Alterations by Tenant. No alterations shall be made by Tenant unless the following conditions are met: (a) Tenant shall have received the prior written consent of Landlord, which consent shall not be unreasonably withheld. (b) All such alterations or improvements shall be performed by Landlord at Tenant’s expense, or by a contractor approved by Landlord. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractors. (c) Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof; (d) all alterations when completed shall be of such a nature as not to (i) reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises; (e) all alterations made by Tenant shall remain on and be surrendered with the Premises on expiration or earlier termination of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination of the Lease, to require Tenant to remove any and all alterations Tenant had made to the Premises;
Appears in 4 contracts
Sources: Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.)
Alterations by Tenant. No Tenant shall not make any alterations, renovations, improvements or other installations to the Premises (including, without limitation, any alterations shall be made by Tenant of the signs, structural alterations or any cutting or drilling into any part of the Premises) unless the following conditions are met:
and until (ai) Tenant shall have received the caused detailed plans and specifications therefor to have been prepared and delivered, at Tenant's expense, by a licensed architect or other duly qualified person, and (ii) Tenant shall have obtained Landlord's prior written consent of Landlordapproval thereof, which consent approval shall not be unreasonably withheld.
(b) , conditioned or delayed. If approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently and competently by duly qualified or licensed persons or entities without interference with or disruption of the operations of tenants or other users and occupants of the Building. All such alterations or improvements work shall be performed by Landlord at Tenant’s expense, or by a contractor approved by Landlord. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance comply with all lawsapplicable governmental codes, rules rules, regulations and regulations of governmental agencies or authoritiesordinances. Any work by Landlord shall be performed at a fee competitive with local contractors.
(c) Notwithstanding the foregoing, Tenant shall have procured the right, without Landlord's consent (Tenant must, however, provide notice to Landlord in accordance with the terms of this Section), to repaint and/or recarpet all permits, licenses and other authorizations required for the lawful and proper undertaking thereof;
(d) all alterations when completed shall be of such a nature as not to (i) reduce or otherwise adversely affect the value any portion of the Premises; (ii) diminish Premises at any time or from time to time or to make any non-structural alteration the general utility or change the general character thereof; (iii) result in an increase cost of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises;
(e) all alterations made by Tenant shall remain on and be surrendered with the Premises on expiration or earlier termination of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination of the Lease, to require Tenant to remove which does not exceed $10,000 for any and all alterations Tenant had made to the Premises;alteration project.
Appears in 2 contracts
Sources: Office Lease Agreement (Teligent Inc), Office Lease Agreement (NHP Inc)
Alterations by Tenant. No alterations Tenant shall not make any alterations, additions, improvements or other changes in or to the Premises (the “Alterations”) without Landlord’s prior written consent, other than the installation of typical office decorations, furniture, furnishings, cosmetic or other minor works (i.e. painting, carpeting, minor repair and restorations) (such consent not to be unreasonably withheld, conditioned or delayed), provided, however, that if the proposed Alterations will adversely affect the exterior or structural components of the Building, or the Building systems (including, but not limited to, the electric, HVAC, plumbing, telecommunication and security systems), Tenant must obtain Landlord’s written consent and Landlord may withhold its consent to such Alterations in Landlord’s sole discretion. If Landlord does not respond within ten (10) days after receipt of any written request by Tenant for approval of any such Alterations, Landlord shall be made by Tenant unless the following conditions are met:
(a) Tenant shall deemed to have received the prior approved any such Alteration specified in Tenant’s written consent of request for Landlord’s approval. Without limitation, which consent it shall not be unreasonably withheld.
(b) unreasonable for Landlord to withhold its consent to any Alterations which would impose on Landlord any special maintenance, repair or replacement obligations not within the scope of those expressly provided for herein, unless Tenant agrees, at the time of its request for approval or notice of such Alterations, to pay all costs associated with Landlord’s meeting the additional obligations. All such alterations or improvements Alterations shall be performed by Landlord at Tenant’s expense, or by a contractor approved by Landlord. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractors.
(c) Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof;
(d) all alterations when completed shall be of such a nature as not to (i) reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises;
(e) all alterations made by Tenant shall remain on and be surrendered with the Premises on expiration or earlier termination of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination of the Lease, to require Tenant to remove any and all alterations Tenant had made subject to the Premises;provisions of Sections 10.2, 10.3 and 10.4 below.
Appears in 2 contracts
Sources: Lease Agreement (Spero Therapeutics, Inc.), Lease Agreement (Spero Therapeutics, Inc.)
Alterations by Tenant. No alterations shall be made by Tenant unless the following conditions are met:
(a) Tenant shall have received not make any improvements, alterations or additions (other than the Repair Items) in or to the Premises within the Term (“Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld.
(b) All withheld or delayed and which in any event shall not be withheld if such alterations Alteration is required to eliminate or improvements cure the violation of a Legal Requirement. Notwithstanding the foregoing, Tenant may place and replace its trade fixtures, tools, machinery and systems serving such trade fixtures, tools and machinery, as well as furniture, floor coverings, equipment and other tangible personal property in the Premises and may make Minor Alterations as it may desire at its own expense without Landlord’s approval or consent, but with prior written notice to Landlord. Any such Minor Alterations shall be performed by Landlord at Tenant’s expense, or by a contractor approved by Landlord. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or in compliance with all lawsof the terms and conditions of this Lease. As used herein, rules and regulations of governmental agencies or authorities. Any work by Landlord “Minor Alterations” shall be performed at a fee competitive with local contractors.
(c) Tenant shall have procured all permits, licenses and other authorizations required for mean Alterations costing in the lawful and proper undertaking thereof;
(d) all alterations when completed shall be of such a nature as not to aggregate less than $250,000.00 annually which (i) reduce shall not affect the exterior or otherwise the Structure of the Buildings; (ii) shall not adversely affect the value proper functioning of any of the Building Systems (including, without limitation, the heating, ventilation, air conditioning, plumbing, electrical, fire, health and life safety, sprinkler or security systems serving the Buildings); (iii) shall not jeopardize health, safety or life safety; (iv) shall not require a change to the certificate of occupancy for the Buildings due to an intended change in use of all or any portion of the Premises; (iiv) diminish shall not cause the general utility or change Premises to be in violation of any Legal Requirements; and (vi) are not visible from the general character thereof; (iii) result in an increase exterior of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises;
(e) all alterations made by Tenant shall remain on and be surrendered with the Premises on expiration or earlier termination of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination of the Lease, to require Tenant to remove any and all alterations Tenant had made to the Premises;.
Appears in 2 contracts
Sources: Lease Agreement (Mercury Computer Systems Inc), Lease Agreement (Mercury Computer Systems Inc)
Alterations by Tenant. No alterations alterations, additions, improvements or roof penetrations ("Alterations"), in excess of $5, 000.00, shall be made by Tenant unless in or to the following conditions are met:
(a) Tenant shall have received Demised Premises or Tenant's Building without the prior written consent of Landlord, in writing, in advance, which consent shall not be unreasonably withheld.
(b) . All such alterations or improvements shall be performed at the expense of Tenant, except for such that are made by Landlord at Tenant’s expense, or by a contractor approved by Landlord. Landlord’s approval agreement of the plansLandlord and amortized into this Lease, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractors.
(c) Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof;
(d) all alterations when completed shall be of such a nature as not to (i) reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises;
(e) all any alterations made by Tenant shall remain on be in quality at least equal to the present construction. If Landlord shall consent, all Alterations (including, but not limited to, security, electrical and plumbing installations; heating, cooling and refrigeration units; and trade fixtures) installed or made by Tenant shall, at Landlord's option, belong to Landlord at the end of this lease or any extension, thereof. All alterations shall be surrendered done at such times and in such a manner as shall minimize any inconvenience to other tenants of Tenant's Building. Tenants shall comply with all governmental rules and regulations in connection with such work; shall prevent any lien or obligation from being created against or imposed upon the Demised Premises; will discharge all liens in accordance with the Premises on expiration provisions of Article 12 herein; and will pay all charges for services rendered or earlier termination material furnished immediately after they become due and payable. If arranged with Landlord, in writing, in advance, certain Alternations made by Tenant may be removed by Tenants at a later date, provided such arrangement includes an approved plan of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination of the Lease, restoration. Equipment excepting built-in equipment installed by tenant relative to require Tenant to remove any and all alterations Tenant had made to the Premises;tenants business may be removed.
Appears in 2 contracts
Sources: Lease Agreement (Syneron Medical Ltd.), Lease Amendment (Syneron Medical Ltd.)
Alterations by Tenant. No alterations shall be made by Tenant unless will not make any change in, or addition to, the following conditions are met:
(a) Tenant shall have received the prior written Premises without first obtaining, on each occasion, Landlord's consent of Landlordin writing, which consent shall not be unreasonably withheld.
, conditioned or delayed, and then only at Tenant's expense, and in a lawful manner subject to (a) maintenance of insurance in form and substance satisfactory to Landlord and (b) All such compliance with Sections 7.9 and 7.11; provided, however, that Tenant may, upon prior written notice to, but without the requirement of consent of, Landlord, make the following alterations or improvements shall be performed by Landlord at Tenant’s expense, or by a contractor approved by Landlord. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractors.
additions (c) Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof;
(d) all alterations when completed shall be of such a nature as not to "Permitted Alterations"): (i) reduce alterations or additions which (1) are non-structural, (2) do not penetrate or otherwise affect the roof of the Building, (3) do not materially adversely affect the value of the Premises; Building systems, and (4) are not reasonably anticipated to cost more than $100,000 in any single instance or related instances, and (ii) diminish alterations which are purely cosmetic in nature, such as paint, wallcovering, carpeting and the general utility like, regardless of cost. Any such alteration or change addition shall be consistent with the general character thereof; Permitted Use and shall be made only after duly obtaining (iiiand providing to Landlord copies of) result all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in an increase writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed plans and specifications. The contractor(s) performing the Operating Expenseswork other than Permitted Alterations shall be subject to Landlord's approval, which shall not be unreasonably withheld, conditioned or (iv) adversely affect the mechanicaldelayed. All approved repairs, electricalinstallations, plumbingalterations, security additions or other such systems of the Building or the Premises;
(e) all alterations improvements made by Tenant shall be made in a good and workmanlike manner and in such a way that BAE will not suffer unreasonable inconvenience or interference as reasonably determined by Landlord. Tenant agrees not to construct or permit the installation of partitions and/or other obstructions in the Premises which might interfere with Landlord's free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the HVAC systems in the Building. Except as herein otherwise provided, all installations, alterations, additions or improvements in or to the Premises shall become the property of Landlord and shall remain on upon, and be surrendered with with, the Premises on expiration at the end of the Lease Term or earlier sooner termination of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination . Without limiting the generality of the Leaseforegoing, the provisions of this Section 7.5 shall be applicable to require Tenant to remove any and all alterations Tenant had made to the Premises;Tenant's Work.
Appears in 1 contract
Alterations by Tenant. No alterations shall be made by Tenant unless the following conditions are met:
(a) Tenant shall have received not make any structural changes to the interior of Tenant's Building, or any change which shall adversely effect or diminish the utility or value of the Leased Premises or Tenant's Building, or any change to or which is visible from, the exterior of Tenant's Building without the prior written consent of Landlord. No building or other improvements at any time on the Leased Land shall be demolished without the prior written consent of the Landlord and any mortgagee of Landlord. All permitted changes and alterations (herein collectively referred to as "Alterations") shall be made in all cases subject to the following conditions, which consent Tenant hereby covenants and agrees to keep, observe and perform:
(a) No Alteration shall not be unreasonably withheld.undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and any authorizations of the various municipal departments and governmental subdivisions having jurisdiction, and Landlord agrees to join, at the expense of Tenant, in the application for any such permit or authorizations whenever such action is necessary.
(b) All such alterations or improvements shall be performed by Landlord at Tenant’s expenseEach Alteration, or by a contractor approved by Landlord. Landlord’s approval of the planswhen completed, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractors.
(c) Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof;
(d) all alterations when completed shall be of such a nature character as to not to (i) reduce or otherwise adversely affect or diminish the value or utility of the Premises; improvements and equipment on the Leased Land immediately before such Alteration.
(iic) diminish All work done in connection with any Alteration shall be done promptly and in a good and workmanlike manner and in compliance with the general utility or change the general character applicable municipal building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof; (iii) result the cost of any such Alteration shall be paid in an increase of cash or its equivalent, so that no liens shall be enforced against the Operating Expenses, Leased Premises for labor and materials supplied or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises;
(e) all alterations made by Tenant shall remain on and be surrendered with the Premises on expiration or earlier termination of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination of the Lease, claimed to require Tenant to remove any and all alterations Tenant had made have been supplied to the Leased Premises;.
Appears in 1 contract
Sources: Ground Lease (Embassy Bancorp, Inc.)
Alterations by Tenant. No alterations shall be made by The Tenant unless may from time to time at its own expense make changes, additions and improvements to the following conditions are metLeased Premises to better adapt the same to its business, provided that any change, addition or improvement shall:
(a) comply with the requirements of the Landlord's insurers and any governmental or municipal authority having jurisdiction;
(b) be made only if, prior to preparation of any plans and specifications and prior to commencement of any work in the Leased Premises, including, without limiting the generality of the foregoing, any demolition, construction or alterations, the Tenant has determined through testing at its own cost and expense what Pollutants, if any, are present in the Leased Premises and, if the Tenant fails to do so, the Tenant acknowledges and agrees that it shall indemnify and hold harmless the Landlord from and against any and all Claims growing or arising out of the Tenant's failure to do so;
(c) be made only after detailed plans and specifications therefor have been submitted to the Landlord and received the prior written consent approval of the Landlord, which consent all at the expense of the Tenant, and should the Landlord provide its written approval, such approval shall not be unreasonably withheld.
(b) All such alterations deemed to mean that the proposed changes, additions or improvements comply with any existing or future municipal by-laws or any other applicable laws, by-laws, codes or MORGUARD February 2005 - Net Office, Multi-Tenant (General Application) requirements. All costs incurred with respect to such approval shall be at the expense of the Tenant. Any changes, additions and/or improvements affecting the Building's electrical, mechanical and/or structural components shall only be performed by contractors selected by the Landlord at Tenant’s expense, or by a contractor approved by (the "Landlord's Contractors"). Landlord’s approval A list of the plans, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractors.
(c) Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereofLandlord's Contractors is available upon request;
(d) all alterations when completed shall be of such a nature as not to (i) reduce equal or otherwise adversely affect exceed the value of then current standard for the Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the PremisesBuilding;
(e) be carried out in a good and workmanlike manner and, subject to Subsection 7.04(c), only by Persons selected by the Tenant and approved in writing by the Landlord who shall, if required by the Landlord, deliver to the Landlord before commencement of the work, performance and payment bonds as well as proof of workers' compensation and public liability and property damage insurance coverage, with the Landlord and the Landlord's Agent and nominee (if any) named as additional insureds, in amounts, with companies and in a form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the work will be carried out; and
(f) be made only after the Tenant has provided to the Landlord evidence of all alterations made requisite permits and licenses and any other information reasonably required by the Landlord. Upon completion of such change, addition or improvement, the Tenant shall remain on and be surrendered with the Premises on expiration or earlier termination of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination of the Lease, to require Tenant to remove any and all alterations Tenant had made provide to the Premises;Landlord as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which issued the permit or license for same.
Appears in 1 contract
Alterations by Tenant. No alterations shall be made by Tenant unless all of the following conditions are met:
(a) Tenant shall have received the prior written consent of Landlord, which consent shall not be unreasonably withheld.;
(b) All such alterations or improvements shall be performed by Landlord at Tenant’s 's expense, or by a contractor approved by Landlord. Landlord’s 's approval of the plans, specifications and working drawings for Tenant’s 's Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractors.;
(c) Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof;
(d) all alterations when completed shall be of such a nature as not to (i) reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of in the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises;; and
(e) all alterations made by or on behalf of Tenant shall remain on and be surrendered with the Premises on expiration or earlier termination of this Lease, except that Landlord can elect, within thirty (30) days before expiration or earlier termination of the Lease, may elect to require Tenant to remove any and all alterations Tenant had made to by or for the Premises;benefit of Tenant.
Appears in 1 contract
Sources: Lease Agreement (Bright Mountain Holdings, Inc./Fl)
Alterations by Tenant. No alterations shall be made by Tenant after completion of the Initial Leasehold Improvements unless the following conditions are met:
(a) Tenant shall provide a sealed set of plans prepared and certified by an architect to Landlord, and Tenant shall have received the prior written consent of Landlord, which consent shall not be unreasonably withheld.;
(b) All such alterations or improvements shall be performed by Landlord at Tenant’s 's expense, or by a licensed contractor approved by Landlord. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractors.;
(c) Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof, and immediately upon completion of any such alterations, Tenant shall obtain a proper Certificate of Occupancy and deliver same to Landlord;
(d) all All alterations when completed shall be of such a nature as not to (i) reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises;
(e) all All such alterations made by Tenant shall remain on and be surrendered with the Premises on expiration or earlier termination of this Lease, except Landlord may require that Landlord can elect, within thirty (30) days before upon expiration or earlier termination of the Lease, to require Lease that Tenant to remove any and all such alterations Tenant had has made to the Premises;; and
(f) Tenant shall be liable for any increase in the Building insurance costs caused, in whole or part, by any alterations make by Tenant to the Premises.
Appears in 1 contract
Alterations by Tenant. No alterations shall be made by Tenant unless the following conditions are met:
(aA) Tenant shall have received not make or perform, or permit the making or performance of, any alterations, installations (including, without limitation, installations of equipment), decorations, improvements, additions or other physical changes in or about the Premises (referred to collectively, as “Alterations”) without Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld.
; provided, however, Landlord’s consent shall not be required for any minor Alterations (“Minor Alterations”) which consist of (a) painting, decoration or wall covering, and/or (b) All such alterations interior Alterations which (x) cost less than $25,000.00 to perform, (y) do not involve any structural elements and/or any of the building systems (e.g., HVAC, electrical or improvements plumbing) and (z) do not properly require the issuance of a building permit in order to perform same. Tenant shall, however, be obligated to provide Landlord with at least ten (10) days advance written notice of the performance of any Minor Alterations. Notwithstanding the foregoing provisions of this Paragraph or Landlord’s consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: all Alterations shall be made and performed at Tenant’s sole cost and expense and at such time and in such manner as Landlord may, from time to time, designate; Alterations shall be made only by contractors, subcontractors or mechanics approved by Landlord; all Alterations shall be made and performed in compliance with all applicable Requirements and Insurance Requirements (including, without limitation, in strict compliance with applicable building codes); no Alteration shall affect any part of Landlord’s Building other than the Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Landlord’s Building or reduce the value or utility of Landlord’s Building; no Alteration shall affect the outside appearance of the Landlord’s Building; all machines, mechanical equipment and other installations shall be placed and maintained by Tenant in settings sufficient, in Landlord’s judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of Landlord’s Building; Tenant shall submit to Landlord detailed plans and specifications (including layout, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications; prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord (x) duplicate original policies of workmen’s compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of commercial liability insurance (including property damage coverage) in which Landlord and its designees shall be named additional insureds, which policies shall be issued by companies, and shall be in form and amounts, reasonably satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alterations, and (y) copies of all permits, approvals and certificates required by all governmental authorities; upon completion of such Alterations, Tenant shall furnish to Landlord unconditional waivers of mechanics liens, duly executed by all contractors, subcontractors, materialmen and suppliers furnishing any materials or equipment or performing any labor or services in connection with such Alterations; notwithstanding Landlord’s approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all applicable Requirements, all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Approval by Landlord of any plans, specifications or selection of materials by Tenant shall not constitute an assumption of any responsibility by Landlord for their accuracy or sufficiency and Tenant shall be solely responsible for such plans, specifications and selection of materials. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work or any work done by Tenant or Tenant’s contractors, subcontractors, agents or employees, including reasonable attorney’s fees for the defense thereof. Landlord shall not be liable for any maintenance, repairs or replacements to the Premises necessitated by, or any failure of any Building facilities or services caused by, Alterations by Tenant, and Tenant shall, either, at Landlord’s sole option, (i) at Tenant’s expense, promptly perform any such maintenance, repairs or by a contractor approved by Landlord. Landlord’s approval of replacements, or correct any such failure, as the planscase may be, specifications and working drawings for Tenant’s Work shall create no responsibility or liability on the part of (ii) reimburse Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations the cost of governmental agencies or authorities. Any work by Landlord shall be performed at a fee competitive with local contractorssame.
(cB) Any Alterations to the Premises performed by, on behalf and/or at the expense of Tenant shall have procured all permitsare sometimes herein referred to as “Tenant’s Improvements”. All Alterations upon the Premises and any replacements therefor, licenses whether temporary or permanent in character, made by either party, except furniture or movable trade fixtures and other authorizations required for non-permanent installations installed at the lawful expense of Tenant and proper undertaking thereof;
which can be removed without any material damage to the Premises (d) all alterations when completed which damage shall be repaired by Tenant), unless Landlord elects otherwise (by giving written notice to Tenant at the time Landlord approves same), shall become the property of such a nature as not to (i) reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises;
(e) all alterations made by Tenant Landlord and shall remain on upon, and be surrendered with the Premises on expiration or earlier as a part thereof at the termination of this Lease, except that without compensation to Tenant. In the event the Tenant makes any Alterations to the Premises, whether temporary or permanent in character which Landlord can electdetermines are not consistent with a standard office space build-out, Landlord shall have the option to require Tenant, at the Tenant’s expense, by providing Tenant with such notice at the time Landlord grants its approval of such alterations to the Premises, to restore said Premises to their condition at the commencement of the term hereof, as if no such Alterations had been made, ordinary wear and tear excepted. Any Alterations to the Premises performed by, on behalf and/or at the expense of Tenant are sometimes herein referred to as “Tenant’s Improvements”.
(C) Nothing contained in this Lease shall be deemed, construed or interpreted to imply any consent or agreement on the part of Landlord to subject Landlord’s interest or estate to any liability under any mechanic’s or other lien law. If any mechanic’s or other lien or any notice of intention to file a lien is filed against Landlord’s Building, or any part thereof, for any work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Premises through or under Tenant, Tenant shall cause the same to be canceled and discharged of record by payment, bond or order of a court of competent jurisdiction within thirty (30) days before expiration after the filing of same; and Tenant shall indemnify and save harmless Landlord against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable counsel fees resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or earlier termination bonding any such lien, charge, order or encumbrance, and Tenant agrees to reimburse Landlord for all costs, expenses, and other sums of money paid or incurred by Landlord in connection therewith (as additional rental), together with interest at the Applicable Rate (hereinafter defined), promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of Landlord’s Building, at any time from the date hereof until the end of the LeaseTerm, are hereby charged with notice that they must look exclusively to require Tenant to remove obtain payment for same.
(D) Tenant shall not place a load upon any floor of the Premises which exceeds the safe live load capacity thereof or the maximum live load allowed by law, whichever is less. The safe live load capacity and the maximum live load allowed by law, is fifty (50) pounds per square foot. In the event Tenant desires to make any Alterations within the Premises, which will or might significantly affect the live load on all or any part of the floors thereof, then in addition to the other requirements hereof, Tenant shall furnish Landlord with not less than ten (10) days prior written notice of such proposed Alteration. Such notice shall include a certification by duly licensed and qualified structural engineer (acceptable to Landlord in its reasonable discretion) that such proposed Alteration will not violate the provisions hereof or have any detrimental impact upon the Landlord’s Building, and that the proposed Alteration is permitted by applicable building code. Such certification shall be at Tenant’s expense and shall include any and all alterations costs relating to peer reviews as may be required by the appropriate laws of the State of Connecticut.
(E) All machines and mechanical equipment which cause noise or vibration that may be transmitted to the structure of Landlord’s Building or to the Premises to such a degree as to be objectionable to other tenants shall, at Tenant’s expense, be placed and maintained by Tenant had made in settings of cork, rubber or spring type vibration eliminators sufficient to eliminate noise or vibration.
(F) Tenant and its telecommunications companies, including, but not limited to, local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Landlord’s Building for the installation and operation of telecommunications systems, including but not limited to voice, video, data, and any other telecommunications services provided over wire, fiber optic, microwave, wireless, and any other transmission systems, for part or all of Tenant’s telecommunications within the Landlord’s Building and from the Building to any other location, without Landlord’s prior written consent (which consent shall not be unreasonably withheld). Landlord makes no representation as to the availability or adequacy of the conduits, pathways or facilities of Landlord’s Building for Tenant’s intended installations. Landlord’s Building is currently served by Comcast and AT&T. Landlord represents that the conduits, pathways and facilities of the Building are available to provide telecommunication services to the Premises;.
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