Alterations or Additions. 12.1 TENANT shall make no alterations, additions, installations, changes or improvements (collectively "ALTERATIONS") to, in, on or about the Leased Premises without in each instance LANDLORD's prior written consent having first been obtained, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, LANDLORD's consent shall not be required for any Alteration that is not visible from the exterior of the Leased Premises or Building, will not affect the systems or structure of the Building; and does not exceed in each case a cost of $25,000. Without limiting the foregoing, it is agreed that TENANT shall have the right to install voice and data cabling and its own lighting products in the Leased Premises without the consent of LANDLORD. No such consent granted by LANDLORD in a particular instance shall relieve TENANT of the obligation to obtain such consent in any other instance. LANDLORD may impose, as a condition to its consent, such requirements as LANDLORD in its reasonable discretion may deem desirable, including, but not limited to, the requirement that TENANT utilize only contractors, materials, mechanics and materialmen approved by LANDLORD which consent shall not be unreasonably withheld or delayed. Under no circumstances shall any Alteration be made which might weaken or impair the structure of or reduce the value of the Leased Premises or the Building. 12.2 Except as specifically included in LANDLORD's Work, all Alterations, in, on or about the Leased Premises shall be made, purchased and constructed at TENANT's sole cost and expense, and shall be of a quality in materials and workmanship at least equal to the present construction. 12.3 All Alterations constructed, placed or made to, in, on or about the Leased Premises shall be and become part of the realty and the sole and absolute property of LANDLORD and shall remain upon and be surrendered with the Leased Premises at the expiration or earlier termination of this Lease unless LANDLORD by notice delivered to TENANT as set forth in the following sentence elects to relinquish LANDLORD's rights thereto, in which case TENANT shall remove such Alterations or additions prior to the end of the term and restore the Premises to the condition existing prior to such alteration or addition. LANDLORD agrees that it shall advise TENANT at such time TENANT requests LANDLORD's consent to any such Alteration whether or not TENANT shall be required to remove same at the end of the term of this Lease and if removal shall be so required, LANDLORD shall also advise TENANT of the nature of the restoration which will be required as a result of such removal, provided that in any such request by TENANT for LANDLORD's consent to the applicable Alteration, TENANT shall specifically request LANDLORD to advise TENANT whether or not such Alteration must be removed prior to the expiration of the term of this Lease and the extent of any restoration. TENANT shall have the right to remove its furniture, trade fixtures, equipment and other personal property from the Leased Premises, but TENANT shall repair, at its sole cost and expense, any damage to the Leased Premises or the Building caused by such removal. Notwithstanding anything to the contrary provided herein, TENANT shall not be required to remove any of TENANT's Work. 12.4 TENANT warrants and agrees that from and after the Commencement Date, all Alterations to, in, on or about the Leased Premises shall comply with and conform to all requirements, rules, regulations, laws, statutes, ordinances, orders and directives of all legally constituted authorities relating thereto. TENANT shall obtain all necessary permits and approvals at its sole cost and expense and all applications therefor shall be submitted to LANDLORD for approval or modification prior to filing. TENANT shall give LANDLORD prior written notice of any inspection of the Leased Premises or related common areas by any governmental authority. 12.5 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 Building for the installation and operation of telecommunications systems, including but not limited to voice, optic, microwave, wireless and any other transmission systems, for part or all of TENANT's telecommunications within the Building and from the Building to any other location without LANDLORD's prior written consent. After completion of TENANT's Work, if TENANT wishes to have any additional cables, wires or other components of a telecommunications system installed in the Building, TENANT shall request LANDLORD's consent, which may be conditioned on, among other things, execution of a license agreement. 12.6 Whenever TENANT requests LANDLORD to take any action or give any consent required or permitted under this Lease, TENANT will reimburse LANDLORD for LANDLORD's reasonable out-of-pocket costs incurred in reviewing the proposed action or consent, including without limitation reasonable attorneys', engineers' or architects' fees, within ten (10) days after LANDLORD's delivery to TENANT of a statement of such costs. TENANT will be obligated to make such reimbursement without regard to whether LANDLORD consents to any such proposed action. 12.7 Upon completion of any Alterations to, in, on or about the Leased Premises other than those specifically included in LANDLORD's Work or TENANT's Work, TENANT shall make a one-time payment to LANDLORD in an amount equal to four percent (4%) of any costs in excess of $25,000.00.
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Sources: Sublease Agreement (Color Kinetics Inc), Sublease Agreement (Smartbargains, Inc.), Lease Agreement (Color Kinetics Inc)
Alterations or Additions. 12.1 TENANT The Tenant shall have the right, from time to time, to make structural and nonstructural alterations and improvements to, and decoration to the interior of the Premises as shall be reasonably necessary or appropriate in the Tenant’s judgment for the Tenant’s conduct thereon of its business. Except as otherwise provided herein, no structural addition or alteration to or upon the Premises shall be made without the consent in writing of the Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Tenant agrees that it will procure all necessary permits before making any repairs, alterations, installation, additions, improvements or removals at the Premises. Landlord agrees it will cooperate with Tenant in obtaining such permits. All work by Tenant described in this Section shall be done in conformity with all laws, ordinances and regulations of all public authorities and all insurance inspection or rating bureaus having jurisdiction, that the structure of the Premises will not be endangered or impaired and that Tenant will repair and all damage caused by or resulting from any such repairs, installations, alterations, additions, installationsimprovements or removals. Except as otherwise provided herein, changes including the exclusion of “portable fixtures” as described in Section 13, or improvements (collectively "ALTERATIONS") toby written agreement by the parties and any future additions or alterations, in, on all additions or about alterations upon the Leased Premises without in each instance LANDLORD's prior written consent having first been obtained, which consent made by either party shall not be unreasonably withheld or delayed. Notwithstanding become the foregoing, LANDLORD's consent shall not be required for any Alteration that is not visible from the exterior property of the Leased Premises or Building, will not affect Landlord at the systems or structure termination of the Building; and does not exceed in each case a cost of $25,000this Lease. Without limiting the foregoing, it is agreed that TENANT shall have the right to install voice and data cabling and its own lighting products in the Leased Premises without the consent of LANDLORD. No All such consent granted by LANDLORD in a particular instance shall relieve TENANT of the obligation to obtain such consent in any other instance. LANDLORD may impose, as a condition to its consent, such requirements as LANDLORD in its reasonable discretion may deem desirable, including, but not limited to, the requirement that TENANT utilize only contractors, materials, mechanics and materialmen approved by LANDLORD which consent shall not be unreasonably withheld or delayed. Under no circumstances shall any Alteration be made which might weaken or impair the structure of or reduce the value of the Leased Premises or the Building.
12.2 Except as specifically included in LANDLORD's Work, all Alterations, in, on or about the Leased Premises allowed alterations shall be made, purchased and constructed at TENANTTenant's sole cost and expense, expense and shall be of a in quality in materials and workmanship at least equal to the present construction.
12.3 All Alterations constructed. Tenant shall not permit any mechanics liens, placed or made tosimilar liens, in, on to remain upon the Premises for labor and materal furnished to Tenant or about claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed at the Leased Premises shall be and become part direction of the realty and the sole and absolute property of LANDLORD Tenant, and shall remain upon and cause any such lien to be surrendered with the Leased Premises at the expiration or earlier termination released of this Lease unless LANDLORD by notice delivered to TENANT as set forth in the following sentence elects to relinquish LANDLORD's rights thereto, in which case TENANT shall remove such Alterations or additions prior record forthwith without cost to the end of the term and restore the Premises to the condition existing prior to such alteration or addition. LANDLORD agrees that it shall advise TENANT at such time TENANT requests LANDLORD's consent to any such Alteration whether or not TENANT shall be required to remove same at the end of the term of this Lease and if removal shall be so required, LANDLORD shall also advise TENANT of the nature of the restoration which will be required as a result of such removal, provided that in any such request by TENANT for LANDLORD's consent to the applicable Alteration, TENANT shall specifically request LANDLORD to advise TENANT whether or not such Alteration must be removed prior to the expiration of the term of this Lease and the extent of any restoration. TENANT shall have the right to remove its furniture, trade fixtures, equipment and other personal property from the Leased Premises, but TENANT shall repair, at its sole cost and expense, any damage to the Leased Premises or the Building caused by such removalLandlord. Notwithstanding anything to the contrary provided hereincontrary, TENANT all “portable fixtures” shall remain the property of the Tenant at the termination of this Lease. For the purpose of this paragraph, the term “portable fixtures” shall be defined as non-permanent or affixed articles of personal property being incidental, necessary or specialized to Tenant's Permitted Use of the Premsies. Such portable fixtures shall be removed at the termination of this Lease at the cost of the Tenant and the Premises shall be restored to the condition prior to installation of the portable fixtures, reasonable wear and tear excepted. Tenant may, but shall not be required required, at the termination of this Lease to remove any of TENANT's Work.
12.4 TENANT warrants and agrees that permanent fixtures from and after the Commencement DatePremises. Such permanent fixtures shall include, all Alterations but not be limited to, inutilities installed or upgraded by Tenant located within the Premises’ infrastructure. In the event permanent fixtures are removed from the building, on or about the Leased Premises shall comply with and conform be restored to all requirements, rules, regulations, laws, statutes, ordinances, orders and directives of all legally constituted authorities relating thereto. TENANT shall obtain all necessary permits and approvals the same condition as at its sole cost and expense and all applications therefor shall be submitted to LANDLORD for approval or modification prior to filing. TENANT shall give LANDLORD prior written notice of any inspection the time of the Leased Premises or related common areas by any governmental authority.
12.5 TENANT and its telecommunications companies, including but not limited to local exchange telecommunications companies and alternative access vendor services companies shall have no right signing of access to and within the Building for the installation and operation of telecommunications systems, including but not limited to voice, optic, microwave, wireless and any other transmission systems, for part or all of TENANT's telecommunications within the Building and from the Building to any other location without LANDLORD's prior written consent. After completion of TENANT's Work, if TENANT wishes to have any additional cables, wires or other components of a telecommunications system installed in the Building, TENANT shall request LANDLORD's consent, which may be conditioned on, among other things, execution of a license agreement.
12.6 Whenever TENANT requests LANDLORD to take any action or give any consent required or permitted under this Lease. Upon the termination of the Lease, TENANT will reimburse LANDLORD for LANDLORD's reasonable out-of-pocket costs incurred the Tenant shall leave the Premises in reviewing the proposed action or consent, including without limitation reasonable attorneys', engineers' or architects' fees, within ten (10) days after LANDLORD's delivery to TENANT of a statement of such costs. TENANT will be obligated to make such reimbursement without regard to whether LANDLORD consents to any such proposed actionbroom clean condition.
12.7 Upon completion of any Alterations to, in, on or about the Leased Premises other than those specifically included in LANDLORD's Work or TENANT's Work, TENANT shall make a one-time payment to LANDLORD in an amount equal to four percent (4%) of any costs in excess of $25,000.00.
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Alterations or Additions. 12.1 TENANT Tenant shall not make no structural alterations and additions to the Premises except in accordance with plans and specifications therefore first approved in writing by Landlord, such approval not to be unreasonably withheld. All alterations and additions shall be part of the Premises unless otherwise provided in this Lease Agreement. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Premises or interfere with the operation of the Building. All work related to such alterations, additions, installationsimprovements, or changes or improvements (collectively "ALTERATIONS") to, in, on or about the Leased Premises without in each instance LANDLORD's prior written consent having first been obtained, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, LANDLORD's consent shall not be required for any Alteration that is not visible from the exterior of the Leased Premises or Building, will not affect the systems or structure of the Building; and does not exceed in each case a cost of $25,000. Without limiting the foregoing, it is agreed that TENANT shall have the right to install voice and data cabling and its own lighting products in the Leased Premises without the consent of LANDLORD. No such consent granted by LANDLORD done in a particular instance shall relieve TENANT of the obligation to obtain such consent in any other instance. LANDLORD may imposegood, as a condition to its consent, such requirements as LANDLORD in its reasonable discretion may deem desirable, including, but not limited to, the requirement that TENANT utilize only contractors, materials, mechanics and materialmen approved by LANDLORD which consent shall not be unreasonably withheld or delayed. Under no circumstances shall any Alteration be made which might weaken or impair the structure of or reduce the value of the Leased Premises or the Building.
12.2 Except as specifically included in LANDLORD's Work, all Alterations, in, on or about the Leased Premises shall be made, purchased and constructed at TENANT's sole cost and expense, workmanlike manner and shall be of a quality in materials and workmanship at least equal to the present construction.
12.3 All Alterations constructed, placed or made to, in, on or about the Leased Premises completed. Tenant shall be and become part responsible to Landlord for any costs incurred by Landlord for completing any work commenced by Tenant or for improving such work to a good, workmanlike condition. Tenant shall discharge or bond off any mechanic's lien filed against the Premises for work or materials claimed to have been furnished to or at the order of the realty and the sole and absolute property of LANDLORD and shall remain upon and be surrendered with the Leased Premises at the expiration or earlier termination of this Lease unless LANDLORD by notice delivered to TENANT as set forth in the following sentence elects to relinquish LANDLORD's rights thereto, in which case TENANT shall remove such Alterations or additions prior to the end of the term and restore the Premises to the condition existing prior to such alteration or addition. LANDLORD agrees that it shall advise TENANT at such time TENANT requests LANDLORD's consent to any such Alteration whether or not TENANT shall be required to remove same at the end of the term of this Lease and if removal shall be so required, LANDLORD shall also advise TENANT of the nature of the restoration which will be required as a result of such removal, provided that in any such request by TENANT for LANDLORD's consent to the applicable Alteration, TENANT shall specifically request LANDLORD to advise TENANT whether or not such Alteration must be removed prior to the expiration of the term of this Lease and the extent of any restoration. TENANT shall have the right to remove its furniture, trade fixtures, equipment and other personal property from the Leased Premises, but TENANT shall repair, at its sole cost and expense, any damage to the Leased Premises or the Building caused by such removal. Notwithstanding anything to the contrary provided herein, TENANT shall not be required to remove any of TENANT's Work.
12.4 TENANT warrants and agrees that from and after the Commencement Date, all Alterations to, in, on or about the Leased Premises shall comply with and conform to all requirements, rules, regulations, laws, statutes, ordinances, orders and directives of all legally constituted authorities relating thereto. TENANT shall obtain all necessary permits and approvals at its sole cost and expense and all applications therefor shall be submitted to LANDLORD for approval or modification prior to filing. TENANT shall give LANDLORD prior written notice of any inspection of the Leased Premises or related common areas by any governmental authority.
12.5 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 Building for the installation and operation of telecommunications systems, including but not limited to voice, optic, microwave, wireless and any other transmission systems, for part or all of TENANT's telecommunications within the Building and from the Building to any other location without LANDLORD's prior written consent. After completion of TENANT's Work, if TENANT wishes to have any additional cables, wires or other components of a telecommunications system installed in the Building, TENANT shall request LANDLORD's consent, which may be conditioned on, among other things, execution of a license agreement.
12.6 Whenever TENANT requests LANDLORD to take any action or give any consent required or permitted under this Lease, TENANT will reimburse LANDLORD for LANDLORD's reasonable out-of-pocket costs incurred in reviewing the proposed action or consent, including without limitation reasonable attorneys', engineers' or architects' fees, Tenant within ten (10) days after LANDLORD's delivery to TENANT of a statement the filing of such costsa lien. TENANT Except for work performed by Landlord or Landlord's general contractor, Tenant, at its expense shall obtain and maintain, or cause any contractor retained by Tenant to obtain and maintain at its expense, for so long as any improvement or alterations are being constructed in the Premises and for so long thereafter as may reasonably be requested by Landlord:
(a) Comprehensive General Liability Insurance, written on an occurrence basis, with coverage for the Premises and Operations, Products and Completed Operations, Contractual Liability, Personal Injury Liability, Broad Form Property Damage, Independent Contractors, Explosion and Collapse Hazard and Underground Property Damage with limits of not less than one million dollars ($1,000,000) for bodily injury and property damage arising from any one occurrence.
(b) Workers' Compensation and Employers' Liability and Disability Benefits Law insurance with limits as required by statute necessary to protect the employees or others utilized by Tenant or any contractor of Tenant from and against any and all liability for death, disease or injury by reason of the performance of this work. Tenant shall furnish to Landlord certificates evidencing such insurance coverage prior to the commencement of any alterations or construction work. All insurance shall be endorsed to provide that thirty (30) days notice of cancellation or amendment will be obligated given to make Landlord. Such insurance shall name as Additional Insured Landlord and such reimbursement without regard to whether LANDLORD consents to any such proposed actionother person(s) designated by Landlord as having an insurable interest.
12.7 Upon completion of any Alterations to, in, on or about the Leased Premises other than those specifically included in LANDLORD's Work or TENANT's Work, TENANT shall make a one-time payment to LANDLORD in an amount equal to four percent (4%) of any costs in excess of $25,000.00.
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