services, or materials, materials all in form reasonably satisfactory to LandlordLessor. Tenant Lessee shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord Lessor harmless from all costs, damages, liens and expenses related to such work. Lessee further covenants and agrees not to suffer or permit any mechanics or materialmen liens or any other liens to be placed against the Building or premises with respect to work or services claimed to have been performed by Tenantfor, or materials claimed to have been furnished to, the Lessee or the premises. If any lien shall at any time be filed against the Building or premises in connection with such work, services, or materials, Lessee shall immediately cause it to be released and removed of record. If Lessee fails to do so, Lessor may, at Lessor's option, cause the same to be released and removed of record using funds from the security deposit provided for in Paragraph 6 of this Lease. If such funds are insufficient for such purpose, Lessor may, at Lessor's option, advance such additional funds for such purpose. In addition to Lessee's obligation to replenish the security deposit as provided in ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ shall immediately, upon demand, pay Lessor the amount of any such additional funds so advanced.
(c) All work performed done by Tenant Lessee, or its contractors contractors, pursuant to this Lease shall be performed done in a good, firstclass workmanlike manner, manner using only first quality good grades of materials (consistent with the existing quality of materials) , and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord Lessor and other tenants, and Landlord Lessor may require that all or a portion of such work be performed outside normal business hours. All Subject to Lessor's option contained in the second sentence of subparagraph a) of this Paragraph 13, all additions, alterations, fixtures fixtures, and improvements (temporary or permanent) in and upon the Premisespremises, whether installed by Tenant Lessee or LandlordLessor, shall become LandlordLessor's property, and shall remain upon, and be surrendered with, with the Premises premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsLessee.
Appears in 1 contract
Sources: Lease Agreement (Kids Stuff Inc)
ALTERATIONS AND ADDITIONS. Other than with respect See Addendum I, Par. 40, Tenant Improvements; See Exhibit "C", Building Work Rules
a. Tenant shall not make any additions, alterations or improvements to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, Premises without obtaining the prior written consent of Landlord. Landlord's consent may be conditioned on Tenant's removing any such additions, which consent shall not be unreasonably withheld, delayed alterations or conditioned, make any alterations, improvements or additions upon the expiration of the Term and restoring the Premises to the Premisessame condition as on the date Tenant took possession. If Landlord consents All work with respect to any alterationsaddition, improvements alteration or additionsimprovement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, then and such work shall be diligently prosecuted to completion. Landlord may impose may, at Landlord's option, require that any such reasonable conditions with respect thereto as Landlord deems appropriatework be performed by Landlord's contractor, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities in which may arise out case the cost of such work and plans and specifications and permits necessary shall be paid for such before commencement of the work. The Tenant shall pay to Landlord upon completion of any such work necessary by Landlord's contractor, an administrative fee of fifteen percent (15%) of the cost of the work.
b. Tenant shall pay the costs of any work done on the Premises pursuant to make any alterationsSection 12a, improvements or additions to and shall keep the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost Building and expense by contractors hired by Tenant Project free and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion clear of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence liens of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlordkind. Tenant shall indemnify, defend against and hold keep Landlord free and harmless from all liability, loss, damage, costs, damagesattorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, liens and expenses related to any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work performed by Tenant. All work performed by for which a claim or lien may be filed, Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment give Landlord notice of the intended commencement date a sufficient time before that date to enable Landlord to post notices of non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building by Landlord and other tenantsor the Project, and Landlord shall have the right to enter the Premises and post such notices at any reasonable time.
c. Landlord may require require, at Landlord's sole option, that all or Tenant provide to Landlord, at Tenant's expense a portion lien and completion bond in an amount equal to at least one and one-half (1 1/2) times the total estimated cost of such work be performed outside normal business hours. All any additions, alterations, fixtures and alterations or improvements (temporary to be made in or permanent) in and upon to the Premises, whether installed to protect Landlord against any liability for mechanic's and materialmen's lien and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and Project free of all liens.
d. Unless their removal is required by Tenant or LandlordLandlord as provided in Section 12a, all additions, alterations and improvements made to the Premises shall become Landlord's property, and shall remain upon, the property of Landlord and be surrendered with, with the Premises without disturbance or injury upon the termination expiration of this Lease by lapse of time or otherwisethe Term; provided, all without payment or credit to however, Tenant's equipment, exclusive of Tenant’s machinery and trade fixtures and equipment which can be removed without damage to the Premises shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; providedremoved, however that, solely subject to the extent the same is an express condition provisions of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, Section 13b.
e. Nothing contained in which event, Tenant, at Paragraph 12 prohibits Tenant's sole cost and expense, shall remove same and repair lender from making a fixture filing with respect to any damage by collateral located at the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsPremises.
Appears in 1 contract
Sources: Lease (Pac-West Telecomm Inc)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto), Tenant shall not, without the prior written consent of Landlord, which consent 5.1 Lessee shall not be unreasonably withheld, delayed or conditioned, make any alterations, improvements or additions to the PremisesPremises without obtaining Lessor's prior written consent. If Landlord consents Any such improvements, excepting movable furniture and trade fixtures, shall become part of the realty and belong to Lessor. All alterations and improvements shall be in conformity with the laws of all applicable duly constituted public authorities. As a further condition to giving such constant, Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a her, and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of such improvements, to ensure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work. Lessor's consent to any alternations, additions, or improvements shall not be unreasonably withheld or delayed.
5.2 Prior to commencing any work relating to any alterations, improvements or additionsadditions approved by Lessor, then Landlord may impose Lessee shall notify Lessor in writing of the expected date of commencement. Lessor shall have the right at any time thereafter to post and maintain on the Premises such reasonable conditions with respect thereto notices as Landlord Lessor reasonably deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make protect Lessor and the Premises for mechanics' liens, materialmen's liens or any alterationsother liens. Lessee shall pay, improvements when due, all claims for labor or additions materials furnished to or for Lessee for use in improving the Premises, whether prior to or subsequent to the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant Lessee shall not permit any mechanic's or materialmen's liens to be filed levied against the BuildingPremises arising out of work performed, the Premises materials furnished, or Tenant's leasehold interestobligations to have been Lessee's. Tenant shall cause any such lienLessee hereby indemnifies and holds Lessor harmless against loss, if fileddamage, to be discharged attorneys' fees and all other expenses on account of record claims of lien of laborers or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend fees and hold Landlord harmless from all costs, damages, liens and other expenses related to any on account of claims of lien of laborers or materialmen or others for work performed by Tenant. All work performed by Tenant or materials or supplies furnished for Lessee or its contractors pursuant to this Lease shall be performed contractors, agents or employees.
5.3 Lessee may install trade fixtures, machinery or other trade equipment in a good, workmanlike manner, using only first quality grades of materials (consistent conformance with the existing quality ordinances of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agenciesduly constituted public authorities. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord Lessee may require that all or a portion remove any of such work be performed outside normal business hours. All additions, alterations, trade fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury machinery upon the termination of this Lease, provided that Lessee is not in default under the terms of this Lease.
5.4 In the event that Lessee installs improvements, machinery or trade fixture. Lessee shall return the Premises on termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent same condition as existed at the same is an express condition date of Landlord’s original entry, reasonable wear and tear excepted, including the removal of improvements approved by Lessor in Section 5.1, if Lessor's approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination was conditioned upon Lessee's removal of the lease Termsaid improvements. Lessee shall, in which any event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by resulting from the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsmachinery of trade fixtures of Lessee.
Appears in 1 contract
Sources: Lease Agreement (Svi Solutions Inc)
ALTERATIONS AND ADDITIONS. Other than with respect to the Tenant Work (including the Tenant Work listed on Exhibit A hereto)a. Except for work reasonably construed as refurbishment or redecoration, Tenant shall notnot make any additions, alterations or improvements to the Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed. Landlord's consent may be conditioned on Tenant's removing any such additions, delayed alterations or conditionedimprovements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, make alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel, and such work shall be diligently prosecuted to completion. Landlord may, at Landlord's option, require that Landlord's contractor supervise that portion of any alterations, improvements such alteration or additions to involving the Premises. If Landlord consents to Building's roof, exterior metal siding and/or stucco surfaces, windows and/or window frames, waterproofing elements associated with any alterationsof the above underground work, improvements landscaping, building entry doors and/or building security system, common area equipment or additionsimprovements, then Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary for such work. The work necessary to make and/or any alterations, improvements item or additions to element within the Premises, whether prior building or project subject to or subsequent a warranty to Landlord.
b. Tenant shall pay the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired costs of any work done by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, on the Premises or Tenant's leasehold interest. Tenant pursuant to Section 12a, and shall cause keep the Premises, Building and Project free and clear of liens of any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlordkind. Tenant shall indemnify, defend against and hold keep Landlord free and harmless from all liability, loss, damage, costs, damagesattorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, liens and expenses related to any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work performed by Tenant. All work performed by for which a claim or lien may be filed, Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment give Landlord notice of the intended commencement date a sufficient time before that date to enable Landlord to post notices of non- responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building by Landlord and other tenantsor the Project, and Landlord shall have the right to enter the Premises and post such notices at any reasonable time.
c. Landlord may require require, at Landlord's sole option, that all or Tenant provide to Landlord, at Tenant's expense, a portion lien and completion bond in an amount equal to at least the total estimated cost of such work be performed outside normal business hours. All any additions, alterations, fixtures alterations or improvements to be made in or to the Premises exceeding $25,000.00 to protect Landlord against any liability for mechanic's and improvements (temporary or permanent) materialmen's liens and to insure timely completion of the work. Nothing contained in and upon this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, whether installed Building and Project free of all liens.
d. Unless their removal is required by Tenant or LandlordLandlord as provided in Section 12a, all permanent additions, alterations and improvements made to the Premises shall become Landlord's property, and shall remain upon, the property of Landlord and be surrendered with, with the Premises without disturbance or injury upon the termination expiration of this Lease by lapse of time or otherwisethe Term; provided, all without payment or credit to however, Tenant's equipment, exclusive of Tenant’s machinery and trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; providedremoved, however that, solely subject to the extent the same is an express condition provisions of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsSection 13b.
Appears in 1 contract
Sources: Lease Agreement (Diversa Corp)
ALTERATIONS AND ADDITIONS. Other than with respect Tenant shall not make, or suffer to be made, any alteration or addition to the Tenant Work (including the Tenant Work listed on Exhibit A hereto)Premises, Tenant shall notor any part thereof, without the prior written consent of Landlord first had and obtained by Tenant (such consent not to be unreasonably withheld), but at the cost of Tenant, and any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. Landlord reserves the right to approve all contractors and mechanics proposed by Tenant to make such alterations and additions. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises. All heating, which consent lighting, electrical, airconditioning, floor to ceiling partitioning, drapery, carpeting, and floor installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be unreasonably withheld, delayed or conditioned, deemed trade fixtures. Tenant agrees that it will not proceed to make any alterations, improvements or additions to the Premises. If Landlord consents to any alterations, improvements such alteration or additions, then without having obtained consent from Landlord to do so, and until five (5) days from the receipt of such consent, in order that Landlord may impose post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all times permit such reasonable conditions with respect thereto as Landlord deems appropriatenotices to be posted and to remain posted until the completion of work. Tenant shall, includingif required by Landlord, without limitationsecure at Tenant's own cost and expense, requiring Tenant a completion and lien indemnity bond, satisfactory to furnish Landlord with insurance against liabilities which may arise out of such work and plans and specifications and permits necessary Landlord, for such work. The Tenant further covenants and agrees that any mechanic's lien filed against the Premises for work necessary claimed to make any alterationshave been done for, improvements or additions materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) days after the Premisesfiling thereof, whether prior to or subsequent to at the Commencement Date, shall be performed at Tenant's cost and expense by contractors hired by Tenant and reasonably approved by ▇▇▇▇▇▇▇▇, except of Tenant. Any exceptions to the extent Landlord gives its prior written consent to Tenant's hiring Tenant's own contractors. Upon completion of such work, or from time to time as Landlord may reasonably require, Tenant shall deliver to Landlord, if payment is foregoing must be made directly to contractors, evidence of payment, contractors' affidavits in writing and full executed by both landlord and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall not permit any liens to be filed against the Building, the Premises or Tenant's leasehold interest. Tenant shall cause any such lien, if filed, to be discharged of record or bonded over to Landlord’s satisfaction within fourteen (14) days after demand by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from all costs, damages, liens and expenses related to any work performed by Tenant. All work performed by Tenant or its contractors pursuant to this Lease shall be performed in a good, workmanlike manner, using only first quality grades of materials (consistent with the existing quality of materials) and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All such work shall be performed so as not to interfere with or impair the use and enjoyment of the Building by Landlord and other tenants, and Landlord may require that all or a portion of such work be performed outside normal business hours. All additions, alterations, fixtures and improvements (temporary or permanent) in and upon the Premises, whether installed by Tenant or Landlord, shall become Landlord's property, and shall remain upon, and be surrendered with, the Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Tenant, exclusive of Tenant’s trade fixtures and equipment which shall in all events remain the property of Tenant and may be removed by Tenant in its sole discretion; provided, however that, solely to the extent the same is an express condition of Landlord’s original approval thereof, Landlord shall have the right to require Tenant to remove all such conditionally approved tenant-alterations by no later than the expiration or earlier termination of the lease Term, in which event, Tenant, at Tenant's sole cost and expense, shall remove same and repair any damage by the original installation and/or removal thereof. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to remove any of the initial alterations or improvements made to the Premises and constituting the Tenant Work hereunder except for lab and manufacturing related improvements installed by Tenant, but not including electrical improvements, plumbing improvements and partition wallsSee Paragraph 45.
Appears in 1 contract
Sources: Lease Agreement (Scios Inc)