ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement to make such alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural change. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11. (b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have make no structural changes respecting the -------------------------------------- right during Premises or the continuance Building and shall make no changes of this Lease Agreement to make such any kind respecting the Premises or the Building that are visible from the exterior of the Premises or the Building, without Landlord’s approval, which shall not be unreasonably withheld. Any interior nonstructural changes or other alterations, changes and additions, or improvements to the Premises as may costing in excess of $20,000 in any single instance shall be proper and necessary for made by or on behalf of Tenant only with the conduct prior written consent of Tenant's business and for the full beneficial use of the Premises. Tenant Landlord, which consent shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition be unreasonably withheld or delayed. Prior to any such consent by reserving Landlord, Tenant shall submit to Landlord reasonably detailed plans and specifications covering the right proposed work. If Landlord notifies Tenant of any objections to require the proposed alterations, Tenant must (i) revise the plans and specifications to the extent reasonably necessary to secure the Landlord’s approval and (ii) submit such revised plans and specifications for Landlord’s approval. Tenant shall thereafter have the alterations performed in accordance with the approved plans and specifications. After completion, Tenant shall deliver to Landlord an “as-built” set of plans and specifications.
(b) Tenant shall not permit any lien or claim of lien against the Premises to be restored to the same condition they were in prior to the making exist or come into being as a result of any such structural change. construction work performed on behalf of or at the direction of Tenant at the Premises and Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens bond off or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged release of record by Tenant any lien within thirty (30) days after of being filed against the same have been filedPremises. Tenant is not Landlord’s agent or nominee in connection with any construction activities performed by or for Tenant on the Premises and Landlord shall pay not be liable for the contracts or liabilities of Tenant. Tenant agrees that any damage to the Premises caused by Tenant’s construction work shall be repaired at Tenant’s sole cost and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
expense. No later than thirty (b30) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed days after completion of any work in the Premises by Tenant and paid for by (including, but not limited to, the addition of equipment, cables or any material that must be inspected), Tenant shall remain provide to Landlord (i) an affidavit from the general contractor performing the work that same has been substantially completed in accordance with the approved plans and specifications and that all mechanics and materialmen in connection therewith have been paid in full; (ii) a waiver of lien with respect to such construction work executed by the general contractor and each subcontractor, except as to any contractor for which Tenant has obtained a bond to pay any claims by such persons; and (iii) a certificate of occupancy from the applicable governmental authorities, if required, evidencing completion of such work in accordance all applicable laws, codes and ordinances. In the event a certificate of occupancy cannot be obtained for the Premises due to any action or inaction by Tenant, Tenant shall be in default hereunder and must immediately comply with any and all requirements to obtain a certificate of occupancy.
(c) All alterations, additions or improvements (collectively, “Alterations”), including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s trade fixtures as described in the paragraph entitled “Trade Fixtures and Equipment” below) made by, for, or at the direction of Tenant shall, at the expiration or earlier termination of this Lease, become the property of Tenant Landlord, , and shall be removed by Tenant remain upon the Premises at the expiration or earlier termination of this Lease Agreement provided Lease, provided, however, that any of Tenant shall have the right (but not the obligation) to remove all Alterations and other items in the Premises or the Building (such as are affixed to the Premises chillers and require severance generators), except that Tenant shall be removed obligated to remove those Alterations which Landlord designates in writing for removal at Tenant's cost, and the time Landlord grants its consent to such Alterations. Tenant shall immediately repair any damage caused to the Premises by such removalsaid removal of Alterations.
Appears in 1 contract
Sources: Lease Agreement (Shutterfly Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Lease Sublease Agreement to make such alterations, changes and improvements to the Premises Leased Space as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the PremisesLeased Space. Tenant shall not make any structural change in the Premises Leased Space without first having obtained LandlordLessor's written consent thereto, without limitation Landlord Lessor may condition any such consent by reserving the right to require the Premises Leased Space to be restored to the same condition they were in prior to the making of any such structural change. Tenant shall pay all cost costs and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure LandlordLessor and the Owner, in form satisfactory to Landlordeach of them, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord Lessor and the Owner against any Mechanicmechanic's Liens liens or other liens or claims in connection with the making of such alterations, changes changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises Leased Space by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Sublease Agreement provided that any of such as are affixed to the Premises Leased Space and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Sources: Sublease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) a. Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement right, at its own expense, to make such alterations, non- structural alterations and changes in and improvements to the Premises as may be proper and it shall deem expedient or necessary for its purposes provided it has first obtained the conduct consent thereto of Tenant's business and for the full beneficial use of the Premises. Tenant Landlord in writing, Landlord agreeing that it shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any withhold such consent by reserving the right to require the Premises to unreasonably. All such work shall be restored to the same condition they were done in prior to the making of any such structural change. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, laws and building regulations, shall be performed only by Landlord approved contractors under the supervision of the Landlord. Landlord shall execute and shall, prior to deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi- public authority for the purpose of obtaining any license or permit for the making of such alterations or changes in, to or upon said Premises, Tenant agreeing to pay for and procure such license or permit. Tenant will not make or permit anyone to make any alterations, changesimprovements or additions in or to the Premises, and improvementsor install any equipment of any kind that will require any alteration or addition to, assure Landlordor the use of, in form satisfactory to Landlordthe water, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens heating, air conditioning or electrical or other liens building systems or claims equipment. If any such alterations or improvements are made, without such consent, the Landlord may correct or remove them and the Tenant shall be liable for any and all expense incurred by the Landlord in connection the performance of this work. Any such alterations, additions or improvements to the Premises which are made with the making Landlord's prior written consent shall immediately become the property of the Landlord and shall remain upon and be surrendered with the Premises as part thereof at the end of the term. At the time approved Landlord shall notify Tenant of Landlord's requirement to remove all or any part of such alterations, changes and additions or improvements. Any liens arising out of such alterations, changes, and improvements in such event the Tenant shall be discharged of record by Tenant within thirty (30) days after promptly remove the same have been filed. Tenant shall pay any and all taxes relating to at its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant expense and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed repair all damage to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage premises caused by such removal.
b. Tenant shall not permit any mechanics' or materialmen's liens to be filed against the fee of the real property of which the Premises form a part nor against the Tenant's leasehold Interest in the Premises. The Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notice which it deems necessary for protection from such liens. If any such liens are so filed, the Landlord, at its election may pay and satisfy the same and in such event the sums so paid by the Landlord, with maximum permissible interest from the date of payment, but not to exceed twelve percent (12%) per annum, shall be deemed to be additional rent due and payable by the Tenant upon receipt of notice by Tenant.
c. Tenant shall provide and maintain any fire extinguishers which may be required within tenant's premises.
Appears in 1 contract
Sources: Lease (Iwo Holdings Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) a. Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement right, at its own expense, to make such alterations, non- structural alterations and changes in and improvements to the Premises as may be proper and it shall deem expedient or necessary for its purposes provided it has first obtained the conduct consent thereto of Tenant's business and for the full beneficial use of the Premises. Tenant Landlord in writing, Landlord agreeing that it shall not make any structural change in the Premises without first having obtained Landlord's written consent theretowithhold, without limitation Landlord may delay or condition any such consent by reserving the right to require the Premises to unreasonably. All such work shall be restored to the same condition they were done in prior to the making of any such structural change. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable lawslaws and shall be performed only by Landlord approved contractors (such approval not to be unreasonably withheld, codes, conditioned or delayed) under the supervision of the Landlord. Landlord shall execute and building regulations, and shall, prior to deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi-public authority for the purpose of obtaining any license or permit for the making of such alterations or changes in, to or upon said Premises, Tenant agreeing to pay for and procure such license or permit. Tenant will not make or permit anyone to make any alterations, changesimprovements or additions in or to the Premises, and improvementsor install any equipment of any kind that will require any alteration or addition to, assure Landlordor the use of, in form satisfactory to Landlordthe water, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens heating, air conditioning or electrical or other liens building systems or claims equipment without the consent thereto of Landlord in connection writing, Landlord agreeing that it shall not withhold, delay or condition such consent unreasonably. If any such alterations or improvements are made, without such consent, the Landlord may correct or remove them and the Tenant shall be liable for any and all expense incurred by the Landlord in the performance of this work. Any such alterations, additions or improvements to the Premises which are made with the making Landlord's prior written consent shall immediately become the property of the Landlord and shall remain upon and be surrendered with the Premises as part thereof at the end of the term. The Landlord may, however, at the time of the giving of such consent, by written notice to such effect, require the Tenant to remove all or any part of such alterations, changes and improvements. Any liens arising out additions or improvements at the end of such alterations, changesthe Term, and improvements in such event the Tenant shall be discharged of record by Tenant within thirty (30) days after remove the same have been filed. at its expense and shall repair all damage to the premises caused by such removal at the end of the Term.
b. Tenant shall pay not permit any and all taxes relating mechanics or materialmen's liens to its personal propertybe filed against the Premises, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed nor against the Tenant's leasehold interest in the Premises on account of work or materials procured by Tenant Tenant. The Landlord shall have the right at all reasonable times to post and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to keep posted on the Premises and require severance shall be removed any notice which it deems necessary for protection from such liens. If any such liens ate so filed, the Tenant, at Tenant's costelection shall bond or discharge such liens and should Tenant fail to do so within Fifteen (15) days following notice thereof, Landlord, at its election may pay and satisfy the same and in such event the sums so paid by the Landlord, with maximum permissible interest from the date of payment, but not to exceed twelve percent (12%) per annum, shall be deemed to be Additional Rent due and payable by the Tenant within Ten (10) days following written notice or demand.
c. Tenant shall immediately repair provide and maintain any damage caused by such removalfire extinguishers which may be required within tenant's premises.
Appears in 1 contract
Sources: Lease (Iwo Holdings Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall make no structural or mechanical alterations in the premises and shall perform no construction, without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary herein contained, Tenant shall have the -------------------------------------- right during right, without obtaining Landlord's consent, to decorate the continuance premises (i.e., carpeting, painting, wallpapering and similar surface treatments) upon prior notice to Landlord. All contractors and mechanics doing any work in the premises, including decoration, must be reasonably acceptable to Landlord. Except in the case of this Lease Agreement to make such alterations, changes structural alterations and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use alterations of the Premises. Tenant mechanical system (other than the relocation of convectors and their appurtenant ducts in small areas), Landlord shall not make impose any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural change. supervision charge on Tenant shall pay all cost or its contractors and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and improvementsmechanics. Any liens arising out of such alterationswork, changesdecoration, additions and improvements shall be discharged of record done at Tenant's sole cost and expense and at such times and in such manner as Landlord may reasonably designate. Tenant's contractors and mechanics will be given reasonable access to the service elevator to bring materials to and from the premises. No installations or work shall be undertaken or begun by Tenant within thirty until: (30i) days after Landlord has approved written plans and specifications and a time schedule therefor; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the same have been filedfiling of ▇▇▇▇ ▇▇▇▇▇ on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Landlord's consent and approval required under this Article 12 shall not be unreasonably withheld. Tenant shall pay pay, as an additional charge, the entire increase in real estate taxes on the Unit which shall, at any time prior to or after the Term Commencement Date, result from or be attributable to any alteration, addition or improvement to the premises made by or for the account of Tenant in excess of the specifications and all taxes relating to its personal property, business, or improvements and alterations constructed as quantities provided in this Section 11Exhibit 3.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement to make such alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in alterations, additions, or improvements to the Leased Premises ("Alterations") without first having obtained Landlord's the prior written consent theretoof Landlord which will not be unreasonably withheld, without limitation conditioned or delayed. All Alterations consented to by Landlord may condition and performed at the direction of Tenant shall be subject to requirements contained in this Lease and any other reasonable conditions imposed by Landlord, including, but not limited to, Landlord approval of all contractors and subcontractors, the guarantee of Tenant's obligation to pay for such consent by Alterations, and the rights of other tenants of the Complex. Prior to the beginning of any construction on the Leased Premises, Tenant expressly agrees (a) to submit all plans, blueprints or other specifications, including but not limited to, interior decorating schemes, for the construction of improvements on the Leased Premises to Landlord for approval, Landlord expressly reserving the right to require the Premises review, modify or reject any proposed improvement or plan for construction; and (b) to obtain and deliver to Landlord such security against mechanic's liens as Landlord shall reasonably request. Regardless of whether Landlord' consent is required or obtained hereunder: (i) all Alterations shall be restored to the same condition they were made in prior to the making of any such structural change. Tenant shall pay all cost accordance with applicable laws, codes and expenses of such alterations, changesinsurance guidelines, and improvements, shall make the same be performed in a good and workmanlike manner, and in accordance with all applicable laws(ii) if the construction or installation of Tenant's alterations or fixtures causes any labor disturbance, codesTenant shall immediately take any action necessary to end such labor disturbance, and building regulations(iii) Tenant shall furnish to Landlord as-built plans in such format as Landlord may reasonably require. All Alterations made by Tenant or at its direction, and shall, at Landlord's option, become the property of Landlord at the expiration or termination of this Lease. Landlord reserves the express right to require Tenant at the expiration or termination of this Lease to remove any Alterations made to the Leased Premises and to require Tenant to repair and return the Leased Premises to its original condition existing on the day prior to the making execution of such alterations, changes, and improvements, assure this Lease. If Tenant fails to return the Leased Premises to its original condition upon request by Landlord, Landlord may collect from Tenant an amount equal to the costs necessary to return the Leased Premises to its original condition, including but not limited to a reasonable charge for Landlord's overhead. In any event, Landlord may in form satisfactory its sole discretion remove any Alterations at the expiration or termination of this Lease and Tenant hereby agrees to Landlord, that payment pay Landlord for the same will be made by Tenantcost thereof including but not limited to a charge for Landlord's overhead. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens All trade fixtures, movable equipment, or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record furniture owned by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, business, installed on or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Leased Premises by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon termination of this Lease at Tenant's sole cost and expense. Any such trade fixture not removed at or prior to the termination of this Lease Agreement provided that any shall become the property of such Landlord and may be disposed of as are affixed to the Premises and require severance shall be removed at TenantLandlord's costdetermines, and Tenant agrees to pay immediately upon demand all costs and expenses of such disposition. Notwithstanding anything set forth herein above, Tenant may, without notice to Landlord and without having to furnish to Landlord any as built plans as is contemplated hereinabove, make interior alterations or improvements to the Leased Premises of a strictly aesthetic or cosmetic nature or minor non-structural, interior alterations or improvements which cost less than $5,000.00, provided such changes do not encompass electrical, mechanical, plumbing or structural work. Tenant shall immediately repair any damage caused by have the further right to make non-structural interior alterations, improvements or additions to the Leased Premises without Landlord's consent (but only upon prior written notice to Landlord describing with reasonable detail the work to be performed) if the cost of such removalwork is less than $10,000.00, provided that such changes do not encompass electrical, mechanical, plumbing or structural work.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement to make such alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural change. Tenant shall pay all cost costs and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, property and business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Sources: Lease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises, the Building or elsewhere on the Property, nor permit any holes to be drilled or made in or on the Premises, the Building or elsewhere on the Property except in each instance in such place and manner and by contractors or mechanics all as shall first have been approved in advance and in writing by Landlord. No such installations or other work shall be undertaken or begun by Tenant until Landlord has approved written plans and specifications therefor; and no amendments or additions to such plans and specifications shall be made without prior written consent of Landlord. Any such alteration, decoration, installation, removal, addition and improvement shall be done at the -------------------------------------- right during sole expense of Tenant and at such times and in such manner as Landlord may designate. If Tenant shall make any alterations, decorations, installations, removals, additions or improvements, then Landlord may elect to require Tenant, at the continuance Tenant's expense, at the expiration of this Lease Agreement Lease, to make such alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of restore the Premises. Tenant shall not make any structural change in , the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord Building and the Property (as the case may condition any such consent by reserving the right be) to require the Premises to be restored to substantially the same condition they were in prior to as existed at the making of any such structural changeTerm Commencement Date. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shallIf, prior to the making installation of such items and as part of Tenant's request for Landlord's approval of such items, Tenant requests in writing that Landlord indicate whether and how Tenant will be required to restore the Premises or other portion of the Property, Landlord shall respond to Tenant in writing and Landlord shall only be able to require Tenant to perform the restoration described in such Landlord response. Notwithstanding anything to the contrary contained in this Section, during the Term of the Lease Tenant may, without the prior approval of Landlord, perform interior non-structural alterations, changes, provided that (1) the total cost of all such alterations in the aggregate does not exceed $25,000 in any twelve month period and improvements, assure Landlord, (2) in form satisfactory advance of any such alterations (and in the instance of any change in information previously provided to Landlord, that payment for if and to the same will be made extent applicable), Tenant provides Landlord with (a) construction drawings stamped by Tenant. Tenant hereby completely a registered architect and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with showing the making of such proposed alterations, changes and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures a certification stating the cost of the proposed alterations and other removable equipment installed in signed by an officer of the Premises by entity constituting Tenant and paid (c) a building permit for the proposed alteration issued by Tenant shall remain the property City of Tenant Waltham. Subject to all applicable terms and shall conditions of the Lease (including, without limitation, Landlord's advance approval of plans and drawings, etc.), Landlord agrees in concept that the existing monument sign identifying the tenants and the Building from Fourth Avenue may be removed modified, relocated or replaced (by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed Tenant, at Tenant's costexpense) and a new sign may be installed on the Building (by Tenant, at Tenant's expense). Tenant acknowledges and Tenant agrees that Landlord's agreement in concept as described in this paragraph is subject to (among other things) applicable laws and zoning ordinances. Under no circumstances shall immediately repair any damage caused by such removalLandlord be deemed to be in default under the Lease if those things to which Landlord has agreed in concept are not permitted under applicable law or zoning ordinances or otherwise.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance or any other applicable Section of this Lease Agreement to make such alterationsLease, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change alteration or addition to the Utility Systems or related equipment in the Premises Building or elsewhere on the Property without first having obtained Landlord's the prior written consent theretoof Landlord in advance and in each instance. Any alteration or additions to the Utility Systems, including, without limitation limitation, additional pipes, feeders, risers or the like and any other equipment proper and necessary in connection with such additional pipes, feeders, or risers or the like (collectively “Modified Utility Delivery Facilities”) which may be necessary to meet Tenant’s utility needs, may upon Tenant’s request and Landlord’s consent (as required above in this grammatical paragraph or as may be otherwise required under this Lease) and at the sole cost and expense of Tenant, be installed in accordance with plans and specifications therefor that have been approved in advance and in writing by Landlord; provided, however that the foregoing language of this sentence shall not be deemed to obligate Landlord to consent to any particular plans or specifications or any particular request of Tenant relating to Modified Utility Delivery Facilities. Landlord agrees not to unreasonably withhold, delay or condition Landlord’s consent with respect to any Modified Utility Delivery Facilities, provided such Modified Utility Delivery Facilities are permissible under applicable law, utility provider and insurance company regulations and guidelines, all terms and conditions of this Lease and the installation of such Modified Utility Delivery Facilities will not cause permanent damage or injury to the Building or any other portion of the Property or cause or create a dangerous condition or in any way diminish the value of the Building or the Property, all as determined by Landlord in Landlord’s sole discretion; and provided further that, notwithstanding anything to the contrary above in this Section or elsewhere in this Lease, Landlord may condition any such consent by reserving the right elect to require (a) Tenant, at Tenant’s expense, at the Premises expiration or earlier termination of this Lease, to be restored remove the Modified Utility Delivery Facilities and repair any damage to the Building or the Property caused by such removal and or restore the Building and the Property (as the case may be) to substantially the same condition they were in as prior to the making installation of any such structural change. Tenant shall the Modified Utility Delivery Facilities or (b) pay all to Landlord the cost (as determined by Landlord) to remove the Modified Utility Delivery Facilities and expenses of such alterationsperform the related repairs and restoration contemplated in above in this sentence; provided, changeshowever, and improvementsthat, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, if prior to the making installation of particular Modified Utility Delivery Facilities and as part of Tenant’s request for Landlord’s approval of such alterationsModified Utility Delivery Facilities, changes, Tenant requests in writing that Landlord indicate whether Landlord will require Tenant to remove the Modified Utility Delivery Facilities and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same whether and how Tenant will be made by Tenant. Tenant hereby completely required to repair and fully indemnifies Landlord against any Mechanic's Liens or restore the Building or other liens portion of the Property related to the Modified Utility Delivery Facilities, Landlord shall respond to Tenant reasonably, promptly and in writing and Landlord shall only be able to require Tenant to perform the removal and restoration described in such Landlord response with respect to the Modified Utility Delivery Facilities. Tenant, at Tenant’s expense, shall purchase, install and replace all light bulbs, tubes or claims other consumable light emitting devices used in connection with and about the making of such alterationsProperty. Landlord shall not in any way be liable or responsible to Tenant for any loss, changes and improvements. Any liens arising out of such alterationsdamage or expense which Tenant may incur if the quantity, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, businesscharacter, or improvements and alterations constructed as provided in this Section 11supply of any utility is changed or is no longer available or suitable for Tenant’s requirements.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Sources: Building Lease (D8 Holdings Corp.)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) After the Tenant Improvements have been completed in accordance with the terms of the Work Agreement, Tenant shall make no alterations, improvement or other changes in or to the Premises which will or may affect the mechanical, electrical, plumbing, HVAC or other systems of, or the exterior, roof or structural elements of, the Building, and shall make no changes of any kind respecting the Premises or the Building which are visible from the exterior of the Premises, without Landlord’s prior written consent, to be granted or withheld in Landlord’s sole discretion. Any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s trade fixtures as described in the Section entitled “Trade Fixtures and Equipment” below) made by, for, or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord’s sole election.
(b) Notwithstanding anything contained herein to the contrary, all alterations and improvements undertaken by Tenant shall be consistent with the then-existing quality, color scheme (where appropriate), general aesthetic appearance and tenor of the balance of the Building and, in any event, Landlord may withhold its consent to any proposed alteration or improvement by Tenant unless Tenant agrees to remove said improvement at the end of the Term and restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement. Landlord shall also have the -------------------------------------- right during to approve the continuance contractor or contractors who shall perform any alterations, repairs in, to or about the Premises and to post notices of this Lease Agreement non-responsibility and similar notice, as appropriate. In addition, immediately after completion of any alterations, Tenant shall assign to make Landlord any and all warranties applicable to such alterations and shall provide Landlord with as-built plans of the Premises depicting such alterations, changes . All alterations and improvements to the Premises as may which are undertaken by, or on behalf of, Tenant, shall be proper and necessary for subject to Tenant’s payment to Landlord of a fee (the conduct of Tenant's business and for the full beneficial use “Construction Management Fee”) equal to two percent (2%) of the Premises. total cost of such alterations and improvements; provided, however, that Tenant shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation be obligated to pay Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural change. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims Construction Management Fee in connection with the making construction by Tenant of such alterationsthe initial Tenant Improvements in the Premises. Except as otherwise provided herein, changes Tenant agrees to pay Landlord the Construction Management Fee within ten (10) days after receipt of Landlord’s invoice therefor.
(c) Any alterations of any kind to the Premises or any part thereof, except Tenant’s furniture and improvements. Any liens arising out moveable trade fixtures, shall at once become part of such alterations, changes, the realty and improvements shall be discharged surrendered with the Premises, as a part thereof, at the end of record the Term hereof; provided, however, that Landlord may, by written notice to Tenant within at least thirty (30) days after prior to the same have been filedend of the Term, require Tenant to remove any alterations (including all telecommunications cabling installed by Tenant in the Premises or between the Premises and any other portion of the Building) and to repair any damage to the Premises caused by such removal, all at Tenant’s sole expense. Tenant shall pay any and all taxes relating to its Any article of personal property, businessincluding business and trade fixtures, not attached to or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise providedbuilt into the Premises, all signs, furnishings, trade fixtures and other removable equipment which were installed or placed in the Premises by Tenant at its sole expense, shall be and paid for by Tenant shall remain the property of Tenant and shall may be removed by Tenant upon at any time during the termination of this Lease Agreement Term as long as Tenant is not in default hereunder and provided that Tenant repairs any of such as are affixed damage to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage or the Building caused by such removal.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) 19.1 The Tenant shall not without the Landlord's prior written consent, which consent Landlord shall not be obligated to give, make any alterations, additions or improvements to the demised premises, of a structural nature, structural intended to mean any modification to the exterior walls, structural steel framing, floors, ceilings or any construction or installations which will affect the building structural systems, including plumbing, heating, ventilating, air-conditioning, elevators or stairwells, electrical circuitry, excluding relocation of light fixtures or outlets, or materially change or alter the Tenant's Plan as set forth on Schedule D.
19.2 Tenant shall have the -------------------------------------- right to make non-structural alterations, installations, changes, replacements, additions and/or improvements which do not materially change or alter the Tenant's Plan as set forth on Exhibit B (hereinafter sometimes individually and sometimes collectively referred to as "alterations") to the demised premises during the continuance term of this Lease Agreement to make the lease, provided the same shall not exceed $10,000.00 per annum (non-cumulative); provided, in any event, that any such alterationspermitted installation shall not affect the basic building structure or basic Building systems. Any installation in excess of $10,000.00 shall require Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, providing such changes are non-structural and improvements providing the same do not affect the building structural or operating systems as above defined; which consent may, however, contain provisions relating to the Premises as may procedures to be proper and necessary followed for the conduct removal of Tenant's business and for such alterations at the full beneficial use termination of the Premiseslease. Landlord agrees that it will not unreasonably withhold its consent to any such non-structural alterations. Each such alteration shall be of the same quality as the original construction and finishing of the office space, and shall be done in a good workmanlike manner. Tenant shall not make any structural change have no obligation to remove the alterations or to restore the demised premises to their original condition at the termination of the Lease, unless the same may be required by Landlord, at its option, in the Premises without first having obtained Landlord's written connection with its required consent theretoas set forth under this Article 19, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were obtained by Tenant. Any alterations or improvements done by Tenant as permitted hereunder shall be in prior to the making of any such structural change. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance compliance with all applicable governmental laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, businessrules, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed at Tenant's costregulations pertaining thereto, and Tenant shall immediately repair any indemnify, defend and save harmless Landlord from damage caused or liability occasioned by such removalTenant's alterations or improvements. Any consent required by Landlord under this Article 19 shall be deemed to have been given if Landlord shall fail to respond to Tenant's request within fifteen (15) days after receipt of Tenant's written request.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) 11.1 Landlord’s Consent Required Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement to not make such any alterations, changes and improvements decorations, installations, removals, additions or improvements, including a vivarium not to exceed 3,500 square feet, (collectively, “Alterations”) in or to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use without Landlord’s prior written approval of the Premisescontractor(s), written plans and specifications, a time schedule therefor and the items listed in Exhibit 11 attached hereto and made a part hereof. Landlord reserves the right to require that Tenant use Landlord’s preferred vendor(s) for any Alterations that involve roof penetrations, alarm tie-ins, sprinklers, fire alarm and other life safety equipment. Tenant shall not make any amendments or additions to plans and specifications approved by Landlord without Landlord’s prior written consent. Landlord’s approval of non-structural change Alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord may withhold its consent in its sole discretion (a) to any Alteration to or affecting the roof and/or building systems, (b) with respect to matters of aesthetics relating to Alterations to or affecting the exterior of the Building, (c) to any Alteration affecting the Building structure, and (d) to any Alteration enlarging the rentable square footage of the Premises. Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to any Alterations that are purely decorative in nature nor with respect to any Alterations costing less than $50,000 in any one instance ($150,000 in the Premises without first having obtained Landlord's written consent theretoaggregate per year), without limitation Landlord may condition any up to a maximum of three (3) such consent by reserving Alterations per year, so long as such Alterations do not affect the right to roof, Building systems or Building exterior or require the Premises to be restored to the same condition they were in issuance of a building permit or any other governmental approval (each, a “Permitted Alteration”), provided Tenant shall provide Landlord with reasonably detailed prior to the making of any such structural changewritten notice thereof. Tenant shall pay be responsible for all cost elements of the design of Tenant’s plans (including compliance with Legal Requirements, functionality of design, the structural integrity of the design, the configuration of the Premises and expenses the placement of such alterationsTenant’s furniture, changesappliances and equipment), and improvementsLandlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. In seeking Landlord’s approval, Tenant shall make provide Landlord, at least fourteen (14) business days in advance of any proposed construction, with, to the same extent applicable, plans, specifications, bid proposals, certified stamped engineering drawings and calculations by ▇▇▇▇▇▇’s engineer of record or architect of record (including connections to the Building’s structural system, modifications to the Building’s envelope, non-structural penetrations in a good and workmanlike mannerslabs or walls, and in accordance with all applicable lawsmodifications or tie-ins to life safety systems), codescode compliance certifications, work contracts, requests for laydown areas and such other information concerning the nature and cost of the Alterations as Landlord may reasonably request. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials (whether building regulationsstandard or non-building standard), and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made appliances or equipment selected by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making any work performed by or on behalf of such alterations▇▇▇▇▇▇. Except as otherwise expressly set forth herein, changes and improvements. Any liens arising out of such alterations, changes, and improvements all Alterations shall be discharged done at Tenant’s sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably designate. To the extent applicable, Tenant shall provide Landlord with reproducible record drawings (in CAD format) of record by all Alterations (including the Tenant Improvements) within sixty (60) days after completion thereof. If Tenant shall make any Alterations, including a vivarium, then Landlord may elect, not later than the time of Landlord’s approval thereof (or as soon as reasonably possible and in any event within thirty (30) days after receipt of reasonably detailed notice regarding any Permitted Alterations), to require Tenant at the expiration or sooner termination of the Term to restore the Premises to substantially the same have been filedcondition as existed immediately prior to the Alterations, provided however, if Landlord has elected pursuant to this sentence to require Tenant to remove the Alterations at the expiration or sooner termination of the Term, Landlord, in its sole discretion, may elect at any time prior to the at the expiration or sooner termination of the Term for Tenant to pay to Landlord fifty percent (50%) of the restoration costs with respect to any such Alterations, as such costs are reasonably determined by Landlord, in lieu of Tenant being required to remove such Alteration. Tenant If Landlord does not timely elect to require such removal, then any such Alterations shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in become part of the Premises by Tenant and paid for by Tenant shall remain the property of Tenant upon installation, and shall be removed by Tenant upon surrendered with the termination Premises at the end of this Lease Agreement provided that any of such as are affixed the Term. Subject to the Premises terms and require severance shall be removed at Tenant's costconditions set forth in this Article 11, and Tenant shall immediately repair any damage caused by such removalhave the right to install and maintain a card access system in the Premises. Tenant, at its sole cost and expense, shall furnish to Landlord a reasonable number of devices required to access the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. 12.1 Tenant shall make no alterations, decorations, installations, removals, additions or improvements (acollectively, "ALTERATIONS") in or to the Premises (other than Tenant's Work which shall be governed by the provisions of Article 4 above) without Landlord's prior written consent and then only those made by contractors or mechanics approved by Landlord. Notwithstanding the foregoing, but provided that no HVAC system serving any portion of the Building is adversely affected, Tenant may make non-structural Alterations costing less than $20,000 in any one instance ("PERMITTED ALTERATIONS") without Landlord's prior written consent but subject to the provisions of this Lease including without limitation Article 13 below. No Alterations other than Permitted Alterations shall be undertaken or begun by Tenant until Landlord has approved written plans and specifications and a time schedule for such work. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Landlord's consent and approval required under this Article 12 shall not be unreasonably withheld, conditioned or delayed, except for matters of aesthetics relating to Alterations to or affecting the Rooftop Premises and/or the exterior of the Building, which shall be determined in Landlord's sole discretion. Landlord's approval is solely given for the benefit of Landlord and neither Tenant nor any third party shall have the -------------------------------------- right during to rely upon Landlord's approval of Tenant's plans for any purpose whatsoever. Without limiting the continuance foregoing, Tenant shall be responsible for all elements of this Lease Agreement the design of Tenant's plans (including, without limitation, compliance with Legal Requirements, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of Tenant's plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials (whether building standard or non-building standard), appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises. Any such Alterations shall be done at Tenant's sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably designate. If Tenant shall make any Alterations to the Premises other than the Permitted Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the term hereof to restore the Premises to substantially the same condition as existed immediately prior to the Alteration. Upon Tenant's request, Landlord agrees to make such alterations, changes and improvements to election at the Premises as may be proper and necessary for the conduct of TOLERRX LEASE / BUILDING 300 / EXECUTION VERSION time that Landlord approves Tenant's business and plans for the full beneficial use of the Premisesany such Alterations. Tenant shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation provide Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making with reproducible record drawings of any such structural change. all Alterations within sixty (60) days after completion thereof.
12.2 Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment as additional rent, within ten (10) days after demand therefor, any costs or expenses incurred by Landlord (which shall be reasonably based on Tenant's usage) for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims use of elevators (including without limitation the Freight Elevator) and/or hoisting in connection with the making performance of such alterationsany Alterations. Landlord and Tenant recognize that to the extent Tenant elects to perform some or all of the Alterations during times other than normal construction hours, changes Landlord will need to make arrangements to have supervisory personnel on site. Accordingly, Landlord and improvementsTenant agree as follows: Tenant shall give Landlord at least forty-eight (48) hours' notice of any time outside of normal construction hours when Tenant intends to perform portions of the Alterations. Any liens arising out of such alterationsTenant shall reimburse Landlord, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after demand therefor, for the cost of Landlord's supervisory personnel overseeing such after hours work. In addition, if construction during the normal construction hours unreasonably disturbs other tenants of the Building or the Condominium, in Landlord's sole discretion, Landlord may require Tenant to stop the performance of the Alterations during normal construction hours and to perform the same have been filed. Tenant shall pay any and all taxes relating to its personal propertyafter hours, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed subject to the Premises and require severance shall be removed at Tenantforegoing requirement to pay for the cost of Landlord's cost, and Tenant shall immediately repair any damage caused by such removalsupervisory personnel.
Appears in 1 contract
Sources: Lease Agreement (Tolerrx Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have make no structural changes respecting the -------------------------------------- right during Building without the continuance prior written consent of this Lease Agreement to make such Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any interior or exterior nonstructural changes or other alterations, changes and additions, or improvements to the Premises as may or the Building shall be proper and necessary for made by or on behalf of Tenant only with the conduct prior written consent of Tenant's business and for the full beneficial use of the Premises. Tenant Landlord, which consent Landlord shall not make any structural change in the Premises without first having obtained Landlord's written consent theretounreasonably withhold, without limitation Landlord may condition condition, or delay. Prior to any such consent by reserving Landlord, Tenant shall submit to Landlord reasonably detailed plans and specifications covering the right to require the Premises to be restored proposed work. If Landlord notifies Tenant of any objections to the same condition they were in prior proposed alterations, Tenant must (i) revise the plans and specifications to the making extent reasonably necessary to secure the Landlord’s approval and (ii) submit such revised plans and specifications for Landlord’s approval. Prior to commencement of any such structural changealterations or improvements on the Premises, Tenant shall provide Landlord with evidence of insurance reasonably satisfactory to landlord. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make thereafter have the same in a good and workmanlike manner, and alterations performed in accordance with all applicable laws, codes, the approved plans and building regulations, and shall, prior specifications.
(b) Tenant agrees that any damage to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made Premises caused by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, and improvements ’s construction work shall be discharged of record by Tenant within repaired at Tenant’s sole cost and expense. No later than thirty (30) days after completion of any construction work by Tenant hereunder, Tenant shall provide to Landlord (i) an affidavit from the general contractor performing the work that same has been substantially completed in accordance with the approved plans and specifications and that all mechanics and materialmen engaged by the general contractor in connection therewith have been filed. paid in full; (ii) a waiver of liens with respect to such construction work executed by the general contractor and any other contractor with whom Tenant shall has directly contracted, except as to any contractor for which Tenant has obtained a bond to pay any claims by such persons; and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11(iii) a certificate of occupancy for the Premises from the applicable governmental authorities.
(bc) Except as otherwise providedLandlord shall notify Tenant at the time Tenant obtains Landlord’s approval for any alterations, all signsadditions or improvements, furnishingsincluding without limitation any partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s trade fixtures and other removable equipment installed as described in Paragraph 11 herein) to be made by, for, or at the Premises by Tenant and paid for by Tenant shall remain the property direction of Tenant and whether Landlord shall require Tenant to remove the same at the expiration or earlier termination of this Lease. All alterations, additional or improvements that Landlord does not require to be removed by Tenant upon at the expiration or earlier termination of this Lease Agreement provided that any shall, when made, become the property of such as are affixed Landlord and shall remain upon the Premises at the expiration or earlier termination of this Lease.
(d) Tenant shall make the following items of repair/maintenance to the Premises within six (6) months of the Lease Date: (i) repair or replace the areas of the carpet that are wrinkled, bubbled up or overlapping; (ii) repair the outside concrete stairs that are worn, cracked or damaged; (iii) repair or replace floor tiles in the IT room that are lifting, worn, cracked or in need of replacement; and require severance (iv) remove or replace the electrical panel box in the electrical room that is blown or has black marks on exterior. Tenant shall provide Landlord with evidence that the above items have been repaired or replaced within the time period set forth above. In the event Tenant fails to provide such evidence, then Landlord may, but shall not be obligated to, perform such repairs and/or replacements and charge the cost thereof, plus an administrative fee in the amount of fifteen percent (15%) of the cost thereof, to Tenant as additional Rent, which amount shall be removed at Tenant's cost, due and Tenant shall immediately repair any damage caused by such removalpayable to Landlord with the next installment of Rent due hereunder.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement to make such no alterations, improvements or other changes and improvements (collectively, “Alterations”) in or to the Premises as which will or may be proper affect the mechanical, electrical, plumbing, HVAC or other systems of, or the exterior, roof or structural elements of, the Building, and necessary for shall make no Alterations of any kind respecting the conduct of Tenant's business and for Premises or the full beneficial use Building which are visible from the exterior of the Premises, without Landlord’s prior written consent, to be granted or withheld in Landlord’s sole discretion. Any other nonstructural Alterations to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. If any Alteration requires Landlord to make any structural change alterations or improvements to any part of the Building in the Premises without first having obtained Landlord's written consent thereto, order to comply with applicable law (including without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural change. Americans With Disabilities Act, as amended), Tenant shall pay all cost costs and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made incurred by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and alterations or improvements. Any liens arising out All Alterations, including without limitation all partitions, walls, railings, carpeting (excluding area rugs which are not attached to the floor of such alterationsthe Premises), changesfloor and wall coverings and other fixtures (excluding, however, Tenant’s trade fixtures as described in the Section entitled “Trade Fixtures and improvements shall be discharged of record by Tenant within thirty (30Equipment” below) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal propertymade by, businessfor, or improvements and alterations constructed as provided in this Section 11at the direction of Tenant shall, when made, become the property of Landlord, at Landlord’s sole election.
(b) Except Notwithstanding anything contained herein to the contrary, all Alterations shall be consistent with the then-existing quality, color scheme (where appropriate), general aesthetic appearance and tenor of the balance of the Building. Landlord shall also approve the contractor or contractors who shall perform any Alterations, repairs in, to or about the Premises, which approval shall not be unreasonably withheld, conditioned or delayed, and to post notices of non-responsibility and similar notices, as otherwise appropriate. In addition, immediately after completion of any Alterations, Tenant shall assign to Landlord any and all warranties applicable to such Alterations and shall provide Landlord with as-built plans of the Premises depicting such Alterations.
(c) Any Alterations of any kind to the Premises or any part thereof, except Tenant’s furniture, accessories and moveable trade fixtures, shall at once become part of the realty and shall be surrendered with the Premises, as a part thereof, at the end of the Term hereof; provided, however, that Landlord may, by written notice given to Tenant at the time Landlord consents to such Alteration, require Tenant to remove any Alterations and to repair any damage to the Premises caused by such removal, all signsat Tenant’s sole expense. Further, furnishingsat the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, remove all telecommunications and computer cabling installed by Tenant within the Premises or any other portion of the Building. In the event Tenant fails to remove such cabling within five (5) days after the expiration or earlier termination of this Lease, Landlord may elect to remove same and Tenant shall promptly reimburse Landlord for all costs incurred by Landlord in connection with the removal of such equipment plus an administration fee equal to twenty-five percent (25%) of such cost. In the event Tenant fails to promptly pay such amounts, Landlord shall be entitled to deduct such amounts from the Security Deposit prior to returning same to Tenant. Any article of personal property, including business and trade fixtures and other removable equipment fixtures, which were installed or placed in the Premises by Tenant at its sole expense, shall be and paid for by Tenant shall remain the property of Tenant and shall may be removed by Tenant upon at any time during the termination of this Lease Agreement Term as long as Tenant is not in default hereunder and provided that Tenant repairs any of such as are affixed damage to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage or the Building caused by such removal.
(d) Tenant shall keep the Premises free from any liens arising out of any work performed on, or materials furnished to, the Premises, or arising from any other obligation incurred by Tenant. If any mechanic’s or materialmen’s lien is filed against the Premises, the Building and/or the Land for work claimed to have been done for or materials claimed to have been furnished to Tenant, such lien shall be discharged by Tenant within twenty (20) days after Tenant has actual notice of such lien, at Tenant’s sole cost and expense, by the payment thereof or by filing any bond required by law. If Tenant shall fail to timely discharge any such mechanic’s or materialman’s lien, Landlord may, at its option, discharge the same and treat the cost thereof as Additional Rent payable with the installment of rent next becoming due; it being expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging the same. Tenant shall indemnify and hold harmless Landlord, the Premises and the Building from and against any and all expenses, liens, claims, actions or damages to person or property in connection with any such lien or the performance of such work or the furnishing of such materials. Tenant shall be obligated to, and Landlord reserves the right to, post and maintain on the Premises at any time such notices as shall in the reasonable judgment of Landlord be necessary to protect Landlord against liability for all such liens or actions
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement to make such non-structural alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises, alterations or additions to the exterior of the Premises (unless such alterations or additions are cosmetic in nature), or penetrations of the roof (except in connection with the re-installation of Tenant's equipment pursuant to Exhibit B hereof ), without first having obtained Landlord's written consent thereto, without limitation which consent may be withheld in Landlord's sole discretion. Without limitation, Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural or exterior change. Tenant shall pay all cost costs and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. , Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 119. Upon completion of any non-cosmetic alterations, Tenant shall provide Landlord an "As Built" plan of the Premises showing such alterations in reasonable detail. With respect to any non-cosmetic alteration, change or improvement performed by Tenant after the date hereof, Tenant will restore the Premises to the condition which existed prior to the making of alterations, changes or improvements, at the expiration or earlier termination of the Term, unless Landlord has failed to request such restoration at the time Landlord's consent is granted, if such consent is required, or by notice to Tenant that Landlord shall waive its rights to require such restoration, in which event Tenant shall have no obligation to restore the Premises. Such waiver by Landlord may be in whole or in part, and if in part, subject to the preceding sentence, Tenant shall restore to the extent such obligation is not waived by Landlord. Any cabling or wiring installed in the Premises shall be removed by Tenant at the end of the Term if and to the extent so requested by Landlord.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant (whether before or during the Term) and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that if any of such as the same are affixed to the Premises and require severance shall be removed at Tenant's costPremises, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Sources: Lease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement to make such alterationsno changes, changes and improvements alterations or additions to the Premises as may be proper and without the prior written permission of the Landlord. Landlord agrees not to withhold unreasonably its consent for Tenant to make renovations necessary for the conduct operation of Tenant's business and for the full beneficial use of the Premises’s business. Tenant shall not make submit plans and specifications for any structural change in the Premises without first having obtained such improvements to Landlord and obtain Landlord's ’s written consent thereto, without limitation Landlord may condition prior to commencing any such consent by reserving the right to require the Premises to work. All such work shall be restored to the same condition they were in prior to the making of any such structural change. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same performed in a good and workmanlike manner, manner and shall be in accordance compliance with all applicable lawsgovernmental laws and regulations. Tenant shall be solely responsible at its own expense for obtaining any permits required for any renovations. Landlord shall not be liable for any failure of any building facilities or services (including, codesbut not limited to, the heating or air conditioning equipment in the Premises) caused by alterations, installations and/or additions by Tenant, and building regulationsTenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such corrections and shall, prior charge Tenant for the cost thereof. Such sum due Landlord shall be deemed additional rent and shall be paid by Tenant promptly upon being billed thereof. Prior to commencing any work pursuant to the making provision of such alterations, changes, and improvements, assure Landlord, in form satisfactory this Paragraph. Tenant shall furnish to Landlord, : (i) copies of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that payment for the same will be made by Tenant (or Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims ’s contractors) has (have) procured workers’ compensation insurance covering all persons employed in connection with the making of work who might assert claims for death or bodily injury against Landlord, Tenant or the Premises; and (iii) such alterations, changes additional personal injury and improvements. Any liens arising out of such alterations, changes, property damage insurance (over and improvements shall above the insurance required to be discharged of record carried by Tenant within thirty (30) days after pursuant to the same have been filed. Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination provisions of this Lease Agreement provided that any Lease) as Landlord may reasonably require because of such as are affixed the nature of the work to the Premises and require severance shall be removed at done by Tenant's cost, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Sources: Lease Agreement (Pdi Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have make no structural changes to the -------------------------------------- right during Premises or the continuance Building (or to the mechanical or building systems of the Building) and shall make no changes of any kind respecting the Premises or the Building which are visible from the exterior of the Premises without Landlord’s prior written consent, to be granted or withheld in Landlord’s sole discretion. Any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s trade fixtures as described in the paragraph entitled “Trade Fixtures and Equipment” below) made by, for, or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord’s sole election and shall, unless otherwise specified by Landlord at the time of Landlord’s approval of same or Tenant’s installation of same, remain upon the Premises at the expiration or earlier termination of this Lease Agreement Lease. Notwithstanding anything contained herein to make such alterationsthe contrary, changes all alterations and improvements undertaken by Tenant shall be consistent with the then-existing quality, color scheme (where appropriate), general aesthetic appearance and tenor of the balance of the Building and, in any event, Landlord may withhold its consent to any proposed alteration or improvement by Tenant unless Tenant agrees to remove said improvement at the end of the Term and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement. Further, all alterations and improvements to the Premises Premises, including without limitation the Tenant Improvements, whether undertaken by Tenant or Landlord shall be subject to a fee (the “Construction Management Fee”). Tenant agrees to pay Landlord the Construction Management Fee as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use follows:
(a) Five percent (5%) of the Premises. Tenant shall not make total cost of planning and constructing any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural change. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, alterations and improvements shall be discharged of record by Tenant within thirty if such construction costs exceed Ten Thousand and No/100 Dollars (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.$10,000.00); and
(b) Except as otherwise provided, all signs, furnishings, trade fixtures Ten percent (10%) of the total cost of planning and other removable equipment installed in the Premises by Tenant constructing any alterations and paid for by Tenant shall remain the property of Tenant improvements if such construction costs are less than Ten Thousand and shall be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage caused by such removalNo/100 Dollars ($10,000.00).
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have make no structural changes respecting the -------------------------------------- right during Building without the continuance prior written consent of this Lease Agreement to make such Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any interior or exterior nonstructural changes or other alterations, changes and additions, or improvements to the Premises as may or the Building shall be proper and necessary for made by or on behalf of Tenant only with the conduct prior written consent of Tenant's business and for the full beneficial use of the Premises. Tenant Landlord, which consent Landlord shall not make any structural change in the Premises without first having obtained Landlord's written consent theretounreasonably withhold, without limitation Landlord may condition condition, or delay. Prior to any such consent by reserving Landlord, Tenant shall submit to Landlord reasonably detailed plans and specifications covering the right to require the Premises to be restored proposed work. If Landlord notifies Tenant of any objections to the same condition they were in prior proposed alterations, Tenant must (i) revise the plans and specifications to the making extent reasonably necessary to secure the Landlord’s approval and (ii) submit such revised plans and specifications for Landlord’s approval. Prior to commencement of any such structural changealterations or improvements on the Premises, Tenant shall provide Landlord with evidence of insurance reasonably satisfactory to landlord. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make thereafter have the same in a good and workmanlike manner, and alterations performed in accordance with all applicable laws, codes, the approved plans and building regulations, and shall, prior specifications.
(b) Tenant agrees that any damage to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made Premises caused by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, and improvements ’s construction work shall be discharged of record by Tenant within repaired at Tenant’s sole cost and expense. No later than thirty (30) days after completion of any construction work by Tenant hereunder, Tenant shall provide to Landlord (i) an affidavit from the general contractor performing the work that same has been substantially completed in accordance with the approved plans and specifications and that all mechanics and materialmen engaged by the general contractor in connection therewith have been filed. paid in full; (ii) a waiver of liens with respect to such construction work executed by the general contractor and any other contractor with whom Tenant shall has directly contracted, except as to any contractor for which Tenant has obtained a bond to pay any claims by such persons; and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11(iii) a certificate of occupancy for the Premises from the applicable governmental authorities.
(bc) Except as otherwise providedLandlord shall notify Tenant at the time Tenant obtains Landlord’s approval for any alterations, all signsadditions or improvements, furnishingsincluding without limitation any partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s trade fixtures and other removable equipment installed as described in Paragraph 11 herein) to be made by, for, or at the Premises by Tenant and paid for by Tenant shall remain the property direction of Tenant and whether Landlord shall require Tenant to remove the same at the expiration or earlier termination of this Lease. All alterations, additional or improvements that Landlord does not require to be removed by Tenant upon at the expiration or earlier termination of this Lease Agreement provided that any shall, when made, become the property of such as are affixed to Landlord and shall remain upon the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage caused by such removalthe expiration or earlier termination of this Lease.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have make no structural changes to the -------------------------------------- right during Premises or the continuance Building (or to the mechanical or building systems of the Building) and shall make no changes of any kind respecting the Premises or the Building which are visible from the exterior of the Premises without Landlord's prior written consent, to be granted or withheld in Landlord's sole discretion. Any other nonstructural changes or other alterations, additions, or improvements to the Premises, except for cosmetic, non-structural alterations, such as painting, carpeting and wallpapering, costing less than $55,000.00 per alteration or series of related alterations, which shall require advance written notice to Landlord (but shall not require Landlord's prior consent), shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant's trade fixtures as described in the paragraph entitled "Trade Fixtures and Equipment" below) made by, for, or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord's sole election and shall, unless otherwise specified by Landlord at the time Landlord gives its consent thereto, remain upon the Premises at the expiration or earlier termination of this Lease Agreement Lease. Notwithstanding anything contained herein to make such alterationsthe contrary, changes all alterations and improvements undertaken by Tenant shall be consistent with the then-existing quality and color scheme (where appropriate), of the balance of the Building and, in any event, Landlord may withhold its consent to any proposed alteration or improvement by Tenant unless Tenant agrees to remove said improvement at the end of the Term and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement. Further, all alterations and improvements to the Premises Premises, other than the Tenant Improvements (which shall be governed by the terms of Section 3(c) herein), whether undertaken by Tenant or Landlord shall be subject to a fee (the "Construction Management Fee"). Landlord agrees to provide all such services as may be proper are customary and necessary appropriate for a construction manager and Tenant agrees to pay Landlord the conduct of Tenant's business and for the full beneficial use Construction Management Fee as follows:
(a) Five percent (5%) of the Premises. Tenant shall not make total cost of planning and constructing any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural change. Tenant shall pay all cost and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, alterations and improvements shall be discharged if such construction costs exceed Ten Thousand and No/100 Dollars ($10,000.00); and
(b) Ten percent (10%) of record by the total cost of planning and constructing any alterations and improvements if such construction costs are less than Ten Thousand and No/100 Dollars ($10,000.00). Except as otherwise provided herein, Tenant agrees to pay Landlord the Construction Management Fee within thirty (30) days after the same have been filedreceipt of Landlord's invoice therefor. Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain the property of Tenant and If Landlord does not provide construction management services there shall be removed no Construction Management Fee and Tenant will only be responsible for reimbursing Landlord for reasonable out-of-pocket costs incurred by Tenant upon the termination Landlord in connection with Landlord's construction manager's review of this Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed at Tenant's cost, plans for alterations and Tenant shall immediately repair any damage caused by such removalimprovements.
Appears in 1 contract
Sources: Lease Agreement (Oni Systems Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Extension of Lease Agreement to make such alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural change. Tenant shall pay all cost costs and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. , Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall remain remain, the property of Tenant and shall be removed by Tenant upon the termination of this Extension of Lease Agreement provided that any of such as are affixed to the Premises and require severance shall be removed at Tenant's cost, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Sources: Lease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall have the -------------------------------------- right during the continuance of this Lease Agreement to make such non-structural alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises, alterations or additions to the exterior of the Premises (unless such alterations or additions are cosmetic in nature), or penetrations of the roof (except in connection with the re-installation of Tenant's equipment pursuant to Section 6(b) hereof, without first having obtained Landlord's written consent thereto, without limitation which consent may be withheld in Landlord's sole discretion. Without limitation, Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior to the making of any such structural or exterior change. Tenant shall pay all cost costs and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. , Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 119. Upon completion of any non-cosmetic alterations, Tenant shall provide Landlord an "As Built" plan of the Premises showing such alterations in reasonable detail. With respect to any non-cosmetic alteration, change or improvement performed by Tenant, after the date hereof, Tenant will restore the Premises to the condition which existed prior to the making of alterations, changes or improvements, at the expiration or earlier termination of the Term, unless Landlord has failed to request such restoration at the time Landlord's consent is granted, if such consent is required, or by notice to Tenant that Landlord shall waive its rights to require such restoration, in which event Tenant shall have no obligation to restore the Premises. Such waiver by Landlord may be in whole or in part, and if in part, subject to the preceding sentence, Tenant shall restore to the extent such obligation is not waived by Landlord. Any cabling or wiring installed in the Premises shall be removed by Tenant at the end of the Term if and to the extent so requested by Landlord.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant (whether before or during the Term) and paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that if any of such as the same are affixed to the Premises and require severance shall be removed at Tenant's costPremises, and Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Sources: Lease Agreement (Spire Corp)