Common use of Alterations Clause in Contracts

Alterations. Tenant shall not make any alterations, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 3 contracts

Sources: Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.)

Alterations. Tenant Lessee shall not make any alterationsno decorations, additions, improvements or improvements to other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Landlord. TenantLessor, and then only at its own sole cost and expense, may erect expense and by contractors or mechanics and in such shelves, bins, machinery manner and trade fixtures with such materials as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsapproved by Lessor. All alterationsdecorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and partitions erected by Tenant shall be and remain equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Tenant during Lessor upon the Term installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. All shelvesIf requested by Lessee in writing, binsLessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, machinery and trade fixtures installed additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Tenant Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed on at Lessee’s expense upon the expiration or before the earlier to occur sooner termination of the date of termination term of this Lease or vacating the Premisesand Lessee, at which time Tenant its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcBuilding standard.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 3 contracts

Sources: Lease (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.)

Alterations. (a) Tenant shall not make any alterationsnot, additions, or improvements to the Premises without the prior written consent of Landlord, make any alterations, improvements or additions to the Premises. TenantIf Landlord consents to any alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord’s approval of the contractors to perform the work, contractor’s lien waivers, insurance against liabilities which may arise out of such work, plans, specifications and permits necessary for such work and as built drawings upon completion of such work. All work done by Tenant or its contractors pursuant to and in accordance with this Paragraph 8, or otherwise shall be done in a first class workmanlike manner, using only good grades of materials and without disturbing other tenants, shall be done in compliance with all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental departments or agencies and shall be done by responsible contractors and subcontractors approved by Landlord in advance whose engagement will not in Landlord’s opinion, and in fact does not, result in any labor dispute at its own cost and expensethe Building, may erect such shelveswhether in connection with any construction at the Building, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload the operation of the Building or damage the same; otherwise. (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, additions or improvements and partitions erected made by Tenant and all fixtures attached to the Premises shall be and remain become the property of Tenant during Landlord and remain at the Term Premises or, at Landlord’s option, any or all of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant the foregoing shall be removed on or at the cost of Tenant before the earlier to occur of the date of expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation and/or removal thereof. Tenant shall not permit or vacating suffer any signs, advertisements or notices to be displayed, inscribed upon or affixed on any part of the outside or inside of the Premises, at which time or in the Building, except on the directory board to be provided by Landlord and on the entrance doors of the Premises, provided, however, that Tenant shall restore not display, inscribe or affix any sign on such directory board or on the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part entrance doors of the Premises upon installation and will remain without, in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementseach instance, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have obtaining the prior written approval from Landlord as to the size, color and style of Landlord, such sign and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as the proposed method of attachment. Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by have the finish work involved in the particular project (i.e., electrical wiring or plumbing right to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing remove unauthorized signs at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderexpense.

Appears in 3 contracts

Sources: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)

Alterations. Tenant 10.1. The Sublessee shall have the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not make any alterationsbe unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, additionsif consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or improvements deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the Premises without the prior written consent of Landlord. Tenant, at its own cost following covenants. (1) All work and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may alterations shall be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies done in compliance with all applicable governmental lawsregulations, ordinancescodes, regulations standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with Landlord's specifications the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and requirements. construction related work. (2) All alterations, additions, improvements and partitions erected by Tenant alterations shall be of such a character as not to materially reduce the value and remain the property usefulness of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur any of the date of termination of this Lease Building or vacating the Premises, at which time Tenant shall other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part upon termination of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lienLease). All improvements shall have the prior written approval of Landlord, and shall be work performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration hereunder shall be performed in a good and workmanlike manner so manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport. (3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance: (i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10. (ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and (iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire. (4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed. 10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to damage be unreasonably withheld or alter delayed. Sublessee shall submit drawings of proposed signs and information on the primary number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure or structural qualities and architectural and aesthetic setting of the building comprising a part Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly. 10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Premises and other improvements situated on the PremisesMaster Lease. 10.4. No alterations contemplated by Tenant In addition to the building comprising a part requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Premises or Premises will in Master Lease. In undertaking any way be a condition alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the occurrence same extent required of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderSublessor and PDA.

Appears in 3 contracts

Sources: Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)

Alterations. Tenant Except as otherwise agreed by the Parties in writing, Operator shall not make paint, decorate, install canopies or awnings, or in any alterationsway change the Building exterior (or the appearance thereof). No remodeling, additions, alterations, or improvements to structural change shall be made in the Premises Building by Operator without the prior written consent of LandlordIPS, which shall not be unreasonably withheld. TenantOperator shall have the right to install all furniture, furnishings, equipment and signage it reasonably deems necessary or desirable for its operation of the School, all at its own no cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to IPS. No additions to the Premises; and (c) existing Building or the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected construction of new buildings by Tenant Operator shall be permitted. Operator may attach non-permanent materials and remain fixtures to the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur walls of the date Facilities including, without limitation, the cafeteria, library, common areas, grounds, parking lot and driveways of the Building. Upon the expiration or earlier termination of this Lease or vacating Agreement, Operator may remove any non-permanent materials and movable fixtures that it installed that are not attached to real property. Any improvements, furnishings, and equipment installed on the PremisesBuilding shall be maintained by Operator, at which time Tenant shall restore the Premises to their original conditionOperator’s expense, in good condition and repair. Unless otherwise agreed in advanceAll permitted alterations, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementschanges, receipt of final lien waivers and bills paid affidavits from all contractorspartitions, and expiration installations of all applicable lien periods without improvements (the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and “Alterations”) shall be performed by a reputable construction company contractor duly licensed by the state or local authority responsible for licensing building contractors and approved in writing by LandlordIPS, such approval not to be unreasonably withheld. Operator hereby agrees to indemnify and save harmless IPS from any and all costs or expenses, including attorneys’ fees, that IPS may incur by reason of any claim for labor performed or material furnished or violation of any federal, state, or local statute, regulation, code, ordinance, or other law that may arise by reason of the installation of any Alteration or fixtures, equipment, or partitions by Operator as herein provided. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Building shall: (a) adversely affect the structural integrity of the Building; (b) impair or affect the weather-tight condition of the roof or decrease the roof’s useful life; (c) overload electrical circuits or equipment; (d) overload or unreasonably burden plumbing, water, or sanitary sewage disposal facilities; (e) overload, unreasonably burden, or otherwise adversely affect heating, air conditioning, and who other mechanical facilities or equipment; or (f) otherwise affect the Building in any materially adverse way. Any and all personal property and unattached equipment installed by Operator may be removed at the termination of this Agreement, provided that Operator shall carry repair any and all damage caused by the removal of any such insurance personal property or unattached equipment. Any personal property and meet unattached equipment remaining in the Building upon termination of this Agreement shall, if not removed within 10 days after written demand from IPS to Operator to remove the same, at IPS’ option in its sole discretion, become the property of IPS, and IPS may retain or dispose of such other requirements personal property and unattached equipment in its sole discretion and without liability to account to Operator; provided, Operator shall reimburse IPS for the costs of storing or disposal of such personal property or unattached equipment. Operator shall submit to IPS detailed plans and specifications in connection with any Alterations and evidence that said plans and specifications are in compliance with Applicable Law. If such Alterations are not in compliance with Applicable Law, Operator shall, at Operator’s cost, make such modification or alteration to the completed Alterations as Landlord shall specify. All invoices for improvements shall be available for inspection required to bring the same in compliance with Applicable Law. IPS’ consent to the plans and specifications, or any work proposed or completed by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e.Operator, electrical wiring or plumbing to be covered by finished walls, etc.), that will shall not be readily subject to inspection upon completion deemed a representation or affirmation regarding compliance with any such Applicable Law. In any event, Operator shall not remove any improvements and shall surrender the Facilities at the end of the finish workTerm in good condition and repair, then before the finish work is added Tenant must (i) have all inspections required ordinary wear and tear and damage by the City, County casualty or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundercondemnation excepted.

Appears in 3 contracts

Sources: Innovation Network Charter School Agreement, Innovation Network Charter School Agreement, Innovation Network Charter School Agreement

Alterations. 8.1 Tenant shall not make any alterations, additions, modifications or improvements in or to the Premises or any part thereof (including, without limitation, any initial improvements that may be constructed by Tenant in the Premises prior to first commencing business operations in the Premises), or attach any fixtures or equipment thereto (collectively, “Alterations”), without Landlord’s prior written consent, such consent not to be unreasonably withheld. The distribution of electrical outlets throughout the open space in the Premises (“Tenant’s Initial Alterations”) as shown on Exhibit B attached hereto are hereby approved. Notwithstanding the preceding sentence, Tenant may make such Alterations without Landlord’s consent only if the total cost is Twenty-Five Thousand Dollars ($25,000.00) or less and it will not affect in any way the structural, exterior, entry or roof elements of the Project or the Premises, or the mechanical, electrical, plumbing, utility or life safety systems of the Project, but Tenant shall give prior written notice of any such Alterations to Landlord. All Alterations in or to the Premises to which Landlord consents shall be made by Tenant at Tenant, at its own ’s sole cost and expense, may erect such shelves, bins, machinery and trade fixtures expense as it desires provided that follows: (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall submit to Landlord, for Landlord’s prior written approval, complete plans and specifications for all work to be done by ▇▇▇▇▇▇. Such plans and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant specifications shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation prepared by responsible licensed architect(s) and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company engineer(s) approved in writing by Landlord, shall comply with all applicable codes, laws, ordinances, rules and who regulations, shall carry such insurance not adversely affect the basic Building shell or any systems, components or elements of the Building, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the approval thereof, and meet such other requirements as shall be otherwise satisfactory to Landlord in Landlord’s reasonable discretion. Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If respond to ▇▇▇▇▇▇’s plans and specifications (and to any improvement work by Tenant resubmittal of plans) within ten (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (310) business days before commencement of Landlord’s receipt thereof; provided that ▇▇▇▇▇▇▇▇’s non-response shall be deemed disapproval of the finish work to allow Landlordplans and specifications. Landlord may also require, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to its consent to any Alterations, that any architect retained by Tenant in connection with such Alterations be certified as a Certified Access Specialist (CASp), and that following the occurrence completion of such Alterations, such architect shall certify the Commencement Date or commencement of Tenant’s rental payment obligations hereunderPremises as meeting all applicable construction-related accessibility standards pursuant to California Civil Code section 55.

Appears in 3 contracts

Sources: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)

Alterations. Tenant Except as otherwise agreed by the Parties in writing, Operator shall not make paint, decorate, install canopies or awnings, or in any alterationsway change the Building exterior (or the appearance thereof). No remodeling, additions, alterations, or improvements to structural change shall be made in the Premises Building by Operator without the prior written consent of LandlordIPS, which shall not be unreasonably withheld. TenantOperator shall have the right to install all furniture, furnishings, equipment and signage it reasonably deems necessary or desirable for its operation of the School, all at its own no cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to IPS. No additions to the Premises; and (c) existing Building or the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected construction of new buildings by Tenant Operator shall be permitted. Operator may attach non-permanent materials and remain fixtures to the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur walls of the date Facilities including, without limitation, the cafeteria, library, common areas, grounds, parking lot and driveways of the Building. Upon the expiration or earlier termination of this Lease or vacating Agreement, Operator may remove any non-permanent materials and movable fixtures that it installed that are not attached to real property. Any improvements, furnishings, and equipment installed on the PremisesBuilding shall be maintained by Operator, at which time Tenant shall restore the Premises to their original conditionOperator’s expense, in good condition and repair. Unless otherwise agreed in advanceAll permitted alterations, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementschanges, receipt of final lien waivers and bills paid affidavits from all contractorspartitions, and expiration installations of all applicable lien periods without improvements (the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and “Alterations”) shall be performed by a reputable construction company contractor duly licensed by the state or local authority responsible for licensing building contractors and approved in writing by LandlordIPS, such approval not to be unreasonably withheld. Operator hereby agrees to indemnify and save harmless IPS from any and all costs or expenses, including attorneys’ fees, that IPS may incur by reason of any claim for labor performed or material furnished or violation of any federal, state, or local statute, regulation, code, ordinance, or other law that may arise by reason of the installation of any Alteration or fixtures, equipment, or partitions by Operator as herein provided. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Building shall: (a) adversely affect the structural integrity of the Building; (b) impair or affect the weather- tight condition of the roof or decrease the roof’s useful life; (c) overload electrical circuits or equipment; (d) overload or unreasonably burden plumbing, water, or sanitary sewage disposal facilities; (e) overload, unreasonably burden, or otherwise adversely affect heating, air conditioning, and who other mechanical facilities or equipment; or (f) otherwise affect the Building in any materially adverse way. Any and all personal property and unattached equipment installed by Operator may be removed at the termination of this Agreement, provided that Operator shall carry repair any and all damage caused by the removal of any such insurance personal property or unattached equipment. Any personal property and meet unattached equipment remaining in the Building upon termination of this Agreement shall, if not removed within 10 days after written demand from IPS to Operator to remove the same, at IPS’ option in its sole discretion, become the property of IPS, and IPS may retain or dispose of such other requirements personal property and unattached equipment in its sole discretion and without liability to account to Operator; provided, Operator shall reimburse IPS for the costs of storing or disposal of such personal property or unattached equipment. Operator shall submit to IPS detailed plans and specifications in connection with any Alterations and evidence that said plans and specifications are in compliance with Applicable Law. If such Alterations are not in compliance with Applicable Law, Operator shall, at Operator’s cost, make such modification or alteration to the completed Alterations as Landlord shall specify. All invoices for improvements shall be available for inspection required to bring the same in compliance with Applicable Law. IPS’ consent to the plans and specifications, or any work proposed or completed by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e.Operator, electrical wiring or plumbing to be covered by finished walls, etc.), that will shall not be readily subject to inspection upon completion deemed a representation or affirmation regarding compliance with any such Applicable Law. In any event, Operator shall not remove any improvements and shall surrender the Facilities at the end of the finish workTerm in good condition and repair, then before the finish work is added Tenant must (i) have all inspections required ordinary wear and tear and damage by the City, County casualty or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundercondemnation excepted.

Appears in 2 contracts

Sources: Innovation Network School Agreement, Innovation Network School Agreement

Alterations. Except as set forth on Exhibit "A” attached hereto, Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises without first obtaining Landlord's written approval. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Leased Premises without the prior written consent of Landlord. by Tenant, the same shall be made by Tenant at its own Tenant's sole cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All such work with respect to any alterations, additions, improvements and partitions erected by Tenant changes shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to damage or alter the primary structure or structural qualities obstruct access to any portion of the building comprising Building. Any alterations, additions, or improvements to or of the Leased Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the realty and shall be surrendered with the Premises and other improvements situated on unless Landlord otherwise elects at the Premises. No alterations contemplated by Tenant to the building comprising a part end of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderterm hereof.

Appears in 2 contracts

Sources: Lease Agreement (Pacific Webworks Inc), Lease Agreement (Pacific Webworks Inc)

Alterations. Tenant TENANT shall not make any alterations, additions, additions or improvements to the Demised Premises (whether or not the same may be structural in nature) without the LANDLORD’S prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsconsent. All alterations, additions, or improvements made to the Demised Premises, except movable furniture and partitions erected by Tenant equipment installed at TENANT’S expense, shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery LANDLORD and trade fixtures installed by Tenant shall remain upon and be removed on or before surrendered with the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Demised Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt term of verification of good this Lease; provided, however, that LANDLORD may require TENANT to remove any additions made at TENANT’S request to the Demised Premises and workmanlike completion of all to repair any damage caused by such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractorsremoval, and provide further, that if TENANT has not removed its property and equipment within ten (10) days after the expiration or termination of all applicable lien periods without this Lease, LANDLORD may elect to retain the filing of any claim for mechanic’s or materialman’s liensame as abandoned property. All improvements In the event TENANT shall have the prior written approval of Landlordrequest LANDLORD’S permission, and LANDLORD shall be performed by a reputable construction company approved in writing by Landlordpermit TENANT to perform any alterations, and who additions, improvements or repairs to the Demised Premises, TENANT shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by submit its plans and specifications to LANDLORD for its approval prior to the City, County or other agency with jurisdiction performed without violation notedcommencement of any construction, (ii) obtain inspection all necessary permits prior to the commencement of such to-be-covered work by an independent third-party architect who shall document such inspectionany construction, and (iii) before performing only use contractors approved by LANDLORD, (iv) not permit any construction liens to be placed or remain on the finish Demised Premises. In the event a construction lien shall be filed against the Demised Premises as a result of work that will cover undertaken by TENANT, TENANT shall within ten (10) days of receiving notice of such other worklien, notify Landlord in writing at least three (3) business days before commencement discharge the lien of record either by payment of the finish work indebtedness to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workthe lien claimant or by filing a bond as security therefore. All alterations, installations, removals and restoration such work made by or on behalf of TENANT shall be performed in a such manner as LANDLORD may designate and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the same. All such work by TENANT or its contractors shall not interfere with, impede or delay any work by LANDLORD or its contractors, tenants or TENANT’S contractors. All contractors engaged by TENANT shall be bondable, licensed contractors, possessing good labor relations, and workmanlike manner so as not to damage or alter the primary structure or structural qualities capable of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderperforming quality workmanship.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Alterations. Tenant shall make no changes in or to be demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not make affect utility services or plumbing and electrical lines, in or to the interior of, the demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements to the Premises without the prior written consent of Landlord. Tenantimprovements, at its own cost and expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may erect require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such shelvesfrom the premises or upon removal of other installations as may be required by Owner, binsTenant shall immediately and at its expense, machinery repair and trade fixtures restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as it desires provided that (a) such items do not overload Owner's property or damage the same; (b) such items may be removed without injury to from the Premises; premises by Owner at Tenant's expense. Alterations and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected additions made by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed owned by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcdepreciation purposes.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 2 contracts

Sources: Lease Agreement (Blue Fish Clothing Inc), Lease Agreement (Blue Fish Clothing Inc)

Alterations. Tenant shall not make any alterations, additions, permit material alterations in or improvements to the Leased Premises without unless and until Landlord has approved the prior written consent plans therefor in writing. As a condition of Landlord. Tenantsuch approval, at its own cost with respect to any specialty alterations (such as private bathrooms, raised computer floors, mezzanines, built-in filing systems and expense, other non-standard office installations) Landlord may erect such shelves, bins, machinery require Tenant to remove the alterations and trade fixtures as it desires provided that (a) such items do not overload or damage restore the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term Leased Premises upon termination of this Lease. All shelves; otherwise, bins, machinery and trade fixtures installed by Tenant all such alterations shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will Landlord’s option become a part of the Premises upon installation realty and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval property of Landlord, and shall not be performed removed by a reputable construction company approved in writing by Landlord, and who Tenant. Tenant shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements ensure that all alterations shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved made in the particular project (i.e.accordance with all applicable laws, electrical wiring or plumbing to be covered by finished wallsregulations and building codes, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not and of quality equal to damage or alter better than the primary structure or structural qualities original construction of the building comprising a part of the Premises and other improvements situated on the PremisesBuilding. No alterations contemplated by person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the building comprising a part of the Premises or Premises will Leased Premises, and nothing in any way this Lease shall be a condition construed to constitute Landlord’s consent to the occurrence creation of any lien. If any lien is filed against the Commencement Date Leased Premises for work claimed to have been done for or commencement material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of Tenantrecord within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Tenant agrees that at Landlord’s rental payment obligations hereunderoption, Landlord or a subsidiary or affiliate of Landlord, who shall receive a fee as Landlord’s construction manager or general contractor, shall perform or cause to be performed all work on any structural or building-system alterations to the Leased Premises.

Appears in 2 contracts

Sources: Lease Agreement (GreenSky, Inc.), Lease Agreement (GreenSky, Inc.)

Alterations. Tenant shall not make any additions, alterations, additions, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at its own Tenant’s sole cost and expense, may erect to remove any such shelvesadditions, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, changes or improvements and partitions erected by Tenant shall be and remain at the property of Tenant during the Term expiration or sooner termination of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, repair any Tenant improvements damages to the Leased Premises will become part caused by such removal provided Landlord has informed Tenant of the Premises upon installation and will remain in place such requirement at the expiration time of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals approval. Tenant hereby agrees to indemnify and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlorddefend Landlord against, and shall be performed keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by a reputable construction company approved Tenant or at the direction of Tenant in writing by Landlordconnection with the Leased Premises, and who agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by attach to or affect Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved ’s interest in the particular project (i.e.Leased Premises, electrical wiring Property or plumbing to be covered by finished walls, etcPark as a result thereof.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 2 contracts

Sources: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)

Alterations. Tenant shall not make any alterationsnot, additions, or improvements to the Premises without the prior written consent which consent shall not be unreasonably withheld, of Landlord. TenantLandlord in each instance, at its own cost and expensemake any alterations, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload improvements or damage the same; (b) such items may be removed without injury additions to the Premises; . Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All for such alterations, improvements or additions. If Landlord consents to said alterations, improvements, or additions, improvements it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and partitions erected by Tenant shall be specifications for such work and remain the property of Tenant during the Term of this Leasepermits necessary for such work. All shelvesThe work necessary to make any alterations, binsimprovements, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements additions to the Premises will become part of shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the Premises upon installation extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may hire its own contractors to install mill work, telecommunications equipment and will remain food service equipment in place at the expiration of Premises. Tenant's shall promptly pay to Landlord or to Tenant's contractors, as a case may, be, when due, the Term upon receipt of verification of good and workmanlike completion cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 9 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the Premises in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved this Section 6 unless Landlord has advised Tenant in writing by prior to installation of such alteration, improvement or addition that Landlord, and who shall carry 's consent to such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (installation is conditioned upon Tenant's agreement to remove same upon expiration or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion termination of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderLease.

Appears in 2 contracts

Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Alterations. Tenant shall not make or permit to be made any alterations, additionsadditions or improvements in, upon or to the Leased Premises, or improvements to any part of the Premises Leased Premises, without the prior written consent of Landlord. TenantIn the event such consent is obtained, all such alterations, additions or improvements shall be performed at its own cost the expense of Tenant in a good, workmanlike manner, free from faults and expense, may erect such shelves, bins, machinery defects and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies in accordance with all applicable governmental lawslaws and building codes and plans and specifications approved by Landlord. Tenant shall not allow any construction liens to attach to the Leased Premises or the Property, ordinancesBuilding or Improvements in connection with any such alteration, regulations and the failure of Tenant to have any such lien released within ten (10) days after written notice from Landlord shall constitute a default under this Lease. In addition, Tenant shall indemnify, defend and hold Landlord harmless from any and all costs and expenses incurred by Landlord in connection with Landlord's specifications such construction liens, including, without limitation, attorneys fees and requirementscosts of litigation. All alterations, additions, additions or improvements (except trade fixtures) so made and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation realty, shall become the property of Landlord and will shall remain in place for the benefit of Landlord at the end of the term or other expiration of this Lease in as good condition as they were when installed, reasonable wear and tear excepted; provided, however, that any such alteration, addition or improvement remaining at the Term upon receipt end of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and the term or other expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements this Lease, shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing upon demand made by Landlord, be removed by Tenant, at Tenant’s expense, and who Tenant shall carry repair any damage caused by such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by removal, restoring the finish work involved in Leased Premises to their condition prior to the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection making of such to-be-covered work by an independent third-party architect who shall document such inspectionalteration, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage addition or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderimprovement.

Appears in 2 contracts

Sources: Lease Agreement (Corium International, Inc.), Lease Agreement (Corium International, Inc.)

Alterations. Tenant Any and all alterations, additions and/or improvements, except trade fixtures, installed at the expense of the Lessee shall not make any become the property of the Lessor and shall remain upon and shall be surrendered with the leased Premises as a part thereof on the termination of this lease. Such alterations, additions, or and improvements to the Premises without may only be made with the prior written consent and approval of Landlordthe Lessor, which shall not be unreasonably withhold said consent. TenantIf consent is granted by the Lessor for the making of improvements, alterations or additions to the leased Premises, such improvements, alterations or additions shall not commence until such time as the Lessee has furnished to the Lessor a copy of all plans and a certificate of insurance showing coverage in an amount satisfactory to the Lessor protecting the Lessor from liability for injury to any person and damage to any personal property, on or off the leased Premises, in connection with the making of such improvements, alterations or additions. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by the Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be done at the Lessee's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and reinstall the cooling tower, equipment or structure at the Lessee's expense and repair at the Lessee's expense any damage which may result from such removal or reinstallation. Upon termination of this lease, Lessee shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its own cost and expense, may erect any damages resulting from such shelvesremoval. At the termination of this lease, binsLessee shall deliver the leased Premises in good order and condition, machinery and natural deterioration only excepted. Any damage caused by the installation of trade fixtures as it desires provided that (a) such items do not overload or damage shall be repaired at the same; (b) such items may be removed without injury Lessee's expense prior to the Premises; and (c) expiration of the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementslease term. All alterations, additionsimprovements, improvements additions and partitions erected repairs made by Tenant the Lessee shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed made in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcmanner.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 2 contracts

Sources: Triple Net Lease Agreement, Triple Net Lease Agreement

Alterations. Tenant shall not make any no alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost Landlord and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies only in accordance with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable complete construction company documents approved in writing advance by Landlord, which consent and who approval shall not be unreasonably withheld or delayed. Notwithstanding the above, Tenant may make non-structural alterations not affecting the Building systems and costing less than $50,000.00 without the consent of Landlord. All such alterations, additions and improvements shall be done only by contractors approved in advance by Landlord. Tenant shall obtain all necessary permits before undertaking any such alterations, additions or improvements and shall carry such insurance and meet obtain such other requirements payment, performance and ▇▇▇▇ ▇▇▇▇▇ as Landlord shall specifyreasonably require. All invoices for Any alterations, additions and improvements to the Premises, except movable furniture and trade fixtures, shall be available for inspection by belong to Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals additions and restoration improvements to the Premises shall be performed in a good at Tenant's sole cost. If any mechanic's lien (which term shall include all similar liens relating to the furnishing of labor and workmanlike manner so as not materials) is filed against the Building which is claimed to damage be attributable to Tenant, its agents, employees or alter contractors, Tenant shall give immediate notice of such lien to Landlord and shall discharge the primary structure same by payment or structural qualities filing any necessary bond within 10 days after Tenant has notice (from any source) of such lien. Landlord's approval of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant construction documents shall signify Landlord's consent to the building comprising a part of the Premises work shown thereon only and Tenant shall be solely responsible for any errors or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderomissions contained therein.

Appears in 2 contracts

Sources: Office Lease (Storagenetworks Inc), Office Lease (Storagenetworks Inc)

Alterations. (a) Tenant shall not make any no alterations, additionsadditions or improvements in or to the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, and then only by contractors or mechanics reasonably approved by Landlord, which approval shall not be unreasonably delayed. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without the Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. Tenant, All such work shall be done at its own cost such times and expense, in such manner as Landlord may erect such shelves, bins, machinery from time to time designate. Tenant covenants and trade fixtures as it desires provided agrees that (a) such items do not overload or damage the same; (b) such items may all work done by Tenant shall be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies performed in full compliance with all applicable governmental laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Pacific Fire Rating Bureau, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if reasonably required by Landlord based upon the reputation and financial capability of the contractor and the nature of the work to be performed (including Landlord's specifications particular reasons therefor), secure at Tenant's own post and requirementsexpense, a completion and lien indemnity bond reasonably satisfactory to Landlord for said work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials' claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within twenty (20) days after the filing thereof, at the cost and expense of Tenant, except that Tenant shall not be obligated to so discharge such lien prior to ten (10) days following Tenant's receipt of notice of the existence thereof. As long as Tenant properly discharges the lien by bond or otherwise, as provided above, Tenant shall have the right to contest such lien in accordance with applicable law. All alterations, additionsadditions or improvements upon the Premises made by either party, improvements including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Term hereof, except that Landlord may, by written notice to Tenant at the time Landlord consents to such alteration, or within twenty (20) days after receipt of notice thereof, if no consent is required, require Tenant to remove at the end of the Term, all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. Notwithstanding any contrary provision of this Subparagraph 14(a), Landlord's prior consent shall not be required for any nonstructural alteration to the Premises, the cost of which does not exceed Thirty Thousand Dollars ($30,000.00), as long as such alteration does not affect the structural integrity of the Building, does not adversely affect the Building systems and is not visible from the exterior of the Premises; provided, however, all other provisions of this Subparagraph 14(a) shall be applicable to any such alteration, including, but not limited to Tenant's obligation to provide Landlord with prior written notice of any such alteration, along with the plans and specifications related thereto, if appropriate. (b) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions erected owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Lease Term when Tenant is not in default hereunder, or within fifteen (15) days following the end of this Leasesuch Lease Term. All shelves, bins, machinery and trade fixtures installed by If Tenant shall be removed on or before fail to remove all of its effects from the earlier to occur of the date of Premises within fifteen (15) days after termination of this Lease or vacating the Premisesfor any cause whatsoever, Landlord may, at which its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects, for any length of time that the same shall be in Landlord's possession. Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant shall restore to Landlord and upon the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements expense incident to the Premises will become part removal and sale of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcsaid effects.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 2 contracts

Sources: Sublease (Litronic Inc), Sublease (Litronic Inc)

Alterations. Tenant shall not, without the prior written consent, which consent shall not be unreasonably withheld, of Landlord in each instance, make any alterations, improvements, or additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements, or additions. If Landlord consents to said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or improvements additions to the Premises without shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent of Landlordto Tenant's hiring contractors. TenantNotwithstanding the foregoing, at Tenant may hire its own cost contractors to install mill work, telecommunications equipment and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to food service equipment in the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain promptly pay to Landlord or to Tenant's contractors, as the property of Tenant during case may be, when due, the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the Premises in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved this Section 6 unless Landlord has advised Tenant in writing by prior to installation of such alteration, improvement or addition that Landlord, and who shall carry 's consent to such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (installation is conditioned upon Tenant's agreement to remove same upon expiration or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion termination of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderLease.

Appears in 2 contracts

Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Alterations. Tenant shall not make no alterations, decorations, additions or improvements in or to Demised Premises without Landlord's prior written consent, and then only by contractors or mechanics approved in advance in writing by Landlord and only upon such conditions as Landlord may impose. Tenant shall submit such information as Landlord shall require, including, without Limitation (i) plans and specifications, 00 evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory, and (M) all permits and Licenses required in connection with such work. ALL such work shall be done at Tenant's sole cost and expense at such times and in such manner as Landlord may from time to time designate. ALL work done by Tenant shall be performed in full compliance with all Laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations and requirements of the Insurance Services Office and of any similar body. Before commencing any work, Tenant shall (a) give Landlord at Least fifteen (15) days' written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be permitted by Law to protect Landlord from having its interest in Demised Premises or the Building made subject to a mechanic's Lien, and (b) shall secure, at Tenant's own cost and expense, a completion and Lien indemnity bond, satisfactory to Landlord, for said work. Any mechanic's Lien filed against Demised Premises or against the Building or the Land upon which the Building is Located or any of the areas used in connection with the operation of the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, shall be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, decorations, additions, or improvements upon Demised Premises, made by either party, including without Limiting the generality of the foregoing, all paneling, partitions, railings, mezzanine floors, galleries and the like, shall, unless Landlord elects otherwise [which election shall be made by giving a notice pursuant to the Premises without the provisions of Article 27 not less than three (3) days prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection expiration or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of other termination of this Lease or vacating any renewal or extension thereof], become the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval property of Landlord, and shall be performed by a reputable construction company approved in writing by Landlordremain upon, and who shall carry such insurance and meet such other requirements be surrendered with Demised Premises, as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlorda part thereof, at the end of the Term. If Tenant shall remove any improvement work by property from Demised Premises, Tenant (shall repair or, at Landlord's option, shall pay to Landlord the cost of repairing any damage arising from such removal. Tenant shall not install any machine or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e.equipment which causes noise, electrical wiring heat, cold or plumbing vibration to be covered by finished walls, etc.), that will not be readily subject transmitted to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated without Landlord's prior written consent, which consent may be conditioned on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersuch terms as Landlord may require.

Appears in 2 contracts

Sources: Lease Agreement (Homelife Inc), Lease Agreement (Homelife Inc)

Alterations. Tenant A. Sublessee shall not make or cause, suffer or permit the making of any alterationsalteration, additionsaddition, change, replacement or improvements installation, whether at the commencement of the term of this Sublease or thereafter, in or to the Premises (hereinafter referred to as “Sublessee’s Work”) without obtaining the prior written consent of LandlordSublessor in each instance, which consent shall not be unreasonably withheld, conditioned or delayed: provided, however, notwithstanding the foregoing, Sublessee need only seek and obtain Sublessor’s consent if Sublessee’s Work will involve modification of the structure or utilities systems of the Premises or will cost more than $50,000.00 to complete, or require filing for a building permit with the NYC Building Department. TenantWith respect to any Sublessee’s Work. Sublessee shall (i) obtain Sublessor’s prior written consent to Sublessee’s contractors and subcontractors; (ii) submit to Sublessor, for Sublessor’s written approval, detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for Sublessee’s Work. (iii) at its own Sublessee’s sole cost and expense, may erect obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies. (iv) perform such shelvesSublessee’s Work in accordance with all applicable laws, binsthe construction procedures set forth in this Sublease, machinery the Prime Lease as incorporated herein or such other procedures and trade fixtures rules and regulations (including the Operating Rules) as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the PremisesSublessor shall determine; and (cv) not allow Sublessee’s contractors and subcontractors to disrupt or materially interfere with Sublessor’s construction of its Lessee Improvements (as defined in the constructionPrime Lease). Sublessee shall reimburse Sublessor for all reasonable out-of-pocket costs incurred by Sublessor in connection with Sublessor’s review of plans, erection or installation thereof complies with all applicable governmental lawsdrawings and specifications relating to Sublessee’s Work, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during Throughout the Term of this LeaseSublease. All shelves, bins, machinery and trade fixtures installed by Tenant Sublessee shall be removed on provide documentation to Sublessor (in the form of contractor’s invoices or before other evidence reasonably satisfactory to Sublessor) evidencing the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion cost of all such construction work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of Sublessee shall, at its expense, discharge any mechanic’s lien filed against the Premises or Premises will in any way be a condition the Chelsea Piers for work claimed to the occurrence have been done for, or materials claimed to have been furnished to, Sublessee within thirty (30) days after receipt of notice of the Commencement Date filing thereof, by payment or commencement filing the bond required by law. Upon completion of TenantSublessee’s rental payment obligations hereunderWork, Sublessee, at Sublessee’s sole cost and expense, shall obtain certificates of final approval required by any governmental or quasi-governmental bodies and shall furnish to Sublessor with copies thereof together with copies of final “as-built” plans.

Appears in 2 contracts

Sources: Sublease (2U, Inc.), Sublease (2U, Inc.)

Alterations. Tenant (a) With the exception of New Units and the Existing Units described in Section 10.3, the Lessee shall not make any alterations, additionsmake, or improvements cause to be made, any alteration, addition or improvement in the Premises Premises, including without limitation installation, removal or modification of fencing or landscaping, without first obtaining the prior written consent of Landlordthe Director for such work, except in each case alterations or improvements required to maintain the Property and Improvements in safe condition and in compliance with applicable laws and ordinances. TenantThe Director’s approval of alterations, at its own additions or improvements expressly contemplated by this Lease shall not be unreasonably withheld, conditioned or delayed. Ordinary repairs and any non-structural alteration of any structure that, together with all other items of the same nature during the calendar year, cost less than $100,000.00, and expense, may erect such shelves, bins, machinery emergency repairs immediately necessary for the usual and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to customary usage of the Premises; and (c) , in each case if at the constructionsole expense of Lessee, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsshall not require such prior written consent. All alterations, additions, additions and improvements and partitions erected by Tenant made shall be at the sole cost and expense of the Lessee, and unless otherwise agreed in writing by the Director, shall remain in and be surrendered with the property of Tenant during Premises as a part thereof at the Term expiration or termination of this Lease, without disturbance, molestation or injury. All shelvesThis subsection and any consent under this subsection shall not affect or substitute for any requirement for approvals, binspermits or consents under any law, machinery and trade fixtures installed by Tenant shall be removed on ordinance, regulation, or before the earlier any document other than this Lease. (b) The Lessor reserves an unqualified right to occur of the date of termination of this Lease make repairs or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements alterations to the Premises or to the buildings thereon (i) where conditions deemed by the Director to constitute an emergency exist, or (ii) after prior written notice to Lessee requesting Lessee to make such repair or alteration in order to correct deficiencies in compliance with any applicable law, regulation or Code. Lessee shall reimburse Lessor on demand for the cost of any such repairs or alterations if made after the Lessee shall have failed or refused to do so. The Lessor also reserves the right to make general alterations to the Premises at no cost to Lessee, where such general alterations will become part not unreasonably interfere with the ordinary operation of the Premises upon installation and will remain in place at by the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (Lessee or its contractors) is work that will be covered up by permitted Sublessees, but not the finish work involved right to construct any Buildings or to modify any buildings except as provided in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcArticle 16 below.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 2 contracts

Sources: Ground Lease, Ground Lease

Alterations. Tenant shall not create any openings in the roof or exterior walls, nor shall Tenant make any alterations, additions, alterations or improvements additions to the Leased Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. TenantIn the event of an improvement or alteration, Landlord shall have the right to determine (at its own cost and expensethe time such approval is given) whether it shall be left or removed at the expiration or termination of the Lease, may erect such shelves, bins, machinery and trade fixtures except as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable required by any governmental laws, ordinances, regulations and with Landlord's specifications and requirementsauthority. All alterations, additions, improvements and partitions erected by Tenant shall be responsible to make all additions, improvements, alterations, and remain repairs on the property Leased Premises and on and to the appurtenances and equipment thereof, required by any governmental authority or which may be made necessary by the act or neglect of Tenant during the Term of this Leaseany person, firm or corporation, private or public, claiming by, through or under Tenant. All shelves, bins, machinery and trade fixtures installed by Tenant Any improvement or alteration shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so as not to damage or alter and in compliance with all applicable permits and authorizations and building and zoning laws, and with all other laws, ordinances, rules, regulations, and requirements of all Federal, State, and municipal governments, departments, commissions, boards, and officers, and in accordance with the primary structure or structural qualities orders, rules, and regulations of the building comprising a part National Board of Fire Underwriters or any other body exercising similar functions. Upon completion of any work by or on behalf of Tenant, the Tenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractor’s statements and supporting lien waivers) evidencing payment in full for such work. Tenant shall provide Landlord with sufficient advance written notice of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenantany work which may result in a mechanic’s rental payment obligations hereunderor materialman’s lien against the Leased Premises so that the Landlord can post sufficient notices of non-liability. Tenant shall be responsible to make all alterations so that the Leased Premises are in full compliance with the Americans with Disabilities Act.

Appears in 2 contracts

Sources: Lease Agreement (Cobiz Inc), Lease Agreement (Cobiz Inc)

Alterations. 8.1 Tenant shall not make any alterations, additions, or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without the Landlord's prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsconsent. All alterations, additions, and improvements in or to the Premises to which Landlord consents shell be made by Tenant at Tenant's sole cost and partitions erected expense as follows; (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by ▇▇▇▇▇▇. Such plans and specifications shall be 8 - OFFICE LEASE prepared by responsible licensed architect(s) and engineer(s) approved in writing by ▇▇▇▇▇▇▇▇, shall comply with all applicable codes, laws, ordinances. rules, and regulations, shall not adversely affect the basic Building shell or core or any systems, components, or elements of the Building, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the approval thereof, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall notify Landlord in writing of the licensed architect(s) and engineer(s) whom ▇▇▇▇▇▇ proposes to engage to prepare such plans and specifications. Landlord shall notify Tenant promptly in writing whether Landlord approves or disapproves such architect(s) and engineer(s). (b) Such plans and specifications shall be subject to Landlord's prior written approval. If Landlord disapproves such plans and specifications, or any portion thereof, Landlord shall promptly notify Tenant of such disapproval and of the revisions which Landlord requires in order to obtain Landlord's approval. Thereafter, Tenant shall submit to Landlord revised plans and specifications incorporating the revisions required by Landlord. Such revisions shall be subject to ▇▇▇▇▇▇▇▇'s prior written approval. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications. (c) Except for ▇▇▇▇▇▇▇▇'s Work pursuant to the Work Letter attached as Exhibit "C" and Tenant's allowance thereto provided, Tenant shall pay for all work (including, without limitation, the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions, and improvements. Tenant shall engage responsible licensed contractor(s) approved in writing by Landlord to perform all work. Tenant shall notify Landlord in writing of the licensed contractor(s) whom ▇▇▇▇▇▇ proposes to engage for the work. Landlord shall notify Tenant promptly in writing whether Landlord approves or disapproves such contractor(s). All contractors and other persons shall at all times be subject to Landlord's control while in the Building. Tenant shall pay to Landlord any additional direct costs (beyond the normal services provided to tenants in the Building) and shall reimburse Landlord for all expenses incurred by Landlord in connection with the review, approval, and supervision of any alterations, additions, or improvements made by ▇▇▇▇▇▇. Under no circumstances shall Landlord be liable to Tenant for any liability, loss, cost, or expense incurred by Tenant on account of Tenant's plans and specifications, ▇▇▇▇▇▇'s contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. (d) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least five (5) days prior to such date. Tenant shall cause all work to be performed by the licensed contractor(s) approved in writing by Landlord in accordance with the plans and specifications approved in writing by Landlord and in full compliance with all applicable codes, laws, ordinances, rules, and regulations. Tenant shall keep the Premises and the Building free from mechanics', materialmen's, and all other liens arising out of any work performed, labor supplied, materials furnished, or other obligations incurred by ▇▇▇▇▇▇. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based. Tenant shall have the right to contest the amount or validity of any such lien provided ▇▇▇▇▇▇ gives prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and upon request by ▇▇▇▇▇▇▇▇. furnishes such bond as may be required by law to protect the Building and the Premises from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord, the Premises and the Building from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. (e) All changes in the plans and specifications requested by Tenant shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in such approved plans and specifications, Tenant shall have Tenant's architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. If Landlord disapproves such change, Landlord shall specify in writing the reasons for disapproval and such plans and specifications shall be revised by ▇▇▇▇▇▇ and resubmitted to Landlord for Landlord's written approval. After Landlord's written approval of such chance, such change shall become part of the plans and specifications approved by Landlord. 8.2 All alterations, additions, fixtures, and improvements, whether temporary or permanent in character, made in or to the Premises either by Tenant or by Landlord shall become part of the Building and Landlord's property and, at the end of the term of this Lease, shall, at Landlord's option, either remain on the Premises without compensation to Tenant or be removed by Landlord for Tenant's account, and Tenant shall reimburse Landlord for the cost of removal (including the cost of repairing any damage to the Premises or the Building caused by removal and a reasonable charge for Landlord's overhead and profit) within ten (10) days after receipt of a statement therefor. Movable furniture, equipment, trade fixtures, and personal property (except partitions) shall remain the property of the Tenant during and Tenant shall, at Tenant's expense, remove all such property from the Term Building at the end of the term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination Termination of this Lease or vacating shall not affect the Premises, at which time obligations of Tenant shall restore the Premises pursuant to their original condition. Unless otherwise agreed in advance, any this Section 8.2 to be performed after such termination. 8.3 Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval right, at its sole cost and expense, to erect a sign on the exterior of Landlordthe Building, which sign shall (a) conform to the general materials, size, and shall appearance of other signs on the Building, (b) be performed in strict conformity with any guidelines or sign criteria adopted by Landlord with respect to the Building, (c) be in accordance with all applicable laws, (d) be installed by a reputable construction company contractor or other party which meets with Landlord's prior approval, (e) be placed in a location approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall (e) be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily otherwise subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, Landlord's and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderlocal authorities prior written approval.

Appears in 1 contract

Sources: Office Lease (Impac Mortgage Holdings Inc)

Alterations. (a) Except as set forth in this PARAGRAPH 8 or in PARAGRAPH 12, Tenant shall not make any alterations, installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "ALTERATION") in or to the Premises without or any part thereof; PROVIDED, HOWEVER, that Landlord shall not unreasonably withhold, condition or delay its consent to any of the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items same which do not overload affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or damage air conditioning systems serving either the same; (b) such items may be removed without injury to Building or the Premises; and . All Alterations in the Premises (c) the construction, erection whether installed with or installation thereof complies with all applicable governmental laws, ordinances, regulations and with without Landlord's specifications and requirements. All alterationsconsent), additions, improvements and partitions erected by Tenant shall be and at the election of Landlord remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore in the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to and be surrendered with the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals this Lease without disturbance, molestation or injury; FURTHER PROVIDED, HOWEVER, that any and all applicable legal requirements, receipt manufacturing items or other of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Tenant's personalty shall have the prior written approval of Landlord, remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property. (b) Landlord is delivering the Premises to Tenant in their "AS IS" condition, without any representation or warranty of any kind, express or implied, as to their condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant. (c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a reputable construction company contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved in writing by Landlord, and who Tenant shall carry deliver to Landlord certificates of all such insurance and meet such other requirements as Landlord shall specifyinsurance. All invoices for improvements shall be available for inspection by Landlord. If any improvement Tenant's work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good first-class and workmanlike manner so as lien-free manner. Tenant shall not to damage be Landlord's agent for purposes of this work and Tenant shall be solely responsible for any mechanics' or alter the primary structure materialmen's lien arising therefrom; Tenant shall pay, bond or structural qualities otherwise release of the building comprising a part record any such lien within ten (10) days after receiving notice of its existence. (d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and other improvements situated on shall not permit or suffer any lien to attach to the Premises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. No alterations contemplated Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to the building comprising a part be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises will and shall not encumber Landlord's interest in any way be a condition to the occurrence of Premises or the Commencement Date or commencement of Tenant’s rental payment obligations hereunderBuilding.

Appears in 1 contract

Sources: Lease (MPW Industrial Services Group Inc)

Alterations. Tenant shall not make or cause to be made any structural alterations, additions or improvement to the building, without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld. Notwithstanding anything contained in this Paragraph to the contrary, Tenant shall be allowed to make non-structural improvements in the Leased Premises up to a cost of Five Thousand and no/100 Dollars ($5,000.00) without Landlord's approval. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Leased Premises without the prior written consent of Landlord. by Tenant, the same shall be made by Tenant at its own Tenant's sole cost and expense. Tenant may make non-structural improvements, may erect such shelvesalterations, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury additions to the Premises; Leased Premises without Landlord approval at Tenant's sole cost and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsexpense. All such work with respect t any alterations, additions, improvements and partitions erected by Tenant changes shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so and diligently prosecuted to completion such that, except as not absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. Any alterations, additions, or improvements to damage or alter the primary structure or structural qualities of the building comprising Leased Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the realty and shall be surrendered with the Leased Premises and other improvements situated on unless Landlord otherwise elects at the Premises. No alterations contemplated by Tenant to the building comprising a part end of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderterm hereof.

Appears in 1 contract

Sources: Lease Agreement (Iomega Corp)

Alterations. Tenant shall not make any alterations, additions, or additions and improvements to (hereinafter “Alterations”) on the Leased Premises without the Landlord’s prior written consent, which consent of LandlordLandlord may, in its discretion, withhold. TenantAs to any Alterations to which Landlord consents, at its own cost such work shall be performed with plans and expense, may erect such shelves, bins, machinery specifications therefore first approved in writing by Landlord and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies in accordance with all applicable governmental lawslaws and ordinances. Tenant shall, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements prior to the Premises will become part commencement of the Premises upon installation such work, deliver to Landlord binding waivers of liens from all mechanics and will remain in place at the expiration of the Term upon receipt of verification of good material supplies, and workmanlike completion copies of all required permits. At Landlord’s option (exercised by notice in writing form Landlord to Tenant given within ten (10) days after Landlord receives Tenant’s plans and specifications), such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing employees of or contractors employed by Landlord, at Tenant’s expense. Tenant shall permit Landlord to monitor construction operations in connection with such work, and who to restrict, as may reasonably be required, the passage of workers and materials, and the conducting of construction activity in order to avoid unreasonable disruption to Landlord or to other parties or other damage to the Leased Premises. Upon completion of any such work by or on behalf of Tenant, Tenant shall carry provide Landlord with such insurance and meet such other requirements documents as Landlord may require (including, without limitation, sworn contractors’ statements and supporting lien waivers) evidencing payment in full for such work, as “as built” working drawings. In the event Tenant performs any work not in compliance with the provisions of this paragraph, Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to the performance thereof. If Tenant fails so to remove such work and restore the Leased Premises as aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of Landlord under this Lease, at law or in equity, enter the Leased Premises and perform such obligation of tenant and Tenant shall specify. All invoices reimburse Landlord for improvements shall be available for inspection the cost to the Landlord thereof, immediately upon being billed therefore by Landlord. If any improvement work Such entry by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will Landlord shall not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County deemed an eviction or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement disturbance of Tenant’s rental payment obligations hereunderuse or possession of the Leased Premises nor render Landlord liable in any manner to Tenant.

Appears in 1 contract

Sources: Industrial Space Lease (Gateway Trade Center Inc.)

Alterations. Tenant shall not make or permit to be made any alterations, additionsimprovements, and/or additions of any kind or improvements nature to the Demised Premises without or any part thereof except by and with the prior written consent of Landlord, which consent shall not be unreasonably withheld. TenantTenant further will not, at its own cost and expense, may erect such shelves, bins, machinery and trade except for the installation of fixtures as it desires provided that (a) part of Tenant’s Work, cut or drill into or secure any fixture, apparatus, or equipment of any kind to any part of the Demised Premises without first obtaining Landlord’s consent. In the event Tenant requests Landlord’s consent as required herein, Tenant shall submit plans and specifications for such items do alterations to Landlord for approval. Tenant will not overload paint or damage decorate any part of the same; (b) such items may be removed exterior of the Demised Premises, or any part of the interior visible from the exterior thereof, without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with first obtaining Landlord's specifications and requirements’s written approval. All alterations, additions, improvements and partitions erected by Tenant additions to the Demised Premises shall be made in accordance with all applicable laws and remain shall, when made or installed, be deemed to have attached to the freehold and to have become the property of Tenant during Landlord and shall remain for the Term benefit of Landlord at the expiration or earlier termination of this Lease. All shelves; provided however, bins, machinery and trade fixtures installed by Tenant shall be removed on if prior to the expiration or before the earlier to occur of the date of termination of this Lease Lease, or vacating the Premiseswithin fifteen (15) days thereafter, at which time if Landlord so directs, Tenant shall restore promptly remove the additions, improvements, fixtures and installations which were placed in, upon or on the Demised Premises to their original conditionby Tenant and which are designated in said notice and shall repair any damage occasioned by such removal and in default thereof, Landlord may effect said removals and repairs at Tenant’s expense. Unless otherwise agreed in advanceIn the event of making such alterations, any improvements and/or additions as herein provided, Tenant improvements to the Premises will become part of the Premises upon installation does hereby indemnify and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits save harmless Landlord from all contractorsexpense, and expiration of all applicable lien periods without liens, claims or damages to either person or property arising out of, or resulting from the filing of any claim for mechanic’s undertaking or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection making of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderand/or additions.

Appears in 1 contract

Sources: Shopping Center Lease Agreement

Alterations. (a) Tenant shall not create any openings in the roof or exterior walls, or make any alterationsrepairs, replacements, additions, improvements or improvements alterations (collectively, "Alterations") to the Premises without the Landlord's prior written consent, which consent Landlord may, in its discretion, withhold; provided, however, that Landlord agrees not to withhold its consent unreasonably to any Alterations (i) not affecting the structure of Landlordthe Building or Building systems, (ii) not increasing the cost to Landlord of performing its obligations hereunder, (iii) not affecting any other tenant's premises, and (iv) costing less than $5,000.00. Tenant shall make all Alterations in and to the Premises required by any governmental authority or which may be made necessary by the act or neglect of Tenant, at its own cost employees, agents, contractors, invitees and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; licensees. (b) such items may be removed without injury to the Premises; Tenant shall perform any Alterations with new materials, in a w▇▇▇▇▇▇-like manner, strictly in accordance with plans and (c) the construction, erection or installation thereof complies specifications therefor first approved in writing by Landlord and in accordance with all applicable governmental lawsrestrictions, ordinancesorders, regulations regulations, laws and ordinances and in compliance with any insurance policies or insurance underwriting requirements. At Landlord's specifications option (exercised by notice in writing from Landlord to Tenant given within ten (10) days after Landlord receives Tenant's plans and requirementsspecifications), such work shall be performed by employees of or contractors employed by Landlord, at Tenant's expense. All alterationsUpon completion of any such work by or on behalf of Tenant, additions, improvements and partitions erected by Tenant shall be provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors statements and remain the property of supporting lien waivers) evidencing payment in full for such work, and "as built" working drawings. Tenant during the Term shall, upon written notice from Landlord, immediately remove any work which does not comply with provisions of this Lease. All shelves, bins, machinery Section 9.2(b) and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original conditioncondition immediately prior to performance of the work. Unless otherwise agreed If Tenant fails so to remove such work and restore the Premises, Landlord may, at its option, and in advanceaddition to all other rights or remedies of Landlord under this Lease, any at law or in equity, enter the Premises and perform said obligation of Tenant, and Tenant improvements shall reimburse Landlord for the cost to the Premises will become part Landlord thereof, immediately upon being billed therefor by Landlord. Such entry by Landlord shall not be deemed an eviction or disturbance of Tenant's use or possession of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as nor render Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will liable in any way be a condition manner to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Neomedia Technologies Inc)

Alterations. Tenant Subtenant shall not make make, or cause to be made, any alterations, additionsrepairs, additions or improvements in or to the Sublease Premises without except with the prior written consent of Landlord. Tenantthereto by Sublandlord, at its own cost and expensewhich consent shall not be unreasonably withheld; provided, may erect such shelveshowever, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury subject to the Premises; receipt of all required governmental approvals, permits, licenses and (c) the constructionlike and any other required consents, erection or installation thereof complies with all applicable governmental lawsSubtenant may make alterations, ordinances, regulations and with Landlord's specifications and requirements. All alterationsrepairs, additions, improvements and partitions erected by Tenant shall be and remain in or to the property of Tenant during Sublease Premises provided same are non-structural in nature, do not affect (x) the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur outside of the date of termination of this Lease Sublease Premises or vacating (y) its structure, do not cost more than Ten Thousand Dollars ($10,000) (other than in the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part case of the initial alterations to prepare the Sublease Premises upon installation for Subtenant's initial occupancy thereof, which initial alterations are more particularly described in Exhibit D) and will remain do not (actually or potentially) result in place at any additional obligations to Sublandlord. In the expiration of the Term upon receipt of verification of good and workmanlike completion of all event Sublandlord grants such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s consent or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry Subtenant is otherwise entitled to make such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installationsrepairs, removals and restoration additions or improvements, such alterations, repairs, additions or improvements shall be performed in a good and workmanlike manner so as manner, in accordance with all applicable legal and insurance requirements. Subtenant shall not make any repairs, alterations, additions or improvements or perform any work to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Sublease Premises. No alterations contemplated by Tenant , unless prior to the building comprising a part commencement of such work, Subtenant shall obtain or cause to be obtained (and during the Premises performance of such work keep in force or Premises will cause to be kept in any way force) public liability and workmen's compensation insurance to cover every contractor to be a condition employed. Such policy shall name Sublandlord and Subtenant as additional insureds, shall be non-cancelable without ten (10) days' prior written notice to Sublandlord and shall be in amounts and with companies satisfactory to Sublandlord. Prior to commencement of such work, Subtenant shall deliver (or cause to be delivered) certificates of such insurance policies to Sublandlord. All repairs, alterations, additions and improvements made by Subtenant to the occurrence Sublease Premises (or any portion thereof) shall be deemed to be attached to the leasehold and to have become the property of Sublandlord upon such attachment, and upon the Commencement Date expiration or commencement earlier termination of Tenant’s rental payment obligations hereunder.this Sublease, Subtenant shall not remove

Appears in 1 contract

Sources: Sublease (Cayenne Software Inc)

Alterations. Tenant shall Lessee will not make or allow to be made any alterations, additions, alteration or improvements additions in or to the Premises without the prior written consent of LandlordLessor, which consent shall not unreasonably be withheld so long as such alterations or additions do not affect any structural, mechanical, electrical or plumbing items or installations in the Building and do not affect the appearance of the exterior of the Building or the appearance of the Premises from the Common Areas of the Building. TenantShould Lessee desire to perform any alterations, at its own cost Lessee shall submit plans and expensespecifications for same to Lessor for Lessor's written approval before beginning such work. Upon receipt by Lessee of the written approval of Lessor of such plans and specifications, and upon payment by Lessee to Lessor of the reasonable fees incurred by Lessor to have such plans and specifications reviewed, Lessee may erect proceed to make such shelvesapproved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Lessor, bins, machinery and trade fixtures as it desires such approval not to be unreasonably withheld (provided that (a) Lessor may designate the contractors to be used for structural, mechanical, electrical or plumbing work). Any and all such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, physical additions or improvements and partitions erected by Tenant shall be and remain become the property of Tenant during the Term Lessor and shall in no event be removed by the Lessee including those improvements made at the Lessee's expense or under any agreement with the Lessee whereby the Lessee is given an allowance or rent reduction in exchange for Lessee's agreement to install or allow to be installed lease improvements, such as by way of this Leaseexample but not limitation, wall coverings, floor coverings or carpet, paneling, doors, cabinets, appliances, such as refrigerators and dishwashers and hardware. All shelvesThe foregoing sentence shall not apply to movable, bins, machinery and nonattached trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date Lessee. Notwithstanding the foregoing, it is the responsibility of termination of this Lease or vacating the Premises, at which time Tenant shall Lessee to restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlordcondition that existed when Lessee first took possession if Lessor so requests. If any improvement work by Tenant (or its contractors) mechanic's lien is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of filed against the Premises or the real estate of which the Premises will form a part, which lien arises out of work done by or at the direction of Lessee, Lessee shall cause same to be discharged within 10 days after the lien is filed by Lessee paying or bonding over said lien. If Lessee fails to comply with the foregoing sentence Lessor shall (without limitation of its other rights or remedies) have the right, but not the obligation, to discharge said lien and Lessee shall immediately reimburse Lessor for any sum of money expended by Lessor in any way connection with obtaining such discharge (together with an additional 15 percent thereof to cover Lessor's administrative costs), which amount shall be a condition deemed to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderbe Rent hereunder for all purposes.

Appears in 1 contract

Sources: Lease Agreement (Design Automation Systems Inc)

Alterations. Tenant shall not make any alterations, additionsalterations of, or improvements to additions to, the Leased Premises without the prior written consent of LandlordLessor. TenantLessor shall have the right to approve all plans, at its own cost specifications, contractors, laborers to be used for such alteration or addition. Tenant will not permit any mechanics', laborers' or materialmens' liens to stand against the Leased Premises or the Project for labor or materials claimed to have been furnished in connection with any work performed or claimed to have been performed in or about the Leased Premises. At the termination of this Lease, Tenant shall, if Lessor so elects, remove all alterations and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions additions erected by Tenant and restore the Leased Premises to their original condition; otherwise such improvements shall be and remain delivered up to the property of Tenant during Lessor with the Term of this LeaseLeased Premises. All shelves, bins, machinery movable office firrnishings and trade fixtures installed by Tenant shall may be removed on or before by Tenant at the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time if Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlordso elects, and shall be performed removed if required by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specifyLessor. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part Leased Premises. Personal property remaining in the Leased Premises at the expiration or termination of the Premises term of this Lease shall be deemed abandoned, and become the property of Lessor, and Lessor may dispose of the same as Lessor deems expedient. Notwithstanding anything to the contrary contained in this Lease, Lessor shall in all events have the right to prescribe the weight and position of any safes and other improvements situated heavy equipment placed in or on the Leased Premises by Tenant. Any and all damage or injury to the Leased Premises or the Project caused by moving the property of Tenant in or out of the Leased Premises, or due to the same being in or on the Leased Premises, shall be repaired by Tenant at its sole cost and expense. No alterations contemplated equipment, fixtures, furniture or other bulky matter will be received into or carried in the Project, except in or at such places, at such times and in such manner as are approved by Tenant to the building comprising a part Lessor, and all moving of Tenant's property in or out of the Leased Premises shall be done only under the direct control and supervision of Lessor; provided, however, that Lessor shall not be responsible for any damage to or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.charges for moving such property. SIGNS

Appears in 1 contract

Sources: Office Lease Agreement (Image Sensing Systems Inc)

Alterations. Tenant shall not make any alterationschanges, additions, improvements, alterations or improvements other physical changes to the Premises Demised Premises, the Building or any portions thereof, or any of the systems therein or thereon (referred to collectively as "Alterations" and singly as an "Alteration") without the prior written consent of LandlordOwner in each instance, which consent shall not be unreasonably withheld, and in the event that Owner grants such consent, such Alteration shall be made in compliance with all Legal Requirements and performed in a manner and at such times as Owner reasonably designates and such Alterations or installations shall not, in any event, interfere with the use and operation of the Building by Owner or any tenant, occupant or user thereof. TenantWithout limiting the aforesaid, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided Tenant agrees that (a) prior to any Alterations by Tenant or the installation of any of Tenant's equipment in the Demised Premises, Tenant shall submit detailed plans and specifications of the planned Alteration or installation to Owner for Owner's approval, provided that in no event will Owner's approval of such items do plans be deemed a representation that they comply with applicable Legal Requirements, and will not overload cause interference with communication operations of Owner, or damage any tenant, user or occupant of the same; Building and any such Alterations shall be made only in accordance with the plans and specifications approved by Owner, (b) such items may be removed without injury to all contractors performing any Alterations, modification or maintenance work on behalf of Tenant at the Premises; and (c) Demised Premises or in the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant Building shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier subject to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of LandlordOwner prior to the commencement of such work, and which approval shall not be unreasonably withheld. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Owner in connection therewith. Nothing in this Lease shall be performed construed in any way as constituting the consent or request of Owner, express or implied, by a reputable construction company approved in writing by Landlordinference or otherwise, and who shall carry to any contractor, subcontractor, laborer or material men, for the performance of any labor or the furnishing of any material for any specific Alteration to, or repair of, the Demised Premises, the Building, or any part thereof. Any mechanic's or other lien filed against the Building, or the Real Property, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or any person claiming through or under Tenant or based upon any act or omission or alleged act or omission of Tenant or any such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements person shall be available for inspection by Landlord. If any improvement work discharged by Tenant (by bond or its contractorsotherwise) is work that will be covered up by at Tenant's sole cost and expense, within twenty (20) days after the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection filing of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderlien.

Appears in 1 contract

Sources: Lease (Vizacom Inc)

Alterations. (a) Tenant shall not make any alterations, decorations, improvements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such alterations, interior decorations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant may (i) affix pictures and shelving to the walls and (ii) perform other minor cosmetic alterations to the Premises not exceeding Five Thousand and 00/100ths Dollars ($5,000.00) in the aggregate, without ▇▇▇▇▇▇▇▇’s consent. (b) All alterations, decorations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, decorations, improvements or additions, except trade fixtures installed by Tenant; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to the Premises caused by such removal. (c) In performing such alterations, decorations, improvements or additions, or improvements in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises without and the prior written consent Building and shall repair all damage or injury that may occur to the Premises or the Building. (d) ▇▇▇▇▇▇ agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. TenantAny contractors employed by Tenant shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. (e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at its own ▇▇▇▇▇▇’s sole cost and expense, may erect such shelvesall necessary permits, bins, machinery authorizations and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections licenses required by the City, County or other agency with various governmental authorities having jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on over the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Alterations. Tenant (a) Lessee shall not make any alterations in or additions to the Demised Premises without Lessor's advance written consent which shall not be unreasonably withheld in each and every instance, provided, however, that no such consent shall be necessary for alterations or additions which cost $50,000 or less and which do not affect the structure or systems of the Building. If Lessee is permitted to make any alterations in or additions to the Demised Premises, before commencement of the work or delivery of any materials onto the Demised Premises or into the Building, Lessee shall furnish Lessor for Lessor's approval with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and security in form and amount reasonably satisfactory to Lessor against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether Lessee furnishes Lessor the foregoing or not, Lessee hereby agrees to hold Lessor harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. All such work, alterations, decorations, installations, additions or improvements shall be done only by contractors or mechanics reasonably approved by Lessor, which approval shall not be unreasonably withheld, at such times and in such manner as Lessor may from time to time reasonably designate. Any mechanics lien filed against the Demised Premises or the Building for work claimed to have been done for, or materials claimed to have been furnished to Lessee, shall be discharged of record by Lessee within thirty (30) days thereafter, at Lessee's expense, unless Lessee insures over any such claims or furnishes Lessor a bond or other reasonable security in an amount at least equal to 150% of the claimed indebtedness. Before commencing any work in connection with alterations or additions, Lessee shall furnish Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring Lessor against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. Lessee shall pay (i) the cost of all such alterations and additions, (ii) the cost of decorating the Demised Premises occasioned by such alterations and additions and (iii) all third party out-of-pocket costs incurred by Lessor in reviewing all plans and specifications and other materials associated with and inspecting any work done in connection with any proposed alterations or additions. Upon completing any alterations or additions, Lessee shall furnish Lessor with contractor's affidavits and full and final waivers of lien covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of the City of Chicago or any department or agency thereof and with the requirements of all statutes and regulations of the State of Illinois or of any department or agency thereof. All alterations and additions shall be constructed in good and workmanlike manner and only good grades of materials shall be used. Lessee shall permit Lessor to inspect construction operations in connection with alterations or additions if Lessor requests to do so. (b) All additions, decorations, fixtures, hardware, non-trade fixtures and all other permanent improvements in or upon the Demised Premises, whether placed there by Lessee or by Lessor, shall become Lessor's property and shall remain upon the Demised Premises at the expiration or termination of this Lease without compensation to Lessee; provided, however, that at the written request of Lessee submitted to Lessor at such time as the other documents and instruments described hereinabove are submitted to Lessor, Lessor shall, at the time it grants consent to any alteration pursuant to this Section 14, designate which alterations then contemplated by Lessee, if any, (i) Lessee will be required to remove upon expiration or termination of this Lease, provided that Lessor may only require Lessee to remove improvements or alterations which, in the reasonable opinion of Lessor, either are unconventional alterations or improvements or are alterations or improvements which will be difficult or costly to the Premises without the prior written consent remove upon expiration or termination of Landlord. Tenantthis Lease, and/or (ii) Lessee, at its own cost and expenseoption, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload remove upon the expiration or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term termination of this Lease. All shelvesIf Lessee so requests that Lessor make such designation and Lessor indicates that any of the alterations will be required to be removed, bins, machinery and trade fixtures installed by Tenant Lessee shall be removed on or before the earlier required to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all remove such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed alterations in a good and workmanlike manner so as and restore the Demised Premises to its condition prior to the installation of such alterations at Lessee's sole cost and expense. If Lessee does not remove any additions, decorations, fixtures, hardware, non-trade fixtures and improvements required to damage or alter be removed in accordance with the primary structure or structural qualities foregoing, Lessor may remove the same and Lessee shall pay the reasonable cost of such removal to Lessor upon demand. If Lessee does not remove Lessee's furniture, machinery, trade fixtures and all other items of personal property of every kind and description from the Demised Premises prior to the end of the building comprising Term, however ended, upon fifteen (15) business days written notice to Lessee, Lessee shall be conclusively presumed to have conveyed the same to Lessor under this Lease as a part ▇▇▇▇ of sale without further payment or credit by Lessor to Lessee and Lessor may remove the same and Lessee shall pay the cost of such removal to Lessor upon demand. Anything in this Lease to the contrary notwithstanding, Lessee may remove, at or prior to the expiration or earlier termination of this Lease, any supplementary air-conditioning units, raised flooring, Halon fire protection systems, and closed circuit security systems, if any, installed by Lessee on the Demised Premises in accordance with the provisions of this Lease. The rights and obligations of the Premises parties under this Section 14(b) shall survive the expiration of the Term or the termination of this Lease. (c) Lessee acknowledges that certain fireproofing and other insulation materials used in the construction of the Building contain asbestos and that the presence thereof requires Lessor to insure that certain precautions be taken when any work is performed in and around such materials. To that end, Lessor has promulgated Building regulations and procedures governing the manner in which Lessee may undertake alterations, additions modifications and improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part Demised Premises in those areas where asbestos-containing materials may be located, and such regulations and procedures may be modified, amended or supplemented from time to time. Prior to undertaking any physical work in or around the Demised Premises, Lessee shall notify Lessor, in writing, of the Premises or Premises will in any way be a condition exact nature and location of the proposed work and shall promptly supply such additional information regarding the proposed work as Lessor shall request. After receipt of Lessee's notice, Lessor shall, to the occurrence extent appropriate, supply Lessee with the Building procedures and regulations relating to working in areas where there is a risk of coming into contact with any asbestos-containing materials. Lessee shall strictly comply with all applicable governmental statutes, ordinances, codes, rules, regulations and all Building procedures and regulations relating to such work established by Lessor. Lessor shall have the right at all times to monitor the subject work for compliance with the Building procedures and regulations. If Lessor determines that any of the Commencement Date Building regulations and/or procedures are not being strictly complied with, Lessor may immediately require the cessation of all work being performed in or commencement around the Demised Premises until such time as Lessor is satisfied that the applicable procedures and regulations will be observed. Lessor's monitoring of Tenant’s rental payment obligations hereunderany work in or around the Demised Premises shall not be deemed a certification by Lessor of compliance with any applicable statutes, ordinance, code, rule regulation, or of the Building regulations and procedures or a waiver by Lessor of its right to require strict compliance with such Building regulations and procedures, nor shall such monitoring relieve Lessee from any liabilities relating to such work.

Appears in 1 contract

Sources: Sublease Agreement (Web Street Inc //)

Alterations. Tenant shall Lessee will not make any alteration, additions or improvements in or to the Premises without the written consent of Lessor first having been obtained, which consent may be withheld in Lessor's reasonable discretion. Before commencing any work relating to approved alterations, additions and improvements affecting the Premises, Lessee shall notify Lessor in writing of the expected date of commencement thereof and Lessee shall present to Lessor plans and specifications for such alterations, additions or improvements at the time approval is sought. In the event Lessor consents to the making of any alterations, additions, or improvements to the Premises without by Lessee, the prior written consent of Landlord. Tenant, same shall be made by Lessee at its own Lessee’s sole cost and expense. All such work shall be done only by contractors or mechanics approved by Lessor, may erect such shelveswhich approval shall not be unreasonably withheld, binsconditioned or delayed. Lessee shall not permit any mechanics or materialmen's liens to be levied against the Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents or contractor in connection with work of any character preformed or claimed to have been performed on the Premises by or at the direction of Lessee. Unless Lessor requires their removal by notice to Lessee given at the time of consent (or within ten (10) days after notice by Lessor form Lessee of alterations not requiring its approval), machinery and trade fixtures as it desires provided that (a) such items do not overload all alterations, improvement or damage the same; (b) such items additions which may be removed without injury made on the Premises shall become the property of Lessor and remain upon the Premises and be surrendered with the Premises at the expiration of the Term. If any mechanics or materialmen's lien, at any time, is filed against the Premises, or any part of the Premises, Lessee will cause such lien to be discharged of record within thirty (30) days after the filing of such lien (or any shorter period if required under Lessor's loan documents applicable to the Premises; ), except that if Lessee desires to contest such lien, it will furnish Lessor, within such 30-day (or shorter) period, security reasonably satisfactory to Lessor and its lender of at least 150% of the amount of the claim (cor such higher amount as required to comply with applicable statutes to release the lien), plus estimated costs and interest or comply with such statutory procedures as may be available to release the lien. Such contest shall suspend the enforcement of any lien against the Premises. Lessor may at any time apply such deposit to the payment of such lien if Lessor at any time reasonably believes that such lien could result in a foreclosure. Within ten (10) days of the constructionfinal determination of a contest establishing the validity or existence of a lien for any amount is entered, erection Lessee will pay and satisfy the same. At any time Lessee either desires, to or installation thereof complies with all applicable governmental lawsis required to, ordinancesmake any repairs, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements or utility installation thereon, or otherwise, Lessor may at its sole option require Lessee, at Lessee's sole cost and partitions erected by Tenant shall be expense, to obtain and remain provide to Lessor a lien and completion bond in an amount equal to one and one-quarter (11/4) times the property estimated cost of Tenant during the Term of this Lease. All shelvessuch improvements, bins, machinery to insure Lessor against liability for mechanics and trade fixtures installed by Tenant shall be removed on or before the earlier materialmen's liens and to occur insure completion of the date work. Lessee agrees that Lessor, at its option, may at its own expense make repairs, alterations or improvements which Lessor may deem necessary or advisable for the preservation safety or improvement of termination of this Lease or vacating the Premises, at including the right to modernize, improve, alter or make other changes to the Facility, or any portion thereof following no less than thirty (30) days’ notice to Lessee and approval of Lessee (which time Tenant approval shall restore not be unreasonably withheld, delayed, or conditioned) solely as to the Premises to their original condition. Unless otherwise agreed in advance, any Tenant nature of such alterations or improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance make sure they are consistent with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part Lessee's use of the Premises and other improvements situated on its programmatic requirements, provided that Lessee shall at all times have reasonable access to the Premises, and Lessor shall schedule all such activities to minimize interference with Lessee's school program. No alterations contemplated by Tenant Notwithstanding any provision to the building comprising a part contrary in this Section, Lessee may, following ten (10) days prior written notice to Lessor make the following alterations without prior consent from Lessor: (i) installation of Lessee's trade fixtures; and (ii) non-structural alterations, additions, or improvements in the Premises that cost less than $25,000 in the aggregate on a yearly basis to complete the entire project or Premises will are decorative or cosmetic in any way be a condition nature (such as repainting, recarpeting, reflooring, hanging wall coverings, installing low-voltage wiring and hanging pictures and light-weight shelving). Lessee shall at all times comply with NRS Chapter 108 in order to the occurrence allow Lessor to properly record and effectuate notices of the Commencement Date or commencement of Tenant’s rental payment obligations hereundernon-responsibility, including, without limitation, NRS 108.2403 and NRS 108.2407.

Appears in 1 contract

Sources: Charter School Lease

Alterations. Tenant shall not make perform any alterations, additions, demolition, installations, or improvements in, on, of or to the Premises (“Alterations”) without the Landlord’s prior written consent consent, which Landlord shall not unreasonably withhold except as provided below. No Alterations shall be permitted that, in Landlord’s sole discretion, adversely affect the Building’s systems, structure or exterior appearance, or value or marketability of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies . All Alterations shall be performed in accordance with all applicable governmental laws, ordinancescodes, regulations regulations, ordinances and with Landlord's specifications and requirementsrules. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration Alterations shall be performed in a good and workmanlike manner so as by tradesmen skilled in their respective trades, using only new materials. All Alterations and Tenant’s Work shall, upon installation, become part of the Premises, shall be owned by Landlord, and shall, unless Landlord requires removal, remain in the Premises at the expiration or termination of this Lease or termination of Tenant’s right to possession of the Premises, without compensation or credit to Tenant. Landlord shall, without limitation, have the right to receive and approve all contractors, subcontractors, construction contracts, plans and specifications, contractor insurance and sworn owners affidavits. In addition Owner shall have the right to require satisfactory evidence of Tenant’s ability to pay and the posting of payment and performance bonds from contractors. Notwithstanding anything to the contrary, Tenant may, without Landlord’s consent, but with prior notice to Landlord, make alterations to the interior of the Premises, the cost of which does not to damage exceed $250,000 in the aggregate, and which do not alter, modify or alter in any other manner whatsoever affect (i) the primary structure or structural qualities portions of the Premises, (ii) the roof of the building comprising of which the Premises shall form a part and the exterior of the Premises and other improvements situated on (including but not limited to the storefront), (iii) the structural integrity of the building of which the Premises shall form a part, or (iv) the plumbing, electrical, heating, ventilating, air-conditioning, or mechanical systems or installations in the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Single Tenant Net Lease (Childrens Place Retail Stores Inc)

Alterations. Except as set forth on Exhibit "B" attached hereto, Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Leased Premises without the prior written consent of Landlord. by Tenant, the same shall be made by Tenant at its own Tenant's sole cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All such work with respect to any alterations, additions, improvements and partitions erected by changes shall be done in a first-class and workmanlike manner and diligently completed so that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall be and remain have the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier same performed in such a manner as not to occur obstruct access to any portion of the date Building. Any alterations, additions, or improvements to or of termination of this Lease or vacating the Leased Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work shall at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will once become a part of the realty and shall be surrendered with the Leased Premises upon installation and will remain unless Landlord otherwise elects in place at writing not less than thirty (30) days prior to the expiration end of the Term upon receipt term hereof. If Landlord so elects, Tenant shall remove such items prior to the end of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlordterm hereof, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices responsible for improvements shall be available for inspection by Landlord. If the repair of any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Leased Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundercaused by such removal.

Appears in 1 contract

Sources: Lease Agreement (BMB Munai Inc)

Alterations. Tenant shall will not make any alterations, additionsrepairs, additions or improvements in or to the Premises (for purposes of this Article 12, any of the foregoing being referred to as the “Work”) or add, disturb or in any way change any plumbing, wiring, life/safety or mechanical systems, locks, or structural portions of the Building without the prior written consent of the Landlord as to the character of the Work, the manner of doing the Work, and the contractor(s) doing the Work. Such consent shall not be unreasonably withheld or delayed, if such Work is required of Tenant or is the obligation of Tenant pursuant to this Lease Agreement. As a condition to Landlord. ’s consent to Work proposed by Tenant, at its own cost Landlord may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish surety performance and/or payment bonds or other security for the payment of all costs incurred in connection with such Work, insurance against liabilities that may arise out of such Work, plans and expensespecifications approved by Landlord and permits necessary for such Work. If such Work is performed by contractor(s) not retained by Landlord, may erect Tenant shall upon completion of such shelvesWork, bins(i) deliver to Landlord evidence that payment for all such Work has been made by Tenant, machinery contractors’ affidavits and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; full and final mechanic’s lien waivers and (cii) pay to Landlord a construction supervision fee of five percent (5%) of the constructiontotal cost of such Work, erection or installation thereof complies but in no event less than $500.00 to reimburse Landlord for the costs incurred by its construction manager in inspecting and supervising such Work. All such Work shall be done in a good and workmanlike manner using quality materials and shall comply with all applicable governmental laws, ordinances, regulations rules and with Landlord's specifications regulations. Tenant agrees to indemnify and requirementshold Landlord free and harmless from any liability, loss, cost, damage or expense (including attorney’s fees) by reason of any of such Work. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property The provisions of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination Article 27 of this Lease or vacating the Premises, at which time Tenant Agreement shall restore the Premises apply to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be Work performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcunder this Article 12.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Health Fitness Corp /MN/)

Alterations. The Tenant agrees that Tenant will make no alterations in, or additions or improvements to said premises without in each case the written consent of Landlord first being had and obtained. Drawings and specifications of the proposed alterations shall not be submitted when Tenant requests the said approval. ▇▇▇▇▇▇ agrees that Tenant will make any all such alterations, additions, or improvements in or to premises at the Premises without the prior written consent expense of LandlordTenant. Tenant, at its own cost and expense, may erect Tenant agrees that in making any such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, or improvements and partitions erected in occupying and using said premises, Tenant will comply with the Building Code and ordinance of the City, and all the laws of the State in which said premises are located, pertaining to such work and/or such use or occupancy; it being further agreed that any additions, alterations, or improvements made by Tenant (except only movable store and office furniture and fixtures and equipment affixed to the lease premises that is essential to Tenant’s business) shall become and remain a part of the building and be and remain the property of Tenant during Landlord upon the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the PremisesTenant's occupancy of said premises; provided, however, that the Landlord by giving written notice to Tenant at which the time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements consenting to the Premises will become part making of any such additions, alterations, or improvements may require Tenant to restore said premises to the same condition they were in immediately before the making of such additions, alterations, or improvements. The interest of the Premises upon installation Landlord shall not be subject to liens for improvements made by Tenant. ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇ will save harmless Landlord from and will remain in place at the expiration against all expenses, liens, claims, or damages to either property or person which may or might arise by reason of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing making of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlordsuch repairs, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installationsadditions, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderimprovements.

Appears in 1 contract

Sources: Lease Agreement (Oak Ridge Micro-Energy Inc)

Alterations. (a) Tenant shall not make any no alterations, additionsdecorations, additions or improvements in or to the Premises without the Landlord's prior written consent of consent, and then only by contractors or mechanics approved by Landlord. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by or pursuant to the direction and instruction of Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus, and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations and requirements of the Pacific Fire Rating Bureau, and of any similar body. Before commencing any work, Tenant shall give landlord at least five (5) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant, at its 's own cost and expense, may erect such shelvesa completion and lien indemnity bond, binssatisfactory to Landlord, machinery for said work. Tenant further covenants and trade fixtures as it desires provided agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (a10) such items do not overload or damage days after the same; (b) such items may be removed without injury filing thereof, at the cost and expense of Tenant. Landlord shall have the right at all times to post notices of non-responsibility on the Premises and record verified copies thereof in connection with all work of any kind upon the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additionsdecorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, draperies, floor coverings, built-in cabinet work, paneling and the likes shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as part thereof, upon expiration or sooner termination of the term of this Lease, except that Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the term, require Tenant to remove all partitions, counters, railings, and the like installed by or pursuant to the direction and instruction of Tenant, and Tenant shall repair the Premises or, at Landlord's option, shall pay to the Landlord all costs arising from such removal. (b) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions erected owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term of this Leaselease term when Tenant is not in default hereunder. All shelves, bins, machinery and trade fixtures installed by If Tenant shall be removed on or before the earlier fail to occur remove all of its effects from said Premises upon termination of the date of termination of this Lease or vacating the Premisesfor any cause whatsoever, Landlord may, at which its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession, or Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such prices as Landlord may obtain and apply the proceeds of such sale upon any amounts due under the Lease from Tenant shall restore to Landlord and upon the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements expense incident to the Premises will become part removal and sale of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcsaid effects.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Office Lease (Valuestar Corp)

Alterations. Tenant shall not make (or permit to be made) any alterationschange, additions, addition or improvements improvement to the Premises (including, without limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first–grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of Landlord, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such indemnification and/or bonds requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at such time and in such manner as Landlord may reasonably specify. All such alterations, improvements and additions (including all articles attached to the floor, wall or ceiling of the Premises) shall become the property of Landlord and shall, at Landlord’s election, be (i) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefor, or (ii) removed by Tenant, at its own cost and Tenant’s expense, with all damage caused by such removal repaired by Tenant. Tenant may erect such shelvesremove Tenant’s trade fixtures, binsoffice supplies, machinery movable office furniture and trade fixtures as it desires provided that (a) such items do equipment not overload or damage the same; (b) such items may be removed without injury attached to the Premises; and (c) the constructionBuilding, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier provided such removal is made prior to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt Term, no uncured Event of verification of good Default has occurred and workmanlike completion of Tenant promptly repairs all damage caused by such work in compliance with Landlord’s approvals removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all applicable legal requirementsliens, receipt of final lien waivers claims, damages, losses, liabilities and bills paid affidavits from all contractorsexpenses, and expiration of all applicable lien periods without the filing of any claim for mechanic’s including attorneys’ fees, which may arise out of, or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will connected in any way with, any such change, addition or improvement. Within ten (10) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderproper bond.

Appears in 1 contract

Sources: Lease Agreement (Overstock Com Inc)

Alterations. SEE ATTACHED ADDENDUM" Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof without the written consent of Landlord first had and obtained. Any alterations, additions, or improvements to or of said premises, including without limitation any partitions, movable or otherwise, and all carpeting, shall at once become a part of the Premises without the prior written consent of realty and belong to Landlord. Movable furniture, equipment and trade fixtures shall remain the property of Tenant. If Landlord consents to the making of any alterations, additions or improvements to the premises by Tenant, the same shall be made by Tenant at its own Tenant's sole cost and expense and any contractor or person selected by Tenant to make the same must first be approved of in writing by Landlord. Upon the expiration or sooner termination of the term Tenant, upon demand by Landlord, at Tenant's sole cost and expense, may erect such shelvesforthwith and with all due diligence shall remove any alterations, binsadditions or improvements made by Tenant designated by Landlord to be removed, machinery and trade fixtures as it desires provided that (a) such items do not overload or Tenant, forthwith and with all due diligence, at its sole cost and expense, shall repair any damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlordpremises caused by such removal. Tenant's specifications and requirements. All obligation to remove any alterations, additions, improvements improvements, fixtures and/or personal property and partitions erected by Tenant to repair any damage from such removal shall be and remain survive the property of Tenant during the Term termination of this Lease. All shelvesConstruction of the alterations, binsadditions, machinery and trade fixtures installed by Tenant or improvements shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed completed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation accordance with drawings and will remain specifications approved in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved advance in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed carried out in a good and workmanlike manner so manner, and shall comply with all applicable requirements of governmental authorities and such additional conditions as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderLandlord may reasonably impose.

Appears in 1 contract

Sources: Office Lease (Zebu)

Alterations. (A) Tenant shall not make obtain Landlord’s written approval for any alteration, addition or improvement proposed for the Premises prior to commencement of construction and shall construct all such alterations, additionsadditions or improvements in a good and workmanlike manner and in full compliance with the terms and conditions of any written approval by Landlord and all applicable zoning laws, building codes and any other applicable laws, rules, regulations or ordinances. All alterations, additions or improvements to the Premises without Premises, except movable furniture and equipment installed at the prior written consent expense of LandlordTenant shall become the property of Landlord upon the installation thereof, unless Landlord elects otherwise in writing, and at the expiration of this Lease shall be surrendered with the Premises. Any such alterations, additions or improvements, which Landlord shall determine must be removed at the end of the Term or the Option Term, as may be applicable, shall be removed by Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury prior to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination expiration of this Lease or vacating if this Lease is terminated before the Premisesexpiration date, then promptly upon such termination. Tenant shall be responsible for obtaining any and all permits or approvals for any alterations, additions or improvements, as may be required by law, and shall provide Landlord with copies of all such permits and approvals promptly upon receipt. (B) Prior to the commencement of any installation of alterations, additions or improvements in, at which time or near the Premises by Tenant, Tenant shall restore provide to Landlord a list of all contractors, subcontractors, sub-subcontractors and suppliers and, following the completion of any such work, Tenant shall furnish Landlord with signed affidavits releasing and waiving any and all liens against the Premises and the Shopping Center from each any every person or entity that provided labor, services or materials for such work. Tenant shall indemnify Landlord for any and all taxes, fees and/or penalties for which Landlord may be liable due to any failure by Tenant or any person or entity performing work at the Premises to their original conditionabide by the tax withholding requirements contained at N.J.S.A. 54A:7-1.2. (C) This Lease shall not be construed as authorizing any contract for alterations, additions or improvements pursuant to the Construction Lien Law, N.J.S.A. 2A:44A-1, et seq. Unless otherwise agreed in advanceAs such, any Tenant improvements construction liens filed by any person or entity for unpaid work or materials shall attach to Tenant’s leasehold interest in the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etconly.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Kenergy Scientific, Inc.)

Alterations. Tenant 1. Lessee shall not make or cause to be made any material alterations, additions, changes or improvements to the Premises without the prior written consent of LandlordLessor. Tenant, at its own cost and expense, may erect In the event lessor approves any such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, changes or improvements and partitions erected to the premises, such alterations, additions, changes or improvements will be performed at the sole expense of Lessee. Unless otherwise agreed upon in writing by Tenant shall be and remain lessor, at the property of Tenant during the Term termination of this Lease. All shelves, binsLessee shall, machinery if Lessor so elects, remove all alterations, additions or improvements erected by lessee and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation All such removals and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and restorations shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a good and workmanlike manner so as not to damage or alter and shall conform with the primary structure or structural qualities general quality and style of the building comprising a part Building. If Lessor does not elect to have Lessee make such removals, all alterations, additions or improvements made in or upon the Premises, either by Lessee or Lessor, shall be Lessor's property and shall remain upon the premises at the termination of the term of this Lease, by lapse of time or otherwise without compensation to Lessee. 2. Lessee shall keep the Premises free of any mechanic's lien or encumbrance due to Lessee's alterations, additions, removals or improvements. Lessee agrees to indemnify and hold Lessor or its assigns harmless from any liability resulting from all alterations, additions, changes or improvements performed on the Premises at the instance of Lessee. 3. Neither Lessee, nor any agent, employee or independent contractor of Lessee shall, under any circumstances, puncture, cut tear or create any opening in the roof, foundation or exterior wall structures for any reason, either by intent or accident. If the same occurs, Lessee shall be responsible for the immediate total cost and repair to place the structure back to its original condition. Lessee shall commerce repair within five (5) days of said damage and shall thereafter diligently and continuously proceed with such repair until completion. In the event said repair is not so commenced and completed, Lessor may, but is not obligated to, enter the Premises and other improvements situated on the Premisesconduct or complete said repair at Lessee's sole cost. No alterations contemplated Any expense so incurred by Tenant Lessor shall constitute Additional Rent hereunder and be due and payable within fifteen (15) days of receipt of a notice from Lessor as to the building comprising a part amount of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersaid expense.

Appears in 1 contract

Sources: Lease Agreement (Chestatee Bancshares Inc)

Alterations. Tenant shall further covenants that it will not make any alterations, additions, or improvements changes of any kind to the Premises Premises, without first securing the prior written consent of Landlord, after submission of the plans therefor to Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All Any alterations, additions, improvements and partitions erected by Tenant or changes as Landlord shall permit in writing shall be and remain the property of Tenant during the Term of this Leasemade at Tenant's expense. All shelvesAny such alterations, binsadditions, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premiseschanges will, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt Term, or the sooner termination thereof, become the property of verification Landlord; or, at Landlord's option, the Premises shall be restored to its former condition at the expense of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsTenant, receipt of final lien waivers and bills paid affidavits from all contractorsprovided, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements however, that Tenant shall have the prior written approval right, so long as Tenant is not in default, to remove any trade fixtures or other fixtures installed by Tenant; provided further that Tenant shall be responsible for repair of Landlordany damages to the freehold occasioned by the removal thereof. Tenant will, in making any alterations, additions, changes, or repairs, as well as in its use of the Premises, fully comply with all federal and State laws, City ordinances, and shall be performed by a reputable construction company approved in writing by Landlordregulations of all public authorities, and who shall carry such insurance and meet such other as well as the requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish workAssociation of Fire Underwriters, then before the finish work is added or similar governing insurance body, all at Tenant's expense. Tenant must (i) have covenants, at its own expense, promptly to comply with and do all inspections things required by the City, County any notice served upon it or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify upon Landlord in writing at least three (3) business days before commencement of the finish work relation to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way part thereof, from any public authority, if the same shall be a condition caused by Tenant's use of the Premises, or any alteration, addition, or change thereof. Tenant covenants that no liens shall attach to the occurrence Premises by virtue of any alterations, additions, or changes made by Tenant, and that if any such lien is filed, Tenant will cause the Commencement Date or commencement of Tenant’s rental payment obligations hereundersame to be removed within thirty (30) days.

Appears in 1 contract

Sources: Lease Agreement (Frozen Food Gift Group, Inc)

Alterations. Tenant shall (a) Lessee will not make or permit any alterations, additionsdecorations, additions or improvements improvements, structural or otherwise, in or to the Demised Premises or the Building, without the prior written consent of Landlord. TenantLessor, which consent may be conditioned, inter alia, upon Lessee's agreement to remove the same and restore the Demised Premises to its condition prior to the making of such alterations, at its own Lessee's sole cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload upon the expiration or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term sooner termination of this Lease. All shelvesalterations, binsdecorations, machinery and trade fixtures installed by Tenant additions or improvements, structural or otherwise, in or to the Demised Premises or the Building shall be removed on performed by Lessor's designated contractor. (b) If any mechanic's lien is filed against the Demised Premises, or before the earlier real property of which the Demised Premises are a part, for work claimed to occur have been done for, or materials claimed to have been furnished to, Lessee, such mechanic's lien shall be discharged by Lessee within ten (10) days thereafter, at Lessee's sole cost and expense, by the payment thereof or by filing any bond required by law. Lessee shall promptly inform Lessor upon receipt, by Lessee, of any notice of the date filing of any such mechanics lien(s). If Lessee shall fail to discharge any such mechanic's lien, Lessor may, at its option and without inquiring into the validity thereof discharge the same and treat the cost thereof as additional Rent payable with the monthly installment of Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Lessor shall not be deemed to waive, or release, the default of Lessee in not discharging the same. Lessee hereby covenants and agrees to defend, indemnify and hold Lessor, the Demised Premises and the property upon which the Demised Premises is constructed, harmless from and against any and all claims, damages, cost, expense, liability, liens and other detriment which they may suffer or which may arise by reason of the making of any such alterations, decorations, additions or improvements. If any such alteration, decoration, addition or improvement is made without the prior written consent of Lessor, Lessor may correct or remove the same, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. All alterations, decorations, additions or improvements in or to the Demised Premises made by either party shall immediately become the property of Lessor and shall remain upon and be surrendered with the Demised Premises as a part thereof at the end of the Lease Term without disturbance, molestation or injury; provided, however, that if Lessee is not in default in the performance of any of its obligations under this Lease, Lessee shall have the right to remove, prior to the expiration or termination of the Lease Term, movable furniture, furnishings or equipment installed in the Demised Premises at the expense of Lessee, so long as at all times the fair market value of the personal property of Lessee remaining upon the Demised Premises shall equal not less than one hundred fifty percent (150%) of the value of the remaining rental obligations of Lessee hereunder, and if such property of Lessee is not removed by Lessee prior to the expiration or termination of this Lease the same shall become the property of Lessor and shall be surrendered with the Demised Premises as a part thereof. Should the Lessor elect that alterations, decorations, and additions or improvements upon the Demised Premises be removed, upon termination of this Lease or vacating upon termination of any renewal period hereof, Lessee hereby agrees to cause same to be removed at Lessee's sole cost and expense and should Lessee fail to remove the Premisessame, at which time Tenant then and in such event, the Lessor shall restore the Premises cause same to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place be removed at the expiration of Lessee's expense and the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without Lessee hereby agrees to reimburse the filing of any claim Lessor for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection cost of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.removal

Appears in 1 contract

Sources: Deed of Lease (Abovenet Communications Inc)

Alterations. 6.2.1 Tenant shall not make any alterations or additions to the Premises nor make any contract therefor without first procuring Landlord's written consent. Any alterations, additions, or and improvements are to the Premises without the prior written consent of Landlord. be made at Tenant, at its own cost 's sole and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsseparate cost. All alterations, additions, and improvements and partitions erected made by Tenant to or upon the Premises, except light fixtures, signs, electrical equipment, cases, counters or other removable trade fixtures, shall at once when made or installed be deemed to have been attached to the Premises and remain to have become the property of Tenant during the Term Landlord; provided, however, if prior to termination of this Lease. All shelves, binsor within thirty (30) days thereafter, machinery and trade fixtures installed Landlord so directs by written notice to Tenant, Tenant shall be removed on or before at the earlier to occur of the date of termination of this Lease or vacating if notified within thirty (30) days thereafter, promptly remove the Premisesadditions, at improvements, fixtures, trade fixtures, floor covering and installations which time Tenant shall restore were placed in the Premises by Tenant and which are designated in said notice or which are to their original condition. Unless otherwise agreed be retained by Tenant and shall repair any damage occasioned by such removal; and in advancedefault thereof Landlord may effect said removal and repairs at Tenant's expense. 6.2.2 All work with respect to any alterations, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractorsadditions, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall changes must be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. 6.2.3 Any such changes, alterations and improvements shall be performed and done strictly in accordance with the laws and ordinances relating thereto. In performing the work of any such alterations, additions or changes or of any construction, Tenant shall have the work performed in such a manner as not to damage cause nuisance. 6.2.4 Before commencing any such construction in or alter about the primary structure or structural qualities Premises, Tenant shall notify Landlord in writing of the building comprising a part expected date of commencement thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord deems necessary to protect the Premises and Landlord from mechanics' liens, materialmen's liens, or any other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderliens.

Appears in 1 contract

Sources: Lease Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Alterations. (a) Tenant shall make all alterations, additions and improvements (hereinafter "Alterations") on the Leased Premises, and on. and to the improvements, parking areas, sidewalks, and equipment thereon, required by any governmental authority or which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, invites or any persons, firm or corporation, claiming by, through or under Tenant. Except as provided in the immediately preceding sentence, Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, or improvements other Alterations to the Leased Premises without the Landlord's prior written consent, which consent of Landlord. TenantLandlord may, at in its own cost and expensediscretion, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; withhold. (b) As to any Alterations which Tenant is required hereunder to perform or to which Landlord consents, and as to any repairs costing in excess of $5,000.00, and as to any replacements whatsoever, or as to any work performed pursuant to Article XVIII hereof, such items may work shall be removed without injury to the Premises; performed with now materials, in all good and (c) the constructionworkmanlike manner, erection or installation thereof complies strictly in accordance with plans and specifications therefor and approved in writing by Landlord and in accordance with all applicable governmental lawslaws and ordinances. Tenant shall, ordinancesprior to the commencement of such work, regulations and with deliver to Landlord copies of all required permits. At Landlord's specifications option (exercised by notice in writing from Landlord to Tenant given within ten (10) days after Landlord receives Tenant's plans and requirements. All alterationsspecifications), additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing employees of or contractors employed by Landlord, at Tenant's expense. Tenant shall permit Landlord to monitor construction operations in connection with such work, and who to restrict, as may reasonably be required, the passage of manpower and materials, and the conducting of construction activity in order to avoid unreasonable disruption to Landlord or to other parties or other damage to the Leased Premises. Tenant shall carry pay to Landlord, for Landlord's overhead in connection with performing or monitoring such insurance and meet work, a sum equal to ten percent (10%) of Tenant's costs for such other requirements work. Upon completion of any such work or on behalf o Tenant, Tenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work, and "as built" working drawings. In the event Tenant performs any work not in compliance with the provisions of this Section 9.2(b), Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to the performance thereof. If Tenant fails so to remove such work and restore the Leased Premises as aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of Landlord under his Lease, at law or in equity, enter the Leased Premises and perform said obligation of Tenant and Tenant shall specify. All invoices reimburse Landlord for improvements shall be available for inspection the cost to the Landlord thereof, immediately upon being billed therefor by Landlord. If any improvement work Such entry by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will Landlord shall not be readily subject to inspection upon completion deemed an eviction or disturbance of Tenant's use or possession of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Leased Premises nor render Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will liable in any way be a condition manner to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Industrial Building Lease (Amcraft Building Products Co Inc)

Alterations. Tenant Except for alterations that (i) are non-structural ----------- in nature; (ii) do not have an adverse and material impact upon the mechanical, electrical, plumbing or heating, ventilation and air conditioning systems and equipment incorporated into the Property Improvements; (iii) do not affect the exterior appearance of the Property Improvements; and (iv) do not cost in excess of Five Thousand Dollars ($5,000.00), Lessee shall make no alterations in or to the Premises, including the parking lots, driveways or open areas as located thereon, unless and until plans and specifications therefor and the contractors to be used have been approved by Lessor in writing which shall not make be unreasonably withheld, conditioned or delayed. Lessee may remove its trade fixtures, personal property and machinery prior to the expiration or earlier termination of this Lease, provided that Lessee repairs any alterations, additions, or improvements damage to the Premises without caused by such removal, ordinary wear and tear excepted. Nothing in this Lease shall, however, be construed to constitute the prior written consent of LandlordLessor to the creation of any lien, and no person shall be entitled to any lien on the Premises. TenantIn the event, at its own cost and expensedespite this provision, may erect a lien is placed thereon by an entity or person claiming under Lessee, Lessee shall cause such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may lien to be removed without injury or shall, immediately upon request of Lessor, provide a corporate surety bond satisfactory to the Premises; Lessor which shall save Lessor harmless under such lien and (c) the constructionfrom any interest, erection or installation thereof complies with costs and attorneys' fees incurred by Lessor in connection therewith. Lessee shall indemnify Lessor from any and all applicable governmental laws, ordinances, regulations costs and with Landlord's specifications and requirementsexpenses incurred by Lessor as a result of such liens. All approved installations, alterations, additions, additions or other improvements and partitions erected made by Tenant Lessee shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed made in a good and workmanlike manner so and after the initial move-in, by such contractors or mechanics as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated may be approved in writing by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderLessor.

Appears in 1 contract

Sources: Lease Agreement (Sight Resource Corp)

Alterations. Except as set forth on Exhibit "C" attached hereto, Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Leased Premises without the prior written consent of Landlord. by Tenant, the same shall be made by Tenant at its own Tenant's sole cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All such work with respect to any alterations, additions, improvements and partitions erected by Tenant changes shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to damage or alter the primary structure or structural qualities obstruct access to any portion of the building comprising Building. Any alterations, additions, or improvements to or of the Leased Premises, including, but not limited to, wallcovering, paneling, and built- in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the realty and shall be surrendered with the Leased Premises and other improvements situated on unless Landlord otherwise elects at the Premises. No alterations contemplated by Tenant to the building comprising a part end of the Premises term hereof. Notwithstanding the above, decorating items shall not require notice to, or Premises will in consent of Landlord. In the event Landlord does not respond to Tenant's written request for consent within ten (10) days, consent shall be deemed given. Landlord shall not charge any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersupervisory fee for alterations.

Appears in 1 contract

Sources: Lease Agreement (Tenfold Corp /Ut)

Alterations. Tenant Lessee shall not make any alteration in or additions to the premises, without Owner's advance written consent in each and every instance. Whenever such consent is sought and before any contract is let or any work is done or any materials are delivered on the premises, Lessee shall comply with Owner's request for plans, specifications, names and addresses or contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Owner against liens, costs, damages and expenses of all kinds, and Lessee shall permit Owner to supervise construction alterations. Owner's decision to refuse any consent shall be conclusive. Lessee shall pay the cost of all such installations, alterations and additions, if permitted by Owner in the expense of the maintenance and operation thereof. All installations, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and hardware non-trade fixtures as it desires provided that and improvements, temporary or permanent, in and upon the premises, whenever and whether placed there by Lessee or Owner, shall be and become Owner's property and shall remain upon the premises upon termination of the term by lapse of time or otherwise, all without compensation, allowance or credit to Lessee; provided, however, if prior to such termination or within ten (a10) such items do not overload or damage days thereafter, Owner so directs by notice, Lessee shall promptly remove the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterationsinstallations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelveshardware, bins, machinery and non-trade fixtures installed and improvements which were placed on the premises by Tenant Lessee and which are designated in the notice, failing which, Owner may remove the same and Lessee shall be removed on or before pay the earlier costs thereof. Any damage caused by Lessee to occur the premises by the removal of any of the date of termination of this Lease aforenamed items, or vacating the Premisesany other item, at which time Tenant shall will be repaired in such a way as to restore the Premises improvements to their original condition. Unless otherwise agreed in advance, any Tenant improvements condition prior to the Premises will become part installation of the Premises upon installation and will remain in place items removed, at Lessee's expense. If Lessee does not remove Lessee's furniture, window treatments, trade fixtures or other personal property of all kinds from the expiration premises prior to the end of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsterm, receipt of final lien waivers and bills paid affidavits from all contractorshowever ended, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and Lessee shall be performed conclusively presumed to have conveyed the same to Owner under this Lease as a Bill ▇▇ Sale without further payment or credit by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing Owner to be covered by finished walls, etcLessee.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Omega Health Systems Inc)

Alterations. A. Tenant shall not make make, or allow to be made, any alterations, physical additions, improvements or improvements partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises ("Alterations") without obtaining the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that which consent shall not be unreasonably withheld with respect to proposed Alterations which: (a) such items do not overload or damage the samecomply with all applicable Regulations; (b) are, in Landlord's opinion, compatible with the Building or the Project and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or Project or such items may systems to be removed required to be modified to comply with any Regulations (including, without injury to limitation, the PremisesAmericans With Disabilities Act); and (c) will not interfere with the constructionuse and occupancy of any other portion of the Building or Project by any other tenant or its' invitees. Specifically, erection but without limiting the generality of the foregoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or installation thereof complies subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a first-class, good and workmanlike manner, and to comply with all applicable governmental lawsRegulations end Paragraph 27 hereof. Tenant shall at Tenant's sole expense, ordinancesperform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant's obligations under this Paragraph 12. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, regulations including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications; Landlord shall provide Tenant with a response and/or consent to Alterations within ten (10) business days from receipt of the request from Tenant provided that Tenant has delivered all documents and information reasonably requested by Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant such Alterations shall be and remain the property of Tenant during until the Term expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord. In addition to and wholly apart from Tenant's obligation to pay Tenant's Proportionate Share of Operating Expenses, Tenant shall be responsible for and shall pay prior to delinquency any taxes or governmental service fees, possessory interest taxes, fees or charges in lieu of any such taxes, capital levies, or other charges imposed upon, levied with respect to or assessed against its fixtures or personal property, on the value of Alterations within the Premises, and on Tenant's interest pursuant to this Lease, or any increase in any of the foregoing based on such Alterations. To the extent that any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord. B. In compliance with Paragraph 27 hereof, at least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction if the law so provides, Tenant shall cause a timely notice of completion to be recorded, in the office of the recorder of the county in which the Building is located. C. Notwithstanding anything to the contrary contained in Paragraph 12.A, at the time Landlord gives its consent for any Alterations Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of this Lease. All shelves, bins, machinery and trade fixtures installed by If Landlord fails to so notified Tenant it shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to assumed that Landlord will require their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lienremoval. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a first-class and good and workmanlike manner so as not to cause any damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will Protect whatsoever. If Tenant falls to remove such Alterations or Tenant's trade fixtures or furniture or other Personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in any way be a condition to the occurrence of the Commencement Date or commencement of accordance with applicable law, at Tenant’s rental payment obligations hereunder's sole expense.

Appears in 1 contract

Sources: Sublease (Interwoven Inc)

Alterations. Tenant shall not Not make any alterations, additions, major or improvements structural additions or alterations to the Premises interior or any additions or alterations to the exterior of the leased premises without the LESSOR'S prior written consent of Landlord. Tenant(which consent shall not be unreasonably delayed or withheld), at its own cost and expensewhen such consent be given, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of cause all such work permitted additions and alterations to be done in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s liena good workmanlike manner. All improvements shall have the prior LESSOR'S written approval of LandlordLESSEE'S construction and/or remodeling Plans and Specifications furnished to LESSOR prior to the commencement of such work shall constitute LESSOR'S consent. LESSEE further agrees that, in undertaking any such additions or alterations, it shall obtain and pay for all permits from all public authorities, as may be required, pay all cost and expense arising from such undertaking, as well as for all damage occasioned in connection therewith; and LESSEE shall obtain and furnish satisfactory evidence of such additional insurance protecting LESSOR as LESSOR may reasonably request. LESSEE shall cause all permitted work to be done in accordance with the Plans and Specifications approved by LESSOR, and shall be performed by a reputable construction company approved in writing by Landlordsolely responsible to see that such Plans and Specifications comply with all building, fire and sanitary codes and regulations of governmental authorities having jurisdiction, and who any other such laws, codes and regulations, including the requirements and recommendations of LESSOR'S insurance underwriters, relative to such work. LESSEE understands that LESSOR'S approval of said Plans and Specifications as above provided for shall carry not in any manner be deemed or construed to be an indication or acknowledgment that same are in conformity with such insurance and meet such codes, regulations, laws, recommendations or other requirements as Landlord relating thereto. If LESSEE shall specifyinstall business fixtures and equipment, or construct partitions, soffits, lofts, shelves, or other improvements (including the installation or relocation of light fixtures) which overload utility lines or result in excessive spacing of sprinkler heads, or which obstruct or impede the sprinklers and/or operation thereof in any way, LESSEE shall, on demand and at its sole expense, make whatever changes are necessary including, but without limit to, the extending, addition, or lowering of sprinkler lines and heads to comply with the requirements or recommendations of LESSOR'S insurance underwriters and/or governmental authorities having jurisdiction thereof. All invoices for improvements such additions and alterations (including wall to wall carpeting) shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising become a part of the Premises realty which shall at LESSOR'S option, upon the termination or expiration of the lease term, remain with and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising be a part of the Premises or Premises will in any way premises for the benefit of LESSOR, and LESSOR shall be under no obligation to compensate LESSEE therefor. However, if directed by LESSOR, LESSEE at its sole expense shall remove all such additions and alterations, repair all damage occasioned by such removal, and restore the premises to as good a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderas when received, reasonable wear and tear, excepted.

Appears in 1 contract

Sources: Lease (Family Christian Stores Inc)

Alterations. Tenant shall not make any alterationsNo structural alteration, additionsaddition, improvement, service or improvements refinishing of or to the Premises exceeding $10.00 per square foot shall be made by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. TenantThe work described in the prior sentence, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury all other work to the Premises; and Premises by Tenant (ccollectively, “Alterations”) the construction, erection or installation thereof complies shall be performed strictly in accordance with all applicable building codes and governmental lawsauthority regulations and, ordinanceswhere required, regulations and with Landlord's specifications and requirementspursuant to validly issued permits required for such work. All alterationssuch Alterations, additions, additions or improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade any fixtures installed by Tenant shall be removed on become the property of Landlord upon the expiration or before the sooner termination of this Lease, provided that, unless Landlord provides otherwise in writing, prior to expiration or earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore remove: (1) all cabling installed by Tenant or on behalf of Tenant in the Premises to their original condition. Unless otherwise agreed in advance, and Building; and (2) any Tenant improvements items that were expressly identified by Landlord for removal at or prior to the Premises will become part time of approval of their installation, and Tenant shall repair any damage from removal. Tenant shall not permit any mechanics’ liens to be filed against the Building or Property or land on which it is located or against Tenant’s leasehold interest in the Premises upon installation and will remain in place at by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the expiration Premises through or under Tenant, whether prior or subsequent to the commencement of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlordhereof. If any improvement work by Tenant (or its contractors) is work that will such mechanics’ lien shall at any time be covered up by filed it shall constitute a default under the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcprovisions of this Lease.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (American Railcar Industries, Inc.)

Alterations. Tenant shall not make any alterationsNo remodeling, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additionsstructural changes, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of installations, nor any painting (hereinafter in this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier paragraph collectively referred to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and as "WORK") shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work or on Premises by Tenant (or its contractors) without Landlord's prior written consent. In the event said consent is work that will be covered up by the finish work involved in the particular project (i.e.given, electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration WORK shall be performed in a good and workmanlike manner by licensed contractors or workmen. Tenant shall carry and shall cause its contractors or workmen to carry such worker's compensation, general liability, personal and property damage insurance as Landlord amy ▇▇▇sonably require. Tenant is responsible for securing any necessary permits, and certificates of final approval thereof, and shall see that all WORK so as that it does not unreasonably interfere with the rights of other Tenants. Tenant shall not permit any Statement of Intention to damage Hold Mechanic's Lien, whether asserted under and pursuant to the Indiana Mechanic's Lien Laws or alter otherwise, to become attached to or filed against the primary structure real estate or structural qualities any part hereof nor against any interest or estate therein by reason of any labor, services, equipment or materials claims to have been performed or furnished to or for Tenant in connection with any WORK whether with or without Landlord's written approval. If such Statement of Intention to Hold Mechanic's Lien shall be filed, Landlord shall: (a) have the building comprising right to compel the prosecution of an action for the foreclosure of such Mechanic's Lien by the lienor. If such Statement of Intention to Hold a part Mechanic's Lien shall be filed and action commenced to foreclose the lien, Tenant upon demand by Landlord, within ten (10) days of receiving notice, shall cause the Premises lien to be released by filing of a written undertaking with a surety approved by the Court and other improvements situated on by obtaining an Order from the Premises. No alterations contemplated Court releasing the property from such a line; and/or (b) have the right, but no obligation to pay the amount of such lien to cause its release, and such amount shall be considered additional Rent to be paid to it by Tenant on demand, and subject to the building comprising provisions herein, with interest at eighteen percent (18%) per year, or the maximum amount then allowed by any Indiana Usury Laws, from the day of recording of lien. Nothing in the Lease shall be deemed or construed to constitute a part consent to or request to any party for the performance of any labor or services or the Premises or Premises will in furnishing of any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.materials for WORK for

Appears in 1 contract

Sources: Lease (First Shares Bancorp Inc)

Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make any alterations, installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises or any part thereof without the prior written consent of Landlord. Tenant; provided, at however, that Landlord shall not unreasonably withhold, condition or delay its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items consent to any of the same which do not overload affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or damage air conditioning systems serving either the same; (b) such items may be removed without injury to Building or the Premises; and . All Alterations in the Premises (c) the construction, erection whether installed with or installation thereof complies with all applicable governmental laws, ordinances, regulations and with without Landlord's specifications and requirements. All alterationsconsent), additions, improvements and partitions erected by Tenant shall be and at the election of Landlord remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore in the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to and be surrendered with the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals this Lease without disturbance, molestation or injury; further provided, however, that any and all applicable legal requirements, receipt manufacturing items or other items of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Tenant's personalty shall have the prior written approval of Landlord, remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property. (b) Landlord is delivering the Premises to Tenant in its "AS IS" condition, without any representation or warranty of any kind, express or implied, as to its condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant. (c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a reputable construction company contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved in writing by Landlord, and who Tenant shall carry deliver to Landlord certificates of all such insurance and meet such other requirements as Landlord shall specifyinsurance. All invoices for improvements shall be available for inspection by Landlord. If any improvement Tenant's work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good first-class and workmanlike manner so as lien-free manner. Tenant shall not to damage be Landlord's agent for purposes of this work and Tenant shall be solely responsible for any mechanics' or alter the primary structure materialmen's lien arising therefrom; Tenant shall pay, bond or structural qualities otherwise release of the building comprising a part record any such lien within ten (10) days after receiving notice of its existence. (d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and other improvements situated on shall not permit or suffer any lien to attach to the Premises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. No alterations contemplated Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to the building comprising a part be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises will and shall not encumber Landlord's interest in any way be a condition to the occurrence of Premises or the Commencement Date or commencement of Tenant’s rental payment obligations hereunderBuilding.

Appears in 1 contract

Sources: Lease (MPW Industrial Services Group Inc)

Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make any alterations, installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises or any part thereof without the prior written consent of the Landlord. Tenant; provided, at however, that Landlord shall not unreasonably withhold, condition or delay its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items consent to any of the same which do not overload affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or damage air conditioning systems serving either the same; (b) such items may be removed without injury to Building or the Premises; and . All Alterations in the Premises (c) the construction, erection whether installed with or installation thereof complies with all applicable governmental laws, ordinances, regulations and with without Landlord's specifications and requirements. All alterationsconsent), additions, improvements and partitions erected by Tenant shall be and at the election of Landlord remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore in the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to and be surrendered with the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals this Lease without disturbance, molestation or injury; further provided, however, that any and all applicable legal requirements, receipt manufacturing items or other items of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Tenant's personalty shall have the prior written approval of Landlord, remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property. (b) Landlord is delivering the Premises to Tenant in their "AS IS" condition, without any representation or warranty of any kind, express or implied, as to their condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant. (c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a reputable construction company contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved in writing by Landlord, and who Tenant shall carry deliver to Landlord certificates of all such insurance and meet such other requirements as Landlord shall specifyinsurance. All invoices for improvements shall be available for inspection by Landlord. If any improvement Tenant's work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good first-class and workmanlike manner so as lien-free manner. Tenant shall not to damage be Landlord's agent for purposes of this work and Tenant shall be solely responsible for any mechanics' or alter the primary structure materialmen's lien arising therefrom; Tenant shall pay, bond or structural qualities otherwise release of the building comprising a part record any such lien within ten (10) days after receiving notice of its existence. (d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and other improvements situated on shall not permit or suffer any lien to attach to the Premises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. No alterations contemplated Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to the building comprising a part be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises will and shall not encumber Landlord's interest in any way be a condition to the occurrence of Premises or the Commencement Date or commencement of Tenant’s rental payment obligations hereunderBuilding.

Appears in 1 contract

Sources: Lease Agreement (MPW Industrial Services Group Inc)

Alterations. Tenant shall not make (or permit to be made) any alterationschange, additions, addition or improvements improvement to the Premises (including, without limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of Landlord, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such indemnification and/or bonds as are requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at such time and in such manner as Landlord may reasonably specify. All such changes, improvements and additions (including all articles attached to the floor, wall or ceiling of the Premises, except for items such as office furniture and cubicles) shall become the property of Landlord and shall, at Landlord’s election, be (y) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefor, or (z) removed by Tenant, at its own cost and Tenant’s expense, with all damage caused by such removal properly repaired by Tenant. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may erect arise out of, or be connected in any way with, any such shelveschange, binsaddition or improvement. Within ten (10) days following the imposition of any lien resulting from any such change, machinery addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond. Tenant may remove Tenant’s trade fixtures, office supplies, movable office furniture and trade fixtures as it desires provided that (a) such items do equipment not overload or damage the same; (b) such items may be removed without injury attached to the Premises; and (c) the constructionBuilding, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier provided such removal is made prior to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt Term, no uncured Event of verification of good Default has occurred and workmanlike completion of Tenant promptly repairs all damage caused by such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcremoval.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Q Comm International Inc)

Alterations. Tenant shall a) Lessee will not make any material alterations, installations, changes, replacements, additions, or improvements improvements, structural or otherwise ("Alterations"), in or to the Demised Premises or the Building, or any parts thereof, without the prior written consent of LandlordLessor which consent shall not be unreasonably withheld except that if such Alterations affect the structure of the Building, its exterior components or the Building systems, Lessor may withhold its consent in its sole discretion. TenantLessee will provide Lessor with all plans, drawings and specifications for any such Alterations for Lessor's approval prior to undertaking any work and shall also deliver copies of all necessary permits for any such Alterations. Lessee agrees to obtain and deliver to Lessor written and unconditional waivers of mechanic's and materialmen's liens upon the Land, the Building and the Demised Premises for all work, labor and services performed and materials furnished by contractors, subcontractors, materialmen and laborers in connection with any such Alterations. If, however, any such materialmen's or mechanic's lien shall be filed against the Demised Premises, the Land, or the Building, such lien shall be discharged by lessee within thirty (30) days thereafter, at Lessee's sole expense, by the payment thereof or by filing of appropriate bond. If Lessee shall fail to discharge any such mechanic's or materialmen's lien, Lessor may, at its own option, discharge the same and treat the cost thereof as additional rent hereunder payable with the monthly installment of rent next becoming due; and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do discharge by Lessor shall not overload or damage be deemed to waive the default of Lessee in not discharging the same; . Lessee will indemnify and hold Lessor harmless from and against any and all reasonable expenses (including attorney's fees), liens, claims or damages to any person or property which may or might arise by reason of the making by Lessee of any Alterations. Lessor shall have the right to have the making of any Alterations supervised by its architects, contractors or workmen. All Alterations which affect or in any way relate to the mechanical, electrical, plumbing, heating, air conditioning, or structural systems of the Building shall be done only by Lessor or Lessor's contractor or agent at Lessee's reasonable expense. b) such items may be removed without injury All Alterations in or to the Premises; Demised Premises (whether with or without the Lessor's consent) shall remain upon the Demised Premises and (c) be surrendered with the construction, erection Demised Premises at the expiration or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term other termination of this Lease. All shelvesLease without disturbance, bins, machinery and trade fixtures installed by Tenant molestation or injury unless Lessor shall give no less than sixty (60) days written notice to Lessee prior to the Lease Termination Date that such Alterations shall be removed on and the Demised Premises restored. If Lessor elects that Alterations be removed upon the expiration or before the earlier to occur of the date of other termination of this Lease or vacating of any renewal period hereof, Lessee hereby agrees to cause same to be removed at Lessee's sole cost and expense, and should Lessee fail to remove the Premisessame, then and in such event Lessor shall cause same to be removed at Lessee's expense, and the Lessee hereby agrees to reimburse Lessor for the reasonable cost of such removal together with any and all damages which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part Lessor may suffer and sustain by reason of the Premises upon installation and will remain in place at failure of Lessee to remove the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcsame.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease (Medialink Worldwide Inc)

Alterations. 17.1 Tenant shall make no alterations, additions or improvements (hereinafter in this section, “improvements”) in or to the Premises, other than interior non-structural alterations, additions or improvements costing less than Fifty Thousand Dollars ($50,000) (“Permitted Alterations”), without notice to Landlord. For any alteration not make a Permitted Alteration, Tenant shall deliver notice to Landlord, with plans and specifications and working drawings for the improvements. 17.2 The improvements shall be constructed only by licensed contractors. Tenant shall cause any such contractor must have in force a general liability insurance policy of not less than $3,000,000, property damage insurance, and other insurance or at such higher limits as Landlord may reasonably require, which policy of insurance shall name Landlord, Landlord’s property manager and lender, as an additional insured. Except for the negligence or willful misconduct of Landlord’s Agents (as hereinafter defined), each contractor, and Tenant with respect to any activity of each contractor, shall indemnify defend and hold Landlord and Landlord’s Agents harmless from and against any and all claims, demands, liabilities, damages, actions, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees), to the extent arising out of or in connection with the presence on the Premises of, and the actions or failures to act of, such contractors or subcontractors. Tenant shall provide Landlord with the name of all contractors prior to the commencement of construction. Tenant shall maintain, and shall provide copies to Landlord of, all plans, specifications, drawings (including, particularly, “as-builts”) of any and all improvements, alterations, additions, renovations, repairs, installations of fixtures or improvements other equipment and the like for which as-built drawings are typically provided. Landlord shall be permitted to observe any and all such work by Tenant on the Premises without the prior written consent so long as Landlord does not interfere with or hinder any of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload ’s use or damage the same; (b) such items may be removed without injury to occupancy of the Premises; and (c) , or the work of construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected . 17.3 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain the property of fully operable at all times except when minimally necessary for building reconfiguration work. 17.4 Tenant during the Term of this Lease. All shelves, bins, machinery covenants and trade fixtures installed agrees that all work done by Tenant shall be removed performed and completed in substantial compliance with the plans and specifications and in compliance with all laws, rules, orders, ordinances, directions, regulations, permits, approvals, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in substantial compliance with the rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. 17.5 Before commencing any work (other than Permitted Alterations), Tenant shall give Landlord at least five (5) days’ prior written notice of the proposed commencement of such work. 17.6 All alterations, additions and improvements installed in, on or before the earlier to occur of the date of termination of this Lease or vacating about the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become be part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, Building and shall be performed by a reputable construction company approved in writing by the property of Landlord. 17.7 Notwithstanding anything herein to the contrary, upon the expiration or termination of the Lease term, Tenant shall surrender the Premises containing at least as much laboratory space as existed on the Premises on the Term Commencement Date, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that the laboratory space will be covered up by of substantially the finish work involved in the particular project (i.e.same character, electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspectionquality, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so utility as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated existed on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Term Commencement Date or commencement of Tenant’s rental payment obligations hereunderDate, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Purchase Agreement (Ligand Pharmaceuticals Inc)

Alterations. Tenant (a) The Lessee shall not make any alterationsnot, additions, or improvements to without first obtaining the Premises without the prior written consent of Landlordthe Lessor, which consent shall not be unreasonably withheld or delayed, make in the Apartment or Building, or on any roof, penthouse, terrace or balcony appurtenant thereto, any alteration, enclosure or addition or any alteration of or addition to the water, gas or steam risers or pipes, heating or air conditioning system or units, electrical conduits, wiring or outlets, plumbing fixtures, intercommunication or alarm system, or any other installation or facility in the Apartment or Building. Tenant, at its own cost The performance by Lessee of any work in the Apartment shall be in accordance with any applicable rules and expense, may erect such shelves, bins, machinery regulations of the Lessor and trade fixtures as it desires provided that (a) such items do governmental agencies having jurisdiction thereof. The Lessee shall not in any case install any appliances which will overload the existing wires or damage equipment in the same; Building. Anything herein or in subparagraph (b) such items may be removed without injury below to the Premises; and (c) contrary notwithstanding, the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All consent of the Lessor shall not be required for any of the foregoing alterations, enclosures or additions made by, or the removal of any additions, improvements and partitions erected by Tenant shall be and remain or fixtures from the property Apartment by, a holder of Tenant during Unsold Shares, but the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur consent only of the date of termination of this Lease Lessor's then managing agent will be sufficient, which consent shall not be unreasonably withheld or vacating delayed. Notwithstanding the Premisesforegoing, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s no alterations or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection made by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved a holder of Unsold Shares in the particular project public areas of the Building or in any apartment not leased to such holder of Unsold Shares without first obtaining the consent of the Lessor (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will which consent shall not be readily subject to inspection upon completion unreasonably withheld or delayed) and (if applicable) the lessee of such other apartment. While a holder of Unsold Shares maintains a majority of the finish workBoard of Directors, then before it shall make no additions, alterations, improvements or purchases not contemplated in the finish work is added Tenant must (i) have all inspections Plan which would necessitate a special assessment or a substantial increase in the monthly assessment unless required by a governmental agency, title insurance company, mortgage lender or in the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection event of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderemergency.

Appears in 1 contract

Sources: Proprietary Lease

Alterations. Tenant Lessee shall not make or permit to be made any alterations, additions, improvements and/or additions of any kind or improvements nature to the Demised Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation any part thereof complies with all applicable governmental laws, ordinances, regulations accept by and with Landlordthe approval of Lessor, which approval shall be in Lessor's specifications and requirementssole ownership discretion. All alterations, additions, improvements and partitions erected by Tenant additions to the Demised Premises shall be made in accordance with plans and remain the property of Tenant during the Term of this Leasespecifications prepared by Lessee and approved by Lessor and in accordance with all applicable building codes. All shelves, bins, machinery and trade fixtures installed The approval by Tenant shall be removed on or before the earlier to occur Lessor of the date plans and specifications shall not constitute the assumption of termination any liability on the part of Lessor for their compliance or conformity with applicable building codes and the requirements of this Lease or vacating the Premisesfor their accuracy, at which time Tenant and Lessee shall restore the Premises to their original conditionbe solely responsible for such plans and specifications. Unless otherwise agreed in advanceSuch alterations, any Tenant improvements and additions to the Demised Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so as not using first-quality materials and shall at once when made or installed be deemed to damage or alter have attached to the primary structure or structural qualities fee and to have become the property of Lessor and shall remain for the benefit of Lessor at the end of the building comprising a part Term, or other expiration of the Premises this Lease, in as good order and other improvements situated on the Premises. No alterations contemplated by Tenant condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within fifteen (15) days thereafter, Lessor so directs, Lessee shall promptly remove the alterations, improvements, additions, fixtures and installations which were placed in the Demised Premises by Lessee and which are designated in said notice and repair any damage occasioned by such removal and in default thereof, Lessor may effect said removals and repairs at Lessee's expense. In the event of making such alterations, improvements and/or additions as herein provided, Lessee shall protect, indemnify, save and hold harmless Lessor from all expense, liens, claims or damages to either persons or property arising out of, or resulting from the undertaking or making of such alterations, improvements and/or additions including, without limitation, mechanic's liens or other liens claimed or filed or building comprising a part of the Premises or Premises will in any way be a condition code violations attributable to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersuch work.

Appears in 1 contract

Sources: Retail Lease (5th Avenue Channel Corp)

Alterations. Tenant shall not make any alterationschanges, additions, improvements, alterations or improvements other physical changes to the Premises Demised Premises, the Building or any portions thereof, or any of the systems therein or thereon (referred to collectively as "Alterations" and singly as an "Alteration") without the prior written consent of LandlordOwner in each instance, and in the event that Owner grants such consent, such Alteration shall be made in compliance with all Legal Requirements and performed in a manner and at such times as Owner reasonably designates and such Alterations or installations shall not, in any event, interfere with the use and operation of the Building by Owner or any tenant, occupant or user thereof. TenantWithout limiting the aforesaid, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided Tenant agrees that (a) prior to any Alterations by Tenant or the installation of any of Tenant's equipment in the Demised Premises, Tenant shall submit detailed plans and specifications of the planned Alteration or installation to Owner for Owner's approval, provided that in no event will Owner's approval of such items do plans be deemed a representation that they comply with applicable Legal Requirements, and will not overload cause interference with communication operations of Owner, or damage any tenant, user or occupant of the same; Building and any such Alterations shall be made only in accordance with the plans and specifications approved by Owner, (b) such items may be removed without injury to all contractors performing any Alterations, modification or maintenance work on behalf of Tenant at the Premises; and (c) Demised Premises or in the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant Building shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier subject to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of LandlordOwner prior to the commencement of such work, and which approval shall not be unreasonably withheld. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Owner in connection therewith. Nothing in this Lease shall be performed construed in any way as constituting the consent or request of Owner, express or implied, by a reputable construction company approved in writing by Landlordinference or otherwise, and who shall carry to any contractor, subcontractor, laborer or material men, for the performance of any labor or the furnishing of any material for any specific Alteration to, or repair of, the Demised Premises, the Building, or any part thereof. Any mechanic's or other lien filed against the Building, or the Real Property, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or any person claiming through or under Tenant or based upon any act or omission or alleged act or omission of Tenant or any such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements person shall be available for inspection by Landlord. If any improvement work discharged by Tenant (by bond or its contractorsotherwise) is work that will be covered up by at Tenant's sole cost and expense, within twenty (20) days after the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection filing of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderlien.

Appears in 1 contract

Sources: Lease (Vizacom Inc)

Alterations. Tenant 24.01 The provisions of “ARTICLE XXIV” of the ▇▇▇▇▇▇▇▇▇ are deemed to be included herein and shall not make apply as between LANDLORD and TENANT hereunder as if the said “ARTICLE XXIV” were fully set forth herein as a direct obligation between LANDLORD and TENANT hereunder and any alterations, additions, or improvements obligations of the LANDLORD to the Premises without OVERLANDLORD shall be complied with by TENANT and OVERLANDLORD shall have any December 15, 2005 11 /s/JD Initial /s/ ju rights contained in the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury ▇▇▇▇▇▇▇▇▇ against TENANT with respect to the Demised Premises; . 24.02 In addition to and (c) not in limitation of paragraph “24.01” hereof, TENANT shall submit to LANDLORD for LANDLORD’S and/or OVERLANDLORD’S approval the construction, erection or installation thereof complies names of TENANT’S contractor who will be responsible for TENANT’S alterations. TENANT shall also deliver to LANDLORD prior to the commencement of any alterations a contract with all applicable governmental laws, ordinances, regulations TENANT’S contractor setting forth an accurate price for the alterations and with Landlord's specifications a Payment and requirementsPerformance Bond issued by a bonding company reasonably approved by LANDLORD and/or OVERLANDLORD guarantying the full performance of the work set forth on TENANT’S plans and full payment therefor. All alterations, additions, improvements and partitions erected by Tenant In the event that during the course of TENANT’S work there shall be and remain any modifications of said plans, all such modifications (to the property of Tenant during extent they increase the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant contract price) shall be removed on or before subject to LANDLORD’S and/or OVERLANDLORD’S prior review and approval and if they increase the earlier to occur contract price, there shall be an increase in the amount of the date of termination of this Lease Payment and Performance Bond or vacating in the Premisesalternative, at which time Tenant the Bond shall restore the Premises to their original condition. Unless otherwise agreed in advance, originally covered any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcchanges.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Cargo Connection Logistics Holding, Inc.)

Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises or Property without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding the aforesaid, Tenant, at Tenant’s sole cost and expense, may install trade fixtures as Tenant may deem necessary, so long as such trade fixtures do not penetrate or disturb the structural integrity and support provided by the roof, exterior walls or subfloors or require excavation of the floor slab or disturbance of column supports. All such trade fixtures shall be constructed and/or installed by insured contractors approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, in a good and workmanlike manner, and in compliance with all applicable all governmental, quasi-governmental and all applicable authorities laws, requirements, covenants, easements, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. In any event, Landlord approval shall not be unreasonably withheld, and shall be given within 10 business days of verified receipt of the complete request. If Landlord does not respond within 10 business days, then approval shall be deemed to have occurred. Tenant, at its own cost and expenseoption, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage obtain plans for installation of new windows in the same; (b) such items may be removed without injury front of the Premises. Any alterations to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier window openings are subject to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written sole reasonable approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so as not pursuant to damage or alter said approved plans. If the primary structure or structural qualities plans and pricing are agreed to by the Landlord, then each party shall bear 50% of the building comprising a part of the Premises cost and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderexpense.

Appears in 1 contract

Sources: Lease Agreement (Hemagen Diagnostics Inc)

Alterations. Tenant shall not Subtenant intends to make any certain alterations, additions, or improvements improvements, modifications and decorations to the Sublease Premises without (including, but not limited to, the prior written consent construction of Landlord. Tenanta large conference room, 3-4 private offices, paint, carpet, and modifications to the current mechanical and electrical systems required to make such improvements) (the “Planned Alterations”) at its own Subtenant’s sole cost and expense. Sublandlord hereby approves of the Planned Alterations as described in Exhibit C attached hereto, may erect provided, however, that Master Landlord also approves of such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may Planned Alterations. Subtenant shall be removed without injury responsible for preparation of working drawings prepared with respect to the Premises; Planned Alterations for review and (c) approval by Subtenant and Master Landlord. Subtenant shall also obtain Master Landlord’s approval for Planned Alterations at Subtenant’s sole cost and expense. If Sublandlord incurs any expense in attempting to obtain Master Landlord’s approval for the constructionPlanned Alterations or any other matter in which Master Landlord’s consent is required on Subtenant’s behalf, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant Subtenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original conditionpromptly reimburse Sublandlord for such expense. Unless otherwise agreed in advancewriting by Sublandlord and Subtenant, all such Planned Alterations that are a part of, or that are permanently affixed to, the Sublease Premises shall be installed at the sole cost and expense of Subtenant and shall become the property of Sublandlord and shall remain upon and be surrendered with the Sublease Premises at the end of the Term. Notwithstanding the foregoing sentence, if Master Landlord requires the removal of the Planned Alterations at the end of the Term, Subtenant shall be solely responsible for their removal and shall, at its sole cost and expense, repair any Tenant improvements damage caused to the Sublease Premises will become part by the removal of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcPlanned Alterations.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Sublease (Chinook Therapeutics, Inc.)

Alterations. Tenant shall not make any alterations, additions, improvements or improvements additions to the Premises nor make any contract therefore without the obtaining Landlord's prior written consent of Landlordconsent. TenantAs a condition to giving such consent, at its own cost and expense, landlord may erect require that Tenant remove any such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place additions at the expiration of the Term upon receipt term of verification of good this lease and workmanlike completion of to restore the Premises to the condition prior to making same provided that if Landlord does not so requires such removal then, to the extent not required, all such work in compliance with Landlord’s approvals and all applicable legal requirementsalterations, receipt of final lien waivers and bills paid affidavits from all contractorsadditions or improvements shall, and upon the expiration of all applicable lien periods without the filing term hereof, become the sole property of Landlord (excepting that in any claim for mechanic’s or materialman’s lien. All improvements event Tenant shall have the prior written approval of Landlord, be permitted and shall be performed by a reputable construction company approved in writing by Landlordremove its signs and trade fixtures). Before commencing any work relating to alterations, additions and who improvements affecting the Premises, Tenant shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work expected date of commencement thereof. Landlord shall then have the right at any time and from time to allow Landlord, if it so desires for its own protection, time to inspect post and maintain on the Premises such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so notices as not Landlord reasonably deems necessary to damage or alter the primary structure or structural qualities of the building comprising a part of protect the Premises and Landlord form mechanics' liens, material men's liens or any other improvements situated on liens. In any event, tenant shall pay when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises. No alterations contemplated by Tenant shall not permit any mechanics' or material men's liens to the building comprising a part of be levied against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises will in any way be a condition to by or at the occurrence of the Commencement Date or commencement direction of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Standard Form Industrial Lease (Intellisys Group Inc)

Alterations. Tenant shall not do any painting or decorating, or erect any partitions, make any alterations, additions, alterations in or improvements additions to the Premises or do any nailing, boring or screwing into the ceilings, walls or floors (hereinafter in this Section 11, the "Alterations") without the Landlord's prior written consent of Landlord. Tenant, at its own cost in each and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original conditionevery instance. Unless otherwise agreed by Landlord and Tenant in advancewriting, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of work on all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without Alterations shall be performed either by or under the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval direction of Landlord, and but at the cost of Tenant. Landlord's decision to refuse such consent shall be performed by a reputable construction company approved in writing by Landlordconclusive. However, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements Tenant shall be available for inspection by allowed to hang pictures and attach shelving to walls without Landlord's approval. If any improvement work by Landlord consents to such Alterations Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing shall furnish to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days for approval before commencement of the finish work or delivery of any materials onto the Premises or into the Building, the following: (a) all plans and specifications; (b) names and addresses of all contractors; (c) copies of all contracts; (d) all necessary permits; (e) an indemnification in form and amount satisfactory to allow Landlord and certificates of insurance from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with such Alterations. Whether Tenant furnishes Landlord the foregoing or not, Tenant hereby agrees to hold Landlord, its partners if it so desires any, and their respective agents and employees forever harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said Alterations. Any mechanic's lien filed against the Premises, the Building or the Site, for its own protectionwork or materials claimed to have been furnished to Tenant shall be discharged of record by Tenant within ten (10) days thereafter, to inspect such to-be-covered workat Tenant's expense. Upon completing any Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, installations, removals Alterations shall comply with all insurance requirements and restoration with all ordinances and regulations of any pertinent public authority. All Alterations shall be performed constructed in a good and workmanlike manner so and good grades of materials shall be used. All Alterations, upon the Premises, made by either party, including, without limitation, all paneling, decorations, partitions, railings, mezzanine floors, carpets, galleries, heating, air conditioning, plumbing, electrical machinery and equipment, and the like, shall, unless Landlord otherwise elects, which election shall be made by giving a notice in writing not less than three (3) days prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with said Premises as not to damage or alter a part thereof at the primary structure or structural qualities end of the building comprising a part term hereof. Furniture and movable trade fixtures, which are installed by Tenant at its expense, except for those referred to above, shall remain its property and may be removed at any time, prior to the termination of the Term provided Tenant is not then in default and further provided Tenant promptly repairs any damage caused by such removal. Any such trade fixtures which Tenant has the right to remove under the foregoing provisions, or personal property belonging to Tenant or to any invitee, assignee or subtenant, if not removed prior to such termination, shall be deemed abandoned and if Landlord so elects become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove any fixtures or property from the Premises and other improvements situated on store them at Tenant's sole risk and expense or dispose of them in any manner including the Premisessale, scrapping or destruction thereof and to the extent permitted by law Tenant waives all claims against Landlord therefor. No alterations contemplated Tenant shall repair and restore, and save Landlord forever harmless from any and all damage to the Premises caused by such removal, whether by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderby Landlord.

Appears in 1 contract

Sources: Lease (Cavalier Homes Inc)

Alterations. The Tenant shall not make any alterations, additions, or improvements to the Premises without the Landlord's prior written consent of which shall not be unreasonably withheld or delayed. The Tenant, at is own expense, shall obtain all necessary permits and provide the Landlord with copies before beginning any work. All work shall be performed by contractors designated by the Landlord. All materials used shall be identical to the original materials used to construct the Premises. The Tenant, at its own cost and expense, may erect such shelvesshall obtain a new certificate of occupancy or a certificate of approval, binsif necessary, machinery upon completion of any work and trade fixtures as it desires provided that shall thereafter provide the Landlord with a copy. At the end of the Term, or upon the rightful termination of this Lease, based on written instructions from the Landlord, WHICH SHALL BE GIVEN BY THE LANDLORD WITH ITS CONSENT FOR SUCH ALTERATIONS, ADDITIONS, OR IMPROVEMENTS TO THE PREMISES, the Tenant, at its own expense, shall either: (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All leave any alterations, additions, or, improvements and partitions erected by Tenant at the Premises, in which case they shall be and remain the property of Tenant during the Term of this Lease. All shelvesLandlord or (b) remove any alterations, binsadditions, machinery or improvements, and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition, excluding normal wear and tear. Unless otherwise agreed The Tenant shall promptly notify the Landlord of any lien or mechanic's notice of intention filed by a third party in advancerelation to work or materials for the Tenant's alterations, additions, or improvements. The Tenant, at its own expense, shall have any such lien or mechanic's notice of intention discharged within thirty (30) days from the date on which the Tenant improvements to the Premises will become part receives notice of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcfiling.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Aerobic Creations, Inc.)

Alterations. Tenant Except as provided in Section 11.1(c) below, Purchaser shall not make any alterations, additions, alterations or improvements repairs to the Premises or erect any structures on or near the Premises which may adversely affect the System or its access to Solar Insolation without the Provider’s prior written consent consent. If Purchaser wishes to make such alterations, repairs, or erection of Landlord. Tenantany structures, at its own cost and expensePurchaser shall give prior written notice to Provider, may erect such shelvessetting forth the work to be undertaken (except for emergency repairs, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items for which notice may be removed without injury given by telephone), and give Provider the opportunity to advise Purchaser in making such alterations, repairs or erection of any structures in a manner that avoids damage to the Premises; and System, but, notwithstanding any such advice, Purchaser shall be responsible for all damage (cincluding any adverse impact on the performance of the System or access to Solar Insolation) to the constructionSystem caused by such alterations, repairs, or erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsof any structures. All of Purchaser’s alterations, additions, improvements repairs and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing erection of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that structures will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so and in compliance with all Applicable Laws, codes and permits. Except as expressly permitted under this Master Agreement, Purchaser will not modify the System or affix or remove any accessory to damage the System. If Provider provides prior written consent to Purchaser to perform an alteration, repair or alter erection of any structures pursuant to this Section 7.2(h), and the primary structure or structural qualities delivery of Solar Output is reduced when compared to the Estimated Production amounts specified in Schedule 6 of the building comprising a part SPPA for any period of time during the performance of such alteration or repair work, Purchaser shall pay Provider: (1) the applicable kWh Rate for the pro-rata expected generation that would have been produced during such period, according to the Estimated Production amounts specified in Schedule 6 of the Premises SPPA; and other improvements situated on (2) the PremisesFair Market Value of any Environmental Attributes related to such pro-rata expected generation, as reasonably determined by Provider. No alterations contemplated by Tenant Notwithstanding anything herein to the building comprising a part of contrary, in no event shall Purchaser be permitted to make any alteration, repair or erect any structure to the Premises or Premises will in any way be a condition such that it causes an impairment to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderIncentives.

Appears in 1 contract

Sources: Solar Power Purchase Agreement

Alterations. Tenant USER shall not make any permanent alterations, additions or improvements (painting, building walls or structures, constructing improvements that would damage the Authorized Area upon removal of such improvements, installation of landscaping, etc.) to the Authorized Area or maintain signs or banners without, in each case, obtaining the consent of COUNTY. If any Alterations, additions, or improvements in or to the Authorized Area are made necessary by reason of the use of the Authorized Area by USER and, provided that COUNTY grants its prior permission to USER regarding such alterations, additions or improvements, USER agrees that it will make all such alterations, additions, and improvements in or to the Authorized Area at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or occupancy and in accordance with the requirements of COUNTY and its Facilities Department. In accordance with indemnification provision set out herein, USER agrees that it will hold COUNTY harmless against all expenses, liens, claims, and damages to either property or person that may or might arise because any repairs, alterations, additions, or improvements are made, except to the extent which results from COUNTY’s negligence or willful misconduct. USER agrees to restore, at USER's sole expense, the Authorized Area to the same condition as received, reasonable wear and tear excepted, upon the termination or expiration of this Agreement; provided, however, COUNTY may, in its sole discretion, choose to retain any alterations, additions, or improvements and not require USER to the Premises without the prior written consent of Landlordremove them. TenantFurthermore, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury USER agrees to the Premises; and (c) the construction, erection or installation thereof complies work cooperatively with all applicable governmental laws, ordinances, regulations and with LandlordCOUNTY's specifications and requirements. All Facilities Director in relation to any alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements repairs to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcAuthorized Area.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Authorized User Agreement

Alterations. Tenant Lessee shall make no changes in or to the demised Premises of any nature without Lessor's prior written consent. Subject to the prior written consent of Lessor, and to the provisions of this paragraph, Lessee at Lessee's expense, may make alterations, installations, additions or improvements which are non-structural and which do not make affect utility services or plumbing and electrical lines, in or to the interior of the demised Premises by using contractors or mechanics first approved by Lessor. All fixtures and all panelling, partitions, railing and like installations, installed in the Premises at any time, either by Lessee or Lessor on Lessee's behalf (including trade fixtures), shall become the property of Lessee and shall remain upon and be surrendered with the demised Premises unless Lessor, by notice to Lessee no later than twenty (20) days prior to the date fixed as the termination of this Lease, elects to have them removed by Lessee, in which event, the same shall be removed from the Premises by Lessee forthwith, at Lessee's expense. Upon removal from the Premises of any installations as may be required by Lessor, Lessee shall immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the demised Premises or the building due to such removal. All property permitted or required to be removed by Lessee at the end of the term remaining in the Premises after Lessee's removal shall be deemed abandoned and may, at the election of the Lessor, either be retained as Lessor's property or may be removed from the Premises by Lessee at Lessee's expense. Lessee shall, before making any alterations, additions, installations or improvements to the Premises without the prior written consent of Landlord. Tenantimprovements, at its own cost and expense, may erect such shelvesobtain all permits, bins, machinery approvals and trade fixtures as it desires provided that (a) such items do not overload certificates required by any governmental or damage the same; (b) such items may be removed without injury to the Premises; quasi-governmental bodies and (cupon completion) the construction, erection or installation certificates of final approval thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion deliver promptly duplicates of all such work in compliance with Landlord’s permits, approvals and certificates to Lessor and Lessee agrees to carry and will cause Lessee's contractors and sub-contractors to carry such worker's compensation, general liability, personal and property damage insurance as Lessor may require. Lessee agrees to obtain and deliver to Lessor, written and unconditional waivers of mechanic's liens upon the real property in which the demised Premises are located, for all applicable legal requirementswork, receipt of final lien waivers labor and bills paid affidavits from services to be performed and materials to be furnished in connection with such work, signed by all contractors, sub-contractors, materialmen and expiration laborers to become involved in such work. Notwithstanding the foregoing, if any mechanic's lien is filed against the demised Premises, or the building of all applicable lien periods without which the filing of any claim same forms a part, for mechanic’s work claimed to have been done for, or materialman’s lien. All improvements shall have materials furnished to, Lessee, whether or not done pursuant to this paragraph, the prior written approval of Landlord, and same shall be performed discharged by a reputable construction company approved in writing Lessee within ten (10) days thereafter, at Lessee's expense, by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection payment thereof or by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by filing the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections bond required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderlaw.

Appears in 1 contract

Sources: Sub Lease Agreement (Complete Wellness Centers Inc)

Alterations. Tenant The Lessee shall not make any alterations, additions, alterations in or improvements additions to the Premises premises without the prior Lessor's advance written consent of Landlordin each and every instance. Tenant, at its own cost and expense, may erect The Lessor's decision to refuse such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant consent shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlordconclusive. If any improvement work by Tenant (the Lessor consents to such alterations or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days additions before commencement of the finish work or delivery of any materials onto the premises or into the Building, the Lessee shall furnish the Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to allow LandlordLessor and waivers of lien against any and all claims, if it so desires for its own protectioncosts, to inspect such to-be-covered workALANORTH, L.L.C. OFFICE LEASE 1 damages, liabilities and expenses which may arise in connection with the alterations or additions. All alterations, installations, removals additions and restoration alterations shall be performed installed in a good and good, workmanlike manner so as not and only new, high-grade materials shall be used. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to damage hold the Lessor harmless from any and all liabilities of every kind and description which may arise out of or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will be connected in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Lessee shall furnish the Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring the Lessor against any and all liabilities which may arise out of or be a condition connected in any way with said additions or alterations. The Lessee shall pay the cost of all such alterations and additions and also the cost of decorating the premises occasioned by such alterations and additions. Upon completing any alterations or additions, the Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any department or agency thereof and with the requirements of all statutes and regulations of the State of Illinois or of any department or agency thereof. The Lessee shall permit the Lessor to supervise construction operations in connection with alterations or additions if the Lessor requests to do so. All additions, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon the premises, whether placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their removal, become the Lessor's property and shall remain upon the premises at the termination of this lease by lapse of time or otherwise without compensation or allowance or credit to the occurrence Lessee. If, upon the Lessor's request, the Lessee does not remove said additions, hardware, non-trade fixtures and improvements, the Lessor may remove the same and the Lessee shall pay the cost of such removal to the Lessor upon demand. The Lessee shall remove the Lessee's furniture, machinery, safe or safes, trade fixtures and other items of personal property of every kind and description from the premises prior to the end of the Commencement Date term, however ended. If not so removed, the Lessor may request their removal, and if the Lessee does not remove them, the Lessor may do so and the Lessee shall pay the cost of such removal to the Lessor upon demand. If the Lessor does not request their removal, all such items shall be conclusively presumed to have been conveyed by the Lessee to the Lessor under this lease as a ▇▇▇▇ of sale without further payment or commencement of Tenant’s rental payment obligations hereundercredit by the Lessor to the Lessee.

Appears in 1 contract

Sources: Office Lease (Alaron Com Holding Corp)

Alterations. Tenant shall not By executing this lease, Lessor evidences its approval of the plans, specifications and working drawings of the initial build-out plans of Lessee (Annexus C). Thereafter, Lessee agrees to make any no alterations, erections, additions, or improvements in or to the Demised Premises and not to place any fixtures in or on the Demised Premises without first obtaining the prior written consent of Landlordthe Lessor, which consent shall not be unreasonably withheld. TenantLessor's approval of the plans, at its own cost specifications and expenseworking drawings for Lessee's alterations shall create no responsibility or liability on the part of Lessor for their completeness, design sufficiency or compliance with all laws, rules and regulations of all governmental agencies or authorities. Lessee may erect such shelves, bins, machinery and trade remove all fixtures as it desires provided that (a) such items do not overload installs or damage the same; (b) such items may be removed without injury places in or attaches to the Demised Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant which removal shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner accomplished so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Demised Premises and other improvements situated shall be completed prior to the termination of this lease. All property remaining within the Leased Premises on the Premises. No alterations contemplated day next following the day this lease expires or terminates shall be deemed to be abandoned and the Lessor may dispose of such as Lessor chooses and all reasonable expense incurred by Tenant Lessor in disposing of such abandoned property within thirty (30) days following termination or expiration of this lease shall be repaid to Lessor by Lessee within thirty (30) days following the building comprising mailing of a part written statement of the Premises or Premises will in any way be a condition such by Lessor to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderLessee.

Appears in 1 contract

Sources: Lease Agreement (Champion Industries Inc)

Alterations. (a) Tenant shall not make any alterations, decorations, improvements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such alterations, interior decorations, improvements or additions made to the Premises or the attachment of any. fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant may (i) affix pictures and shelving to the walls and (ii) perform other minor cosmetic alterations to the Premises not exceeding Five Thousand and 00/100ths Dollars ($5,000.00) in the aggregate, without ▇▇▇▇▇▇▇▇’s consent. (b) All alterations, decorations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises. and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, decorations, improvements or additions, except trade fixtures installed by Tenant; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to the Premises caused by such removal. (c) In performing such alterations, decorations, improvements or additions, or improvements in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises without and the prior written consent Building and shall repair all damage or injury that may occur to the Premises or the Building. (d) ▇▇▇▇▇▇ agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. TenantAny contractors employed by Tenant shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. (e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at its own ▇▇▇▇▇▇’s sole cost and expense, may erect such shelvesall necessary permits, bins, machinery authorizations and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections licenses required by the City, County or other agency with various governmental authorities having jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on over the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Alterations. Except for the Tenant Improvements, Tenant shall not make any structural alterations, additions, additions or improvements (“Alteration”) in, on or to the Premises or any part thereof without delivering to Landlord the plans and specifications therefor and obtaining the express, prior written consent of Landlord. Landlord’s consent to an Alteration shall not be unreasonably withheld, conditioned or delayed. Any Alteration and all Tenant Improvements shall be made at Tenant, at its ’s own cost and expense, may erect such shelves, bins, machinery expense and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not by a contractor approved by Landlord, in accordance with all Legal Requirements and free from any claim or claims for construction liens, and Tenant shall indemnify and hold Landlord harmless from and against any and all claims, liens, costs and expenses on account of such work. At the request of Landlord, Tenant shall provide, prior to damage or alter the primary structure or structural qualities commencement of the work, a construction cost breakdown for such work certified to by the architect or contractor employed by Tenant to supervise such work, which breakdown shall show the total cost of such work and all component items thereof, and written evidence reasonably acceptable to Landlord of Tenant’s financial ability to pay for all such work in full. Tenant shall employ only such labor in performing said work or any other construction work in or about the Premises during the term as will not cause any conflict or controversy with any labor organization representing building comprising trades performing work for Landlord in or about the Building. Upon completion of any Alteration or Tenant Improvements, Tenant shall provide Landlord with a part copy of the as‑built plans and blueprints for the same, if applicable. Normal and customary decorating and redecorating of the Premises shall not require Landlord’s approval as long as Landlord has been provided reasonable notice and it does not affect Landlord’s operations, costs, fire safety, insurability, or use by other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundertenants and their customers, invitees, and agents.

Appears in 1 contract

Sources: Commercial Lease

Alterations. A. Tenant will not make or allow to be made any alterations, additions and improvements including, but not limited to, painting, in or to the Demised Premises without prior written consent of Landlord, which shall not be unreasonably withheld. Landlord may impose, as a condition to consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done as well as requiring Tenant to provide a completion bond. B. Any alterations, additions, or improvements made to the Demised Premises by Tenant shall not make be surrendered to Landlord and become the property of Landlord upon termination of this Lease. If prior to termination of this Lease, or within fifteen (15) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove any alterations, additions, or improvements improvements, placed in or on the Demised Premises by Tenant that are designated in said notice and shall repair any damage caused by such removal and in default thereof Landlord may effect said removals and repairs at Tenant’s expense. This clause shall not apply to the Premises without the prior written consent movable non-attached fixtures of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury . C. All work with respect to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, and improvements and partitions erected by Tenant shall must be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner and diligently prosecuted to completion. D. Any alterations, additions and improvements shall be completed strictly in accordance with the laws and ordinances relating thereto, and with the requirements of all carriers of insurance on the Demised Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. Tenant shall obtain, at its sole cost and expense, all required licenses and permits. In performing the work of any such alterations, additions or improvements, Tenant shall have the work performed in such a manner so as not to damage obstruct the access to the Building of any other tenant. E. Before commencing any work or alter construction in or about the primary structure or structural qualities Demised Premises, Tenant shall notify Landlord in writing of the building comprising expected date of commencement and completion thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Demised Premises such notices as Landlord deems necessary to protect the Building, the Demised Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors. ▇. ▇▇▇▇▇▇ has no authority to and shall not create any liens for labor or material on or against the Building, the Demised Premises or any interest therein. ▇▇▇▇▇▇ agrees to notify any materialman, supplier, contractor, mechanic, or laborer involved with work on the Demised Premises at Tenant’s request that they must look only to Tenant or ▇▇▇▇▇▇’s other property interests. All materialmen, suppliers, contractors, mechanics and laborers may be put on notice of this Section by the recordation, at Landlord’s option, of a part memorandum of this Lease in the Clerk’s Office of the Circuit Court of ▇▇▇▇▇▇▇▇▇▇ County, Virginia and Tenant shall promptly execute and acknowledge such a memorandum if requested to do so by Landlord. Tenant shall require from any and all materialmen, suppliers, contractors, mechanics, laborers and subcontractors that they deliver to Tenant duly executed waivers of lien with respect to Landlord’s interest prior to the commencement of any work thereon or in the Demised Premises. G. Notwithstanding the foregoing, if by reason of any construction, alteration, repair, labor performed, or materials furnished to the Demised Premises and for or on behalf of Tenant, any mechanic’s or other improvements situated on lien shall be filed, claimed, perfected or otherwise established as provided by laws against the Building or the Demised Premises, Tenant shall discharge or remove the lien by bonding or otherwise within fifteen (15) days after Tenant receives notice of the filing of same. No alterations contemplated by Nothing contained herein shall authorize Tenant to create any liens for labor or materials on or about Landlord’s interest in the building comprising a part of Building or the Demised Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderportion thereof.

Appears in 1 contract

Sources: Lease (New River Pharmaceuticals Inc)

Alterations. Tenant shall not make any no alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord and only in accordance with the requirements of Landlord’s Construction Manual. TenantNotwithstanding the foregoing, at its own cost and expenseafter notice to Landlord but without any requirement for Landlord’s consent, Tenant may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items perform cosmetic alterations in the Premises which do not overload affect the Building’s structure or damage base building systems and cost no more than Fifty Thousand and 00/100 Dollars ($50,000.00) in the same; (b) aggregate for a single project, provided such items may be removed without injury alterations are made in accordance with Landlord’s Construction Manual. Tenant shall obtain all state, local and other necessary permits before undertaking any such alterations, additions or improvements. Tenant shall carry such insurance as Landlord shall reasonably require. Any alterations, additions and improvements to the Premises; , except movable furniture and (c) the constructiontrade fixtures, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with shall belong to Landlord's specifications and requirements. All alterations, additions, improvements additions and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part shall be at Tenant’s sole cost. If any mechanic’s lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Building which is claimed to be attributable to Tenant, its agents, employees, contractors, or persons working under Tenant’s direction or control, then Tenant shall give Landlord immediate notice of such lien and shall discharge the same by payment or filing any necessary bond within ten (10) days after Tenant has notice (from any source) of such lien. Landlord’s approval of the Premises upon installation construction documents shall signify Landlord’s consent to the work shown thereon only and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Tenant shall be solely responsible for any errors or omissions contained therein. Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements under this Section 5.10 shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish workunreasonably withheld, then before the finish work is added Tenant must (i) have all inspections required by the City, County conditioned or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderdelayed.

Appears in 1 contract

Sources: Office Lease (Alliance Data Systems Corp)

Alterations. Tenant TENANT shall not make any alterations, additions, additions or improvements to the Demised Premises or to the adjacent dock (whether or not the same may be structural in nature) without the LANDLORD’S prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsconsent. All alterations, additions, or improvements made to the Demised Premises, except movable furniture and partitions erected by Tenant equipment installed at TENANT’S expense, shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery LANDLORD and trade fixtures installed by Tenant shall remain upon and be removed on or before surrendered with the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Demised Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt term of verification of good this Lease; provided, however, that LANDLORD may require TENANT to remove any additions made at TENANT’S request to the Demised Premises and workmanlike completion of all to repair any damage caused by such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractorsremoval, and provide further, that if TENANT has not removed its property and equipment within ten (10) days after the expiration or termination of all applicable lien periods without this Lease, LANDLORD may elect to retain the filing of any claim for mechanic’s or materialman’s liensame as abandoned property. All improvements In the event TENANT shall have the prior written approval of Landlordrequest LANDLORD’S permission, and LANDLORD shall be performed by a reputable construction company approved in writing by Landlordpermit TENANT to perform any alterations, and who additions, improvements or repairs to the Demised Premises, TENANT shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by submit its plans and specifications to LANDLORD for its approval prior to the City, County or other agency with jurisdiction performed without violation notedcommencement of any construction, (ii) obtain inspection all necessary permits prior to the commencement of such to-be-covered work by an independent third-party architect who shall document such inspectionany construction, and (iii) before performing only use contractors approved by LANDLORD, (iv) not permit any construction liens to be placed or remain on the finish Demised Premises. In the event a construction lien shall be filed against the Demised Premises as a result of work that will cover undertaken by TENANT, TENANT shall within ten (10) days of receiving notice of such other worklien, notify Landlord in writing at least three (3) business days before commencement discharge the lien of record either by payment of the finish work indebtedness to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workthe lien claimant or by filing a bond as security therefore. All alterations, installations, removals and restoration such work made by or on behalf of TENANT shall be performed in a such manner as LANDLORD may designate and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the same. All such work by TENANT or its contractors shall not interfere with, impede or delay any work by LANDLORD or its contractors, tenants or TENANT’S contractors. All contractors engaged by TENANT shall be bondable, licensed contractors, possessing good labor relations, and workmanlike manner so as not to damage or alter the primary structure or structural qualities capable of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderperforming quality workmanship.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Tenant will not, without Landlord's prior written consent, make alterations, additions or improvements in or about the Premises and will not do anything to or on the Premises which will increase the rate of fire insurance on the Building. Landlord's consent to such alterations, additions or improvements shall not be unreasonably withheld or delayed, but may be conditioned, for example, upon Tenant's removal of the proposed alteration, addition or improvement upon the termination or expiration of this Lease, at Tenant's sole cost and expense and Tenant's obligation to repair any damage to the Building or the Premises caused by said removal. It is expressly understood and agreed that, other than the Tenant Buildout, Landlord is not requiring Tenant to make any alterations, additions, or such improvements to the Premises, and Landlord and Tenant agree that no improvements by Tenant shall be deemed "Improvements," within the meaning of the Florida Construction Lien Law. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the improvement of the Premises without shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the prior written consent of Landlord. TenantBuilding or the Property to any claim for construction, at its own cost mechanics', laborers' and expensematerialmen's liens, and all persons dealing directly or indirectly with Tenant may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury look to the Premises as security for payment. Landlord has recorded a notice of the foregoing in the Public Records of Palm Beach County, Florida, pursuant to the provisions of Section 713.10, Florida Statutes. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such additions, improvements, alterations and/or installations by Tenant. Tenant shall with regard to all improvements and alterations made to or about the Premises; and (c) , excluding the constructionTenant Buildout, erection or installation thereof complies comply with all applicable governmental laws, ordinancesthe building codes, regulations and with Landlord's specifications and requirementslaws now or hereafter to be made or enforced in the municipality, county and/or state which have jurisdiction over such work. All alterations, additions, additions or improvements and partitions erected of a permanent nature made or installed by Tenant to the Premises shall be and remain become the property of Tenant during Landlord at the Term expiration of this Lease. All shelvesPrior to making any alterations, binsincluding the Tenant Buildout, machinery Tenant (i) shall submit to Landlord detailed plans and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premisesspecifications (including layout, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advancearchitectural, any Tenant improvements to the Premises will become part of the Premises upon installation mechanical and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work structural drawings) for each proposed alteration drawn in compliance with Landlord’s approvals and all applicable legal requirementscodes, receipt of final lien waivers ordinances and bills paid affidavits from all contractors, laws and expiration of all applicable lien periods shall not commence any such alteration without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior first obtaining Landlord's written approval of such plans and specifications, it being understood that Landlord, 's approval of such plans and specifications shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of deemed a warranty or representation by Landlord that the finish workplans and specifications for such Tenant Buildout and alterations comply with applicable codes, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation notedordinances and laws, (ii) shall, at its expense, obtain inspection of all permits, approvals and certificates required by any government or quasi-governmental bodies and, for all such to-be-covered alterations other than the Tenant Buildout which shall be supervised by Landlord, ensure that all work is performed in strict accordance with the plans and specifications approved by an independent third-party architect who shall document such inspectionLandlord, and (iii) before performing the finish work that will cover shall furnish to Landlord evidence of insurance for worker's compensation (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may require, naming Landlord and its agents as additional insureds. Upon completion of any such alteration other workthan Tenant Buildout, notify Landlord in writing Tenant, at least three (3) business days before commencement of the finish work Tenant's expense, and with respect to allow Tenant Buildout, Landlord, at Tenant's expense, shall obtain certificates of final approval of such alteration required by any governmental or quasi-governmental bodies, if it so desires for its own protectionapplicable, to inspect such to-and shall furnish Landlord or Tenant, as the case may be-covered work, with copies thereof. All alterations, installations, removals and restoration alterations shall be performed constructed in a good and good, workmanlike manner so as not and strictly conform to damage the plans and specifications approved by Landlord; shall be of a quality that equals or alter exceeds the primary structure or structural qualities of then current standard for the building comprising a part of Building; all materials and equipment to be incorporated in the Premises as a result of all alterations shall be new and other improvements situated on the Premisesfirst quality; and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except as provided in Paragraph 11F hereof. No Landlord, at its option, may require Tenant to remove any additions installed by Tenant and/or repair any alterations contemplated made by Tenant to the building comprising a part Premises, at Tenant's sole cost and expense, if such physical additions and/or alteration (i) were not pre-approved by Landlord in accordance with the provisions of this Subparagraph B; or (ii) the contractor performing such work was not approved of by Landlord in accordance with the provisions of Subparagraph 7D below; or (iii) with respect to alterations other than the Tenant Buildout, the quality of workmanship and/or quality of materials utilized in connection with such work do not comply with the standards set forth in this Subparagraph B; or (iv) with respect to such alterations other than the Tenant Buildout such work was not performed substantially in accordance with the plans and specifications approved by Landlord. If Landlord elects to require that Tenant remove any such additions or repair any such alterations in accordance with the prior paragraph, Tenant shall do so within thirty (30) days of the Premises date Landlord gives Tenant Notice of Landlord's election. If Tenant fails to correct such matters within said thirty (30) day period, Landlord, may, but shall not be obligated to, remove such additions and/or repair such alterations and Tenant shall reimburse Landlord for all costs therefor, plus fifteen percent (15%) to reimburse Landlord for its overhead and construction management services associated therewith. Tenant shall not, at any time prior to or Premises during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any alteration or otherwise, if such employment will unreasonably interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in any way be a condition to the occurrence construction, maintenance or operation of the Commencement Date Building by Landlord, Tenant or commencement others. In the event of any such unreasonable interference or material conflict, Tenant’s rental payment obligations hereunder, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately. All alterations to which Landlord has consented shall be at Tenant's sole cost and expense, unless such alterations are Tenant Buildout for which a Buildout Allowance (defined below) shall be paid.

Appears in 1 contract

Sources: Office Lease Agreement (Capital Factors Holdings Inc)

Alterations. Tenant Lessee shall maintain Leased Premises and every part thereof in good repair and condition, damage thereto by fire, windstorm, Acts of God, or the elements excepted. Lessee shall not make or suffer to be made any alterations, additions, or improvements to or of the Leased Premises or any part thereof without the prior written consent of LandlordLessor. TenantIn the event Lessor consents to the proposed alterations, additions or improvements, the same shall be at its own the Lessee's cost and expense and Lessee shall hold the Lessor harmless on account of the cost thereof. Any such alterations shall be made at such times and in such mariner as not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the building by the other tenants thereof If required by Lessor, such alterations shall be removed by Lessee upon the expiration or sooner termination of the term of this Lease and Lessee shall repair damage to the premises caused by such removal, all at Lessee's cost and expense, may erect Lessee shall be liable for injuries sustained during the installation, existence or removal of same. Lessee agrees not to suffer or permit any lien of any mechanic or materialman to be placed or filed against the Project or the Leased Premises. in case any such shelveslien shall be filed, binsLessee shall immediately satisfy and release such hen of record. If Lessee shall fail to have such lien immediately satisfied and released of record, machinery and trade fixtures Lessor may, on behalf of Lessee, without being responsible for making any investigation as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; validity thereof, pay the amount of said lien and (c) Lessee shall promptly reimburse Lessor therefor. Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Lessee, operation of law or otherwise, to attach or to be placed upon Lessor's title or interest in the constructionProperty, erection or installation thereof complies with and any and all applicable governmental laws, ordinances, regulations liens and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected encumbrances created by Tenant Lessee shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier attached to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcLessee's leasehold interest only.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Universal Beverages Holdings Corp)

Alterations. Tenant shall not make any no alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord and only in accordance with complete construction documents approved in advance by Landlord. Notwithstanding the foregoing, after notice to Landlord but without any requirement for Landlord’s consent (except in connection with approval of Tenant’s contractors), at its own cost and expense, Tenant may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items perform cosmetic alterations in the Premises which do not overload affect the Building’s structure or damage base building systems and costs no more than fifty thousand dollars ($50,000.00) in the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsaggregate for a single project. All such alterations, additionsadditions and improvements shall be done only by contractors approved in advance by Landlord. Tenant shall obtain all necessary permits before undertaking any such alterations, additions or improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet obtain such other requirements payment, performance and ▇▇▇▇ ▇▇▇▇▇ as Landlord shall specifyreasonably require. All invoices for Any alterations, additions and improvements to the Premises, except movable furniture and trade fixtures, shall be available for inspection by Landlord. If any improvement work by Tenant (belong to Landlord upon the expiration or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion early termination of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workLease. All alterations, installations, removals additions and restoration improvements to the Premises shall be performed in a good at Tenant’s sole cost. If any mechanic’s lien (which term shall include all similar liens relating to the furnishing of labor and workmanlike manner so as not materials) is filed against the Building which is claimed to damage be attributable to Tenant, its agents, employees or alter contractors, Tenant shall give immediate notice of such lien to Landlord and shall discharge the primary structure same by payment or structural qualities filing any necessary bond within 10 days after Tenant has notice (from any source) of such lien. Landlord’s approval of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant construction documents shall signify Landlord’s consent to the building comprising a part of the Premises work shown thereon only and Tenant shall be solely responsible for any errors or Premises will in any way omissions contained therein. Landlord’s consents and approvals under this Section 5.9 shall not be a condition to the occurrence of the Commencement Date unreasonably withheld or commencement of Tenant’s rental payment obligations hereunderdelayed.

Appears in 1 contract

Sources: Sublease (BG Medicine, Inc.)

Alterations. Except as set forth on Exhibit "C" attached hereto, Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises without first obtaining Landlord's written approval. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Leased Premises without the prior written consent of Landlord. by Tenant, the same shall be made by Tenant at its own Tenant's sole cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All such work with respect to any alterations, additions, improvements and partitions erected by Tenant changes shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to damage or alter the primary structure or structural qualities obstruct access to any portion of the building comprising Building. Any alterations, additions, or improvements to or of the Leased Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the realty and shall be surrendered with the Premises and other improvements situated on unless Landlord otherwise elects at the Premises. No alterations contemplated by Tenant to the building comprising a part end of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderterm hereof.

Appears in 1 contract

Sources: Lease Agreement (Pacific Webworks Inc)

Alterations. (a) Tenant shall not make any no alterations, additions, additions or improvements in or to the Premises without the Landlord's prior written consent consent, and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access of mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. TenantAll such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, at its own cost rules, orders, ordinances, directions, regulations and expenserequirements of all governmental agencies, may erect such shelvesoffices, binsdepartments, bureaus and boards (b) All articles of personal property and all business and trade fixtures, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; equipment, furniture and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and movable partitions erected owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant any time during the Term of this Leaselease term. All shelves, bins, machinery and trade fixtures installed by If Tenant shall be removed on or before the earlier fail to occur remove all of the date of its effects from said premises upon termination of this Lease or vacating the Premisesfor any cause whatsoever, Landlord may, at which its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay storage charges on such effects for any length of time that the same shall be in Landlord's possession, or Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant shall restore to landlord and upon the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements expense incident to the Premises will become part removal and sale of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcsaid effects.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Office Space Lease (Acubid Com Inc)

Alterations. Tenant shall not make or suffer to be made any alterations, additions, additions or improvements to the Premises without the ("Alterations"), except as expressly provided in this Section 9. If Tenant desires any Alteration, Tenant must obtain Landlord's prior written consent approval of Landlordsuch Alteration, which approval shall not be unreasonably withheld or delayed. The Alteration shall be made at Tenant, at its own 's sole cost and expenseexpense by a general contractor approved in writing by Landlord in advance and Tenant shall pay Landlord on demand or prior to or during the course of such construction a reasonable amount determined by Landlord to compensate Landlord for its review of the proposed Alteration (which shall not exceed $500.00) and for other reasonable direct and indirect expenses incurred by Landlord or Landlord's agents in connection with the Alteration (e.g., may erect freight elevator operation, additional cleaning expenses and additional security expenses). All such shelveswork shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies shall comply with all applicable governmental laws, ordinances, regulations laws and with Landlord's specifications and requirementsconstruction procedures for the Building. All alterationsIn no event shall Tenant employ any person, additions, improvements and partitions erected entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to the Section 9 or separate instrument) shall be and remain entitle Landlord to all the property same remedies as for non-payment of Tenant during the Term of rent under this Lease. All shelvesAny Alterations, binsincluding, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premiseswithout limitation, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements movable partitions that are affixed to the Premises will (but excluding movable, free standing partitions) and all carpeting, shall at once become part of the Premises upon installation Building and will remain in place at the expiration property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without date the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work Alteration is added to commence. Landlord may post and record an appropriate notice of non-responsibility with respect to any Alteration and Tenant must (i) have all inspections required shall maintain any such notices posted by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Xybernaut Corp)

Alterations. a. Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord's prior written consent *, and then only by contractors or mechanics approved by Landlord; such consents and approvals by Landlord shall not be unreasonably withheld or delayed. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement and Landlord agrees to cooperate in obtaining any such consent or approval. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Office, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if required by Landlord - secure at Tenant's own *unless such alterations, additions, or improvements to the Premises without the prior written consent are less than a cost of Landlord. Tenant, at its own cost Five Thousand and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.No/100 Dollars

Appears in 1 contract

Sources: Office Building Lease (Stac Inc)

Alterations. Tenant a. Sublessee shall make no structural alterations, additions or improvements in or to the Leased Premises without Sublessor’s prior written consent which consent shall not make be unreasonably withheld, conditioned or delayed. In the event that Sublessee makes any alterations, additionsadditions or improvements, they shall be made at Sublessee’s sole expenses, and Sublessee shall, before making any such installations, alterations, additions or improvements, obtain all permits, approvals and certificates required by any governmental body or agency, and certificates of final approval thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Sublessor. Sublessee agrees to carry, such workers’ compensations, general liability, personal and property damage insurance as Sublessor may require subject to Paragraph 13 below. Sublessee shall compensate Sublessor for Sublessor‘s reasonable out of pocket expenses in reviewing any plans and/or specifications for any proposed alteration, addition, or improvement, whether or not Sublessor consents to the making of same if Sublessor’s consent is required. Sublessee shall have the right, at any time and from time to time during the term of this Sublease Agreement, without notice to Sublessor and without the obligation to obtain Sublessor’s consent or approval, or the consent or approval of the Agency, the Bondholder or any other third party, to make non-structural alterations, additions and improvements to the Leased Premises without so long as the prior written consent same does not (i) damage the basic structure ‘_of Landlordthe building or (ii) materially decrease the value of the Leased Premises as a whole. b. Sublessee has no authority or power to cause or permit any lien or encumbrance, whether created by act of Sublessee, operation of law or otherwise, to be attached to or be placed upon the Leased Premises. TenantAny lien or claim of lien filed against the Lease Premises for work claimed to have been done for, or for materials claimed to have been furnished to, shall, within twenty (20) days thereafter, be discharged by Sublessee, or, at the discretion of Sublessee, be bonded pursuant to [the New York Lien Law, at Sublessee’s expense (but only if permitted by Mgrtgage the “Security Documents and any other mortgage which may encumber the Property). If Sublessee fails to discharge (or, if permitted, bond) any such liens, then Sublessor may, at its own cost option, bond or discharge such lien, and expense, may erect the costs incurred by it in such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload discharge or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant bonding shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed due from Sublessee on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, demand and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant bear interest at ten Percent (or its contractors10%) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcper annum.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Sublease Agreement (Trinity Biotech PLC)

Alterations. Tenant Additions and Improvements Lessee shall not make any alterations, additions, or improvements on or to the Premises premises without first obtaining the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld. TenantAny work, performed by Lessee shall be at its own cost and Lessee's expense, may erect such shelvesand Lessee shall use contractors or mechanics first approved by Lessor, bins, machinery and trade fixtures as it desires provided that (a) such items do which approval shall not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsunreasonably withheld. All alterationsfixtures and all paneling, additionspartitions, improvements railing and partitions erected like installations, installed in the premises at any time by Tenant shall be and remain Lessee shall, upon installation, become the property of Tenant during Lessor and shall remain upon and be surrendered with the Term leased premises unless Lessor, by notice to Lessee no later than twenty days prior to the date fixed as the termination of this the Lease. All shelves, binselects to relinquish Lessor's rights thereto and to have them removed by Lessee, machinery and trade fixtures installed by Tenant in which event, the same shall be removed from the premises by Lessee on or before the earlier to occur expiration of the date of termination of this Lease or vacating the PremisesLease, at which time Tenant Lessee's expense. Nothing contained in this provision shall restore prevent Lessee from removing all office furniture or machines, equipment, and trade fixtures customarily used in the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part business of the Premises upon installation and will remain in place Lessee. Notwithstanding the foregoing, at the expiration of the Term upon receipt term of verification of good this Lease, any alterations, additions or improvements shall be removed at Lessee's expense, if so requested by Lessor, and workmanlike completion of Lessee shall repair and restore any damage to the leased premises or the building due to such removal. Lessee agrees that all such work performed under this Article 12 shall be in compliance with Landlord’s approvals and all applicable legal requirementslaws, receipt of final lien waivers and bills paid affidavits from including all contractorsapplicable laws, regulations, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion codes of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or City of Norwalk and any other agency governmental entity with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing over the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderpremises.

Appears in 1 contract

Sources: Lease Agreement (Futech Interactive Products Inc)

Alterations. Tenant 12.01 LESSEE shall not make do or permit others under its control to do any alterationswork on the LEASED PREMISES related to any repair, additionsrebuilding, alteration of or improvements addition to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become constituting part of the Premises upon installation LEASED PREMISES unless (1) LESSEE shall have first procured and will remain in place at paid for all requisite municipal and other governmental permits and authorizations and (2) except for alterations which cost less than S25,000 and do not affect the expiration structure of the Term upon receipt LEASED PREMISES, shall have first procured LESSOR's prior written consent, which consent shall not be unreasonably withheld. If LESSOR consents to the doing of verification of good and workmanlike completion of all any such work on the LEASED PREMISES, LESSOR shall join in compliance with Landlord’s approvals the application of any such permit or authorization whenever required, but LESSEE shall indemnify and all applicable legal requirements, receipt of final lien waivers hold LESSOR harmless against and bills paid affidavits from all contractors, costs and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lienexpenses which may be thereby incurred by LESSOR. All improvements shall have the prior written approval of Landlord, and such work shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so as and in compliance with all applicable building, zoning and other laws, ordinances, governmental regulations and requirements and in accordance with the reasonable requirements, rules and regulations of all insurers under the policies required to be carried by the provisions of this LEASE. 12.02 If the LEASED PREMISES or any part thereof or LESSEE's interest therein shall at any time during the LEASE TERM become subject to any vendor's, mechanic's, laborer's, materialman's or other similar lien based upon furnishing of materials or labor to the LEASED PREMISES or to LESSEE and not contracted for by LESSOR, LESSEE shall cause the same to damage or alter the primary structure or structural qualities be discharged at its sole cost and expense within thirty (30) calendar days after LESSEE shall have actual notice of the building comprising existence thereof, unless such lien and the claim occasioning it are contested or litigated in good faith by LESSEE and LESSEE shall first have posted a bond sufficient to insure that, upon final determination of the validity of such lien or claim, LESSEE shall then immediately pay any final judgment rendered against it, with all related costs and charges, and shall have such lien or claim released without cost to LESSOR. 12.03 Nothing contained in this LEASE shall be construed to prohibit LESSOR from making, and LESSOR shall be entitled to enter upon the LEASED PREMISES and make, any alterations of or additions to the improvements that constitute part of the Premises and other improvements situated on LEASED PREMISES, which alterations or additions seem desirable or necessary to LESSOR in its sole discretion, provided that no such alteration or addition, nor the Premises. No alterations contemplated by Tenant to the building comprising a part making of the Premises or Premises will in any way be a condition to the occurrence same, shall materially interfere with LESSEE's use of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderLEASED PREMISES.

Appears in 1 contract

Sources: Lease Agreement (Fti Consulting Inc)

Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make any alterations, installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises or any part thereof without the prior written consent of the Landlord. Tenant; provided, at however, that Landlord shall not unreasonably withhold, condition or delay its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items consent to any of the same which do not overload affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or damage air conditioning systems serving either the same; (b) such items may be removed without injury to Building or the Premises; and . All Alterations in the Premises (c) the construction, erection whether installed with or installation thereof complies with all applicable governmental laws, ordinances, regulations and with without Landlord's specifications and requirements. All alterationsconsent), additions, improvements and partitions erected by Tenant shall be and at the election of Landlord remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore in the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to and be surrendered with the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals this Lease without disturbance, molestation or injury; further provided, however, that any and all applicable legal requirements, receipt manufacturing items or other items of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Tenant's personalty shall have the prior written approval of Landlord, remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property. (b) Landlord is delivering the Premises to Tenant in its "AS IS" condition, without any representation or warranty of any kind, express or implied, as to its condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant. (c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a reputable construction company contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved in writing by Landlord, and who Tenant shall carry deliver to Landlord certificates of all such insurance and meet such other requirements as Landlord shall specifyinsurance. All invoices for improvements shall be available for inspection by Landlord. If any improvement Tenant's work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good first-class and workmanlike manner so as lien-free manner. Tenant shall not to damage be Landlord's agent for purposes of this work and Tenant shall be solely responsible for any mechanics' or alter the primary structure materialmen's lien arising therefrom; Tenant shall pay, bond or structural qualities otherwise release of the building comprising a part record any such lien within ten (10) days after receiving notice of its existence. (d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and other improvements situated on shall not permit or suffer any lien to attach to the Premises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. No alterations contemplated Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to the building comprising a part be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises will and shall not encumber Landlord's interest in any way be a condition to the occurrence of Premises or the Commencement Date or commencement of Tenant’s rental payment obligations hereunderBuilding.

Appears in 1 contract

Sources: Lease (MPW Industrial Services Group Inc)

Alterations. Tenant Any alterations, improvements, additions or fixtures ----------- affixed to the Premises that may be made or installed upon the Premises by either the Lessor or the Lessee, with the prior written consent of Lessor, shall become and remain the property of the Lessor, and, at the termination of this lease, shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, except that if Lessor so notifies Lessee, Lessee shall promptly remove such alterations, improvements and additions as Lessor shall specify and repair any damage to the Premises caused by such removal. If the Lessor consents to such alterations or additions, before the commencement of the work or delivery of any materials onto the Premises, the Lessee shall furnish the Lessor with plans and specifications, names and addresses of contractors and all subcontractors and suppliers, copies of proposed contracts, necessary permits, and indemnification in form and amount reasonably satisfactory to Lessor and waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Lessee shall not make execute any alterations, additions, contracts or improvements agree orally with any contractor to perform any alterations to the Premises without the prior written consent of LandlordLessor. Tenant, at its own cost Any contracts between Lessee and expense, may erect such shelves, bins, machinery any contractors shall provide that the contractor acknowledges that the Lessor is not responsible for any payments to the contractor and trade fixtures as it desires provided that (a) such items do not overload the contractor shall hold the Lessor harmless against any liens or damage claims for Liens and any damages or expenses to which the same; (b) such items Lessor may be removed without injury to the Premises; and (c) the constructionsubjected as a result thereof, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlordincluding reasonable attorney's specifications and requirementsfees. All alterations, additions, improvements additions and partitions erected by Tenant alterations shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not and only new, high grade materials shall be used. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to damage hold the Lessor, its agents, representatives and beneficiary harmless from any and all liabilities of every kind and description which may arise out of or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will be connected in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Lessee shall furnish the Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring the Lessor, its agents, representatives and beneficiary against any and all liabilities which may arise out of or be a condition to connected in any way with such work. Upon completion of any alterations or additions, the occurrence Lessee shall furnish the Lessor with contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall compl6y with all insurance requirements and with all ordinances and regulations of the Commencement Date Village of Oak Park and the State of Illinois or commencement of Tenant’s rental payment obligations hereunderany department or agency thereof.

Appears in 1 contract

Sources: Store Lease (Carnegie International Corp)

Alterations. Tenant Lessee shall not make or suffer to be made any alterations, additions, additions or improvements to or of the Leased Premises or any part thereof without the prior written consent of LandlordLessor. TenantIn the event Lessor consents to the proposed alterations, additions or improvements, the same shall be at its own the Lessee’s cost and expense and Lessee shall hold the Lessor harmless on account of the cost thereof. Any such alterations shall be made at such times and in such manner as not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the Project by the other tenants thereof. If required by Lessor, such alterations shall be removed by Lessee upon the expiration or sooner termination of the term of this Lease and Lessee shall repair damage to the Leased Premises caused by such removal, all at Lessee’s cost and expense. ▇▇▇▇▇▇ agrees not to suffer or permit any lien of any contractor, may erect supplier mechanic or materialman to be placed or filed against the Project or the Leased Premises. In case any such shelveslien shall be filed, binsLessee shall immediately satisfy and release such lien of record. If ▇▇▇▇▇▇ shall fail to have such lien immediately satisfied and released of record, machinery and trade fixtures Lessor may, on behalf of ▇▇▇▇▇▇, without being responsible for making any investigation as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; validity thereof, pay the amount of said ▇▇▇▇ or to bond the same off, and (c) ▇▇▇▇▇▇ shall promptly reimburse Lessor therefor. Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever whether created by act of Lessee, operation of law or otherwise, to attach to or be placed upon ▇▇▇▇▇▇’s title or interest in the constructionProperty, erection or installation thereof complies with and any and all applicable governmental laws, ordinances, regulations liens and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected encumbrances created by Tenant Lessee shall be attached to ▇▇▇▇▇▇’s leasehold interest only. For the avoidance of doubt, nothing in this Lease is to be construed as consent on the part of Lessor to subject ▇▇▇▇▇▇’s estate in the Leased Premises or the Project to any lien or liability for any improvements made by Lessee under any jurisdiction in which the Leased Premises or Project is located. PURSUANT TO §713.10, FLORIDA STATUTES, THE INTEREST OF THE LESSOR SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY LESSEE. Lessee shall not and remain does not have any right or authority under the property of Tenant during Lease to subject Lessor’s estate in the Term of Leased Premises or the Project to any lien or liability and Lessee shall not represent that it has such right or authority. This Lease contains no provision authorizing present or future work or improvements by Lessee without ▇▇▇▇▇▇’s consent. In all events, unless otherwise provided herein, this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur Lease provides that Lessee is solely responsible for payment of the date entire cost of termination any and all leasehold improvements. Lessee shall notify each contractor, supplier, mechanic and materialman making any improvements to the Leased Premises the content of the capitalized provision above. Lessee hereby acknowledges that it understands that, pursuant to the above-referenced statute, the knowing or willful failure of Lessee to provide such notice to the contractor shall render the contract between the Lessee and the contractor, supplier, mechanic and materialman voidable. Lessor be permitted to record in the record of the county where the Leased Premises are located, without the requirement of ▇▇▇▇▇▇’s signature (but Lessee shall execute on Lessor’s request), a memorandum of this Lease sufficient to secure Lessor’s rights under Fla. Stat. §713.10 and to notify the public with regard to, or vacating the Premisessecure, at other matters relating to this Lease which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlordare for Lessor’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcbenefit.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (La Rosa Holdings Corp.)

Alterations. Tenant shall not make any alterations, additionsmake, or improvements suffer to be made, any alterations or additions to the Premises Premises, or any part thereof, without the prior written consent of Landlord. Tenant, at its own cost and expenseany such additions to or alterations of the Premises, may erect such shelves, bins, machinery except movable furniture and trade fixtures as it desires provided fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that (a) such items do not overload Tenant shall desire to make any alterations or damage the same; (b) such items may be removed without injury additions to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Tenant shall submit to Landlord for Landlord's review and approval, detailed plans and specifications and requirementsfor the proposed alterations or additions. All alterations, additions, improvements and partitions erected Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company but approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed constructed in a good and workmanlike manner so as and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord's consent to damage any alterations or alter additions to the primary structure Premises costing $10,000 or structural qualities more upon Tenant's delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the building comprising a part estimated cost of the Premises and other improvements situated on proposed alterations or additions to the Premises. No In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations contemplated by Tenant or additions to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderotherwise.

Appears in 1 contract

Sources: Lease Agreement (Emeritus Corp\wa\)

Alterations. Tenant shall not make or suffer to be made any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord. Landlord may condition its consent upon Tenant providing a payment bond in amount and form reasonably satisfactory to Landlord covering the work to be done by ▇▇▇▇▇▇'s contractor. Tenant shall not install any antenna, satellite dish or other fixture or equipment on the roof or exterior of the Building. All alterations, additions or improvements to the Premises, including signs, but not including movable furniture, equipment, personal property and trade fixture, shall at the termination of this Lease become a part of the real property and belong to Landlord. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, they shall be made by Tenant at its own Tenant’s sole cost and expense, may erect such shelves, bins, machinery shall conform to plans and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected approved by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, be carried out only during hours approved by Landlord by licensed contractors selected by ▇▇▇▇▇▇ and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as deliver to Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work performance and payment bonds as well as proof of workers’ compensation and general liability insurance coverage, including coverage for completed operations and contractual liability, with Landlord and its affiliates and their respective present and future officers, directors, employees, owners and agents named as additional insureds, in amounts, with companies, and in form reasonably satisfactory to allow LandlordLandlord (using ISO CG 2010 and CG 2037 or their combined equivalent and including a waiver of right of recovery under such general liability and worker's compensation insurance), if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration which shall remain in effect during the entire period in which the work shall be performed carried out, shall be built from new materials, shall conform to all applicable building codes and all applicable laws, rules and regulations, shall be constructed in a good workmanlike manner, and workmanlike manner so as shall be commenced only after all required permits have been obtained and copies thereof furnished to Landlord. Tenant shall not permit any mechanics’ or materialman’s lien to damage stand against the Premises for any labor or alter materials provided to the primary structure Premises by any contractor or structural qualities other person hired or retained by ▇▇▇▇▇▇. Tenant shall place no signs on the Building, in the windows of the building comprising Building or outside the Building, except as specifically approved in advance by Landlord. All signs shall be installed by a part license contractor approved by Landlord. Tenant, at Tenant’s expense, shall obtain all municipal permits and approvals required for its signs. No locks shall be changed without the prior written consent of Landlord. Landlord shall not have any responsibility or liability for the design of any alterations or of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part safety thereof, notwithstanding any approval of the Premises plans and specifications for the alterations. Tenant shall defend, indemnify, and hold Landlord harmless for, from and against any mechanics’ or Premises will materialman’s lien. If Tenant fails to discharge such a lien, by bonding or otherwise, within ten days after written demand, Landlord shall be entitled, but shall have no obligation, to pay the lien or otherwise cause it to be discharged, in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderwhich case Tenant shall immediately reimburse Landlord for all amounts so expended and all related expenses, including attorneys’ fees.

Appears in 1 contract

Sources: Retail Triple Net Lease

Alterations. (a) Tenant shall not make no alterations or changes, structural or otherwise, to any alterationspart of the Premises, either exterior or interior, without Landlord’s written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Tenant shall comply with the building codes, regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. Except to the extent expressly provided to the contrary in this Lease, any additions, or improvements improvements, alterations and/or installations made by Tenant to the Premises without the prior written consent of Landlord. Tenant(except only movable office furniture, at its own cost and expense, may erect such shelves, bins, machinery fixtures and trade fixtures; provided, however that such fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected trade fixtures purchased by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits Contribution funds shall be excluded from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, this exception and shall be performed by a reputable construction company approved in writing by become Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection ’s property upon completion termination of Tenant’s occupancy of the finish work, then before the finish work is added Tenant must (iPremises) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, become and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising remain a part of the Premises and shall, at Landlord’s option, become Landlord’s property upon the termination of Tenant’s occupancy of said Premises; provided, however, that if Landlord gives written notice to Tenant at the time of Landlord’s approval of Tenant’s additions, improvements, alterations and/or installations to such effect, it may require Tenant to restore said Premises, at Tenant’s sole cost and expense, to the condition in which the Premises are required to be on the later of (i) the Rent Commencement Date, or (ii) the date Tenant opens for business, or (iii) the completion of all work of Landlord and Tenant contemplated to be performed in the Premises pursuant to the provisions of this Lease. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such additions, improvements, alterations and/or installations. Landlord reserves the right to change, increase or reduce, from time to time, the number, composition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other improvements situated on common areas or make alterations or additions to the Building, in its sole discretion provided, however, that Landlord shall not materially, adversely affect Tenant’s use of the Premises. Landlord’s approval of Tenant’s plans and specifications under this Article 9 or any other provisions of this Lease is solely for the purpose of ascertaining whether Tenant’s proposed alterations will have an adverse impact on the structural components or Common Facilities of the Building and to insure the aesthetic and architectural harmony of the Tenant’s proposed alterations with the remainder of the Building. No alterations contemplated approval of plans by Landlord shall be deemed to be a representation or warranty by Landlord that such plans or the work provided for therein will comply with applicable codes, laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and Tenant shall have the sole responsibility of complying with all such requirements notwithstanding Landlord’s approval of Tenant’s plans. Notwithstanding the foregoing, during the initial term of this Lease, Tenant shall be permitted, at its sole cost and expense, to install a concrete sidewalk leading directly from the building comprising a part parking area located in front of the Premises to the front exterior door of the Premises. Such construction shall be subject to Landlord’s prior approval (which approval shall not be unreasonably withheld or delayed) and Tenant shall be responsible for obtaining all required permits and licenses for said sidewalk construction. Notwithstanding the foregoing, Tenant shall be permitted to perform work which (x) does not require a building permit or other permit from applicable governmental authorities, and (y) involves only cosmetic, non-structural changes to the Premises will without Landlord’s consent, but Tenant shall provide Landlord with plans showing all such work within five (5) days after Landlord’s request. Tenant shall not in any way event be a condition permitted to perform any work or alterations without Landlord’s prior written consent if such work or alteration will affect the occurrence Building’s or the Premises’ (i) electrical system or other utility systems, (ii) mechanical system, or (iii) structural components, or which will otherwise affect or interfere with any other tenant’s premises or operations or the use of the Commencement Date Common Areas of the Project. Request for such consent for work which requires Landlord’s consent shall be accompanied by plans stating in detail precisely what is to be done and Landlord will, upon the request of Tenant made at the time plans are submitted, advise Tenant if Landlord will require that any improvements or commencement alterations be removed by Tenant at the expiration or earlier termination of Tenant’s rental payment obligations hereunderthis Lease. (b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANICS’ OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, MATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, OR IF ANY CONDITIONAL ▇▇▇▇ OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, MACHINERY OR FIXTURES USED IN THE CONSTRUCTION, REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY TENANT, TENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL ▇▇▇▇ OF SALE WITHIN TEN (10) DAYS OF LANDLORD’S WRITTEN REQUEST THEREFOR.

Appears in 1 contract

Sources: Flex Space Office Lease (Panacos Pharmaceuticals, Inc.)

Alterations. Tenant shall not make any alterations, additions, changes or improvements modifications (“Alterations”) to the Premises without the first obtaining Landlord’s prior written consent consent, in each instance. Whether any such work is done by Tenant or by Landlord on ▇▇▇▇▇▇’s behalf, Tenant shall indemnify, defend and hold Landlord harmless from any claims and/or damages from such work. Tenant shall also comply with NRS 108 et seq. in commencing and completing alterations, including, but not limited, bond and notice requirements thereto. Landlord shall have the right to record and serve statutory notices of Landlordnon responsibility. In no event shall Tenant be allowed to make any Alterations to the Premises without first obtaining all approvals from all governmental authorities regarding operation of its purposed business in the Premises. Any Alterations to the Premises or the building of which they are a part which are required by reason of any present or future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises or The Falls Office Park or of any insurance company insuring the Premises, and regardless of whether or not such Alterations pertain to the nature, construction or structure of the building or to the use made thereof by Tenant, shall be at its own the sole cost and expenseof Tenant regardless of whether the work is performed by Landlord or Tenant. All Alterations, may erect such shelvesto or upon the Premises, binsexcept removable trade fixtures, machinery and trade fixtures as it desires provided that (a) such items do not overload shall at once when made or damage the same; (b) such items may installed be removed without injury deemed to have attached to the Premises; real property and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain to have become the property of Tenant during the Term of this LeaseLandlord. All shelvesThe foregoing includes, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advancewithout limitation, any Tenant improvements modifications to the Premises will become part of required by the Premises upon installation and will remain in place at Americans with Disabilities Act. If the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing cost of any claim for mechanic’s Alterations equal or materialman’s lienexceed Five Thousand Dollars ($5,000.00), then Tenant shall provide Landlord a performance bond in the contract amount prior to commencement of any such work. In addition to the forgoing, Tenant shall comply with the terms of Nevada Revised Statutes (NRS) Chapter 108 in all instances, including without limitation using a construction control account to pay its contractor and subcontractors. All improvements shall have the prior written approval of Landlord, and “Tenant’s Work” shall be performed by a reputable construction company approved in writing by Landlord, duly licensed and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcqualified contractor(s).), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Assignment of Lease (MJ Holdings, Inc.)

Alterations. Tenant Notwithstanding anything contained in this Lease to the contrary, Lessee shall not make any additions, alterations, additionsimprovements or other modifications (collectively,"Alterations"), or improvements to the Premises without the prior written writren consent of Landlord. TenantLessor, at its own cost and expensewhich shall not be unreasonably withheld or delayed, may erect such shelvesexcept for the installation of unattached, bins, machinery and movable trade fixtures as it desires provided which may be installed without drilling, cutting or otherwise defacing the leased premises. Any approval by Lessor of or consent by Lessor to any plans, specifications or other items to be submitted to and/or reviewed by Lessor pursuant to this Lease shall be deemed to be strictly limited to an acknowledgment of approval or consent by Lessor thereto and, whether or not the work is performed by Lessor or by Lessee's contractor, such approval or consent shall not constitute the assumption by Lessor or any responsibility for the accuracy, sufficiency or feasibility of any plans, specifications or other such hems and shall not imply any acknowledgment, representation or warranty by Lessor that (a) such items do not overload the design is safe, feasible, structurally sound or damage will comply with any legal or governmental requirements, and Lessee shall be responsible for all of the same; . Lessee agrees to pay Lessor, upon demand as additional rent, a fee for construction management in an amount equal to five percent (b5%) such items may be removed without injury of the total cost of the Alterations, (if Alterations exceed $10,000, excluding the "Initial Alterations" as provided in Paragraph 40B), whether or not the work is performed by Lessor or by Lessee's contractor. No alterations shall lessen the value of the Premises or cause expense to Lessor at the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term termination of this Lease. In no event shall any work be done for Lessor's account or in any way which would allow a lien to be placed against the Premises; any such hen shall create a default of Lessee under this Lease if not removed or lawfully bonded within ten (10) calendar days following Lessor's discovery thereof All shelvesalterations made in or upon Premises, binseither by Lessee or Lessor, machinery and trade fixtures installed by Tenant shall be removed on or before Lessor's property and shall remain upon Premises at the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises without compensation to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcLessee.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Lakota Technologies Inc)

Alterations. Tenant shall not make any improvements, alterations, additions, additions or improvements installations in or to the Premises (hereinafter referred to as the “Work”) without the Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Along with any request for Landlord’s consent and before commencement of the Work or delivery of any materials to be used in the Work to the Premises or into the Facility, Tenant shall furnish Landlord with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and except when Landlord, its agent or affiliate is contractor, an indemnification in such form and amount as may be reasonably satisfactory to Landlord. Tenant agree to defend and hold Landlord harmless from any and all claims and liabilities of any kind and description that may arise out of or be connected in any way with said improvements, alterations, additions or installations. All work done by Tenant, at its own agents, employees, or contractors shall be done in such a manner as to avoid labor disputes. Tenant shall pay the cost of all such improvements, alterations, additions or installations, and expensealso the cost of painting, may erect restoring, or repairing the Premises and the Facility occasioned by such shelvesimprovements, binsalterations, machinery additions or installations. Upon completion of the Work, Tenant shall furnish Landlord with contractor’s sworn affidavits and trade fixtures as it desires provided that (a) such items do not overload full and final waivers of liens, or damage the same; (b) such items may be removed without injury to the Premises; receipted bills covering all labor and (c) the construction, erection or installation thereof complies materials expended and used. The Work shall comply with all applicable governmental insurance requirements and all laws, ordinances, rules and regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, governmental authorities and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed constructed in a good and workmanlike manner so as manner. Tenant shall permit Landlord to inspect construction operations in connection with the Work. Tenant shall not be allowed, without Landlord’s reasonable approval, to damage perform such Work if such action results or alter the primary structure would result in a labor dispute or structural qualities otherwise would materially interfere withLandlord’s operation of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderFacility.

Appears in 1 contract

Sources: Lease (SoftBrands, Inc.)

Alterations. Tenant shall not make (or permit to be made) any alterations, additions, or improvements alteration to the Premises (including, without limitation, the attachment of any fixture or equipment) unless such alteration (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of Landlord not to be unreasonably withheld, conditioned or delayed, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such reasonable indemnification and/or bonds requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any alteration, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at such time and in such manner as to not disturb the Landlord or other tenants in the Building. All such alterations, improvements and additions (including all articles attached to the floor, wall or ceiling of the Premises) shall become the property of Landlord and shall, at Landlord's election, be (i) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefor, or (ii) removed by Tenant, at its own cost and Tenant's expense, with all damage caused by such removal repaired by Tenant. Tenant may erect such shelvesremove Tenant's trade fixtures, binsoffice supplies, machinery movable office furniture and trade fixtures as it desires provided that (a) such items do equipment not overload or damage the same; (b) such items may be removed without injury attached to the Premises; and (c) the constructionBuilding, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier provided such removal is made prior to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt Term, no uncured Event of verification of good Default has occurred and workmanlike completion of Tenant promptly repairs all damage caused by such work in compliance with Landlord’s approvals removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all applicable legal requirementsliens, receipt of final lien waivers claims, damages, losses, liabilities and bills paid affidavits from all contractorsexpenses, and expiration of all applicable lien periods without the filing of any claim for mechanic’s including attorneys' fees, which may arise out of, or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will connected in any way with, any such change, addition or improvement. Within twenty (20) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderproper bond.

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Alterations. Tenant shall not make or permit to be made any alterations, additions, or improvements in, upon, or to the Premises Leased Premises, or any part of the Leased Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. TenantIn the event such consent is obtained, all such alterations, additions or improvements shall be performed at its own cost the expense of Tenant and expensein a good, may erect such shelvesworkmanlike manner, bins, machinery free from faults and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; defects and (c) the construction, erection or installation thereof complies in accordance with all applicable governmental lawslaws and building codes and plans and specifications approved by Landlord. Tenant shall not allow any construction liens to attach to the Leased Premises, ordinancesthe Building, regulations or the Land in connection with any such alteration, and with the failure of Tenant to have any such lien released or otherwise secured by payment of the indebtedness due the construction lien claimant or by filing a bond (as provided by statute) as security therefore, within ten (10) days after written notice from Landlord's specifications and requirements, shall constitute a default under this Lease. All alterations, additions, or improvements (except trade fixtures) so made and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at realty, shall become the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval property of Landlord, and shall be performed by remain for the benefit of Landlord at the end of the Term or other expiration of this Lease in as good a reputable construction company approved in writing condition as they were when installed, reasonable wear and tear excepted; provided, however, that any such alteration, addition, or improvement remaining at the end of the Term or other expiration of this Lease, shall upon demand made by Landlord, be removed by ▇▇▇▇▇▇, at Tenant's expense, and who Tenant shall carry repair any damage caused such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by removal, restoring the finish work involved in Leased Premises to their condition prior to the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection making of such to-be-covered work by an independent third-party architect who shall document such inspectionalteration, and (iii) before performing the finish work that will cover such other workaddition, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderimprovement.

Appears in 1 contract

Sources: Commercial Lease Agreement