Common use of Alterations Clause in Contracts

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restored.

Appears in 2 contracts

Sources: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)

Alterations. The 9.1. Tenant shall not change the Demised Premises or be permitted to make any additions, alterations, improvements, additions or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions physical changes in or about the Demised Premises ("Alterations") that do not materially and adversely affect either the Structural Elements of the Building or any Building System ("Permitted Alteration"). Except for Permitted Alterations, Tenant shall desire agrees not to make or allow to be made any Alterations without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed (and, in any event, shall not be conditioned on the payment to Landlord of any fees or charges due to Landlord's review). Notwithstanding the foregoing, in the event Landlord fails to notify Tenant within ten (10) Business Days of Landlord's receipt of Tenant's notice of its proposed Alterations (together with all documentation required to be submitted to Landlord in written formhereunder) of Landlord's consent or denial of consent to the proposed Alterations, with Landlord shall be deemed to have consented to such proposed detailed plansAlterations. any alterations, improvements or additions proposed by Tenant shall be further subject required to provide Landlord notice of any Permitted Alterations (other than Permitted Alterations that are decorative or cosmetic in nature or do not require the issuance of a building permit) accompanied by plans and specifications for such Alteration prior to Tenant commencing such Alterations. Any and all Alterations to the following: Premises that remain at the Premises upon the expiration or sooner termination of this Lease shall become the property of Landlord upon the expiration or sooner termination of this Lease, except for trade fixtures, movable equipment, furniture, or personal property owned by Tenant (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessarythe Tenant Personalty), and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) such termination Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shallhave the right to remove any such Alterations at any time during the Term of this Lease subject to the provisions of this Article 9, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The provided that Tenant shall be responsible for paying repairing any damage to the Building resulting from the removal of such Alterations. 9.2. All permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant at Tenant's expense and submitted to Landlord (Landlord shall execute any application reasonably required by Tenant therefor provided that such execution shall be without expense to Landlord and further provided that Landlord's fees in reviewing the Plans execution is required by such Governmental Authority). Notwithstanding Landlord's approval of plans and Specifications. At the completion of the alteration or restorationspecifications for any Alteration, "as-built" plans all Alterations shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredperformed in full compliance with all applicable Laws.

Appears in 2 contracts

Sources: Lease Agreement (Five Star Products Inc), Lease Agreement (National Patent Development Corp)

Alterations. The Tenant shall will not change the Demised Premises or make any additionsmodifications, improvements, alterations, additions or improvements installations in or to the Demised Premises that affect the Original Building's structural systems, the Expansion Building's structural systems, or the Core Building Systems, or that will cost more than $50,000.00 per building, without the Landlord's prior written consent, which consent will not be unreasonably withheld. Any Tenant will notify Landlord prior to making any modifications, improvements, alterations, improvements additions or additions installations in or about to the Demised Premises (referred to in this section as the "work"), regardless of whether Landlord's consent is required in connection with such work. Along with any request for Landlord's consent and at least 15 days before commencement of any work or delivery of any materials to be used in any work to the Premises, Tenant will furnish Landlord with plans and specifications, estimated commencement and completion dates, the name and address of Tenant's general contractor, and the necessary permits and licenses. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any liens resulting from such work. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with such work. Tenant will pay the cost of all such work, and also the cost of painting, restoring or repairing the Premises occasioned by such work. Upon completion of the work, Tenant will furnish Landlord with contractor's affidavits that include full and final waivers of liens and receipts for all amounts due for labor and materials. In the case of any work that required Landlord's consent, Tenant shall desire will also provide Landlord with as-built plans and specifications of the Premises as altered by such work. All work will comply with all insurance requirements and all applicable Laws (including, without limitation, the ADA) and will be constructed in a good and workmanlike manner, using materials of first-class quality and free and clear of all liens or claims therefor. Tenant will permit Landlord to make shall be submitted to Landlord inspect construction operations in written formconnection with any such work. Landlord's approval of any plans for any modifications, with proposed detailed plans. any improvements, alterations, improvements additions or additions installations proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but will not limited to, constitute a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so representation that the Demised Premises remains free of same will comply with Laws or be fit for any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of particular purpose; such approval will merely constitute Landlord's fees consent to construct or install the same in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredPremises.

Appears in 2 contracts

Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)

Alterations. The Tenant shall not change make any alterations, additions or improvements (collectively, “Alterations”) in or to the Demised Premises, except pursuant to Exhibit “D”, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall only utilize contractors reasonably approved by Landlord. Tenant shall, before making any Alterations, at its 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 Landlord, and Tenant agrees to carry, and to cause Tenant’s contractors and sub-contractors to carry such workmen’s compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Upon completion of any Alterations, Tenant shall deliver to Landlord one set of “as-built” plans and specifications therefor. All fixtures and all paneling, partitions, and like Alterations (but not FF&E Work, including therein any racking or railing system installed by Tenant which Tenant shall remove upon the expiration or earlier termination of the Lease), installed in the Demised Premises, either by Tenant or by Landlord on Tenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or earlier termination of the Lease, unless Landlord, by notice to Tenant given no later than 20 days prior to the Expiration Date of this Lease (or within 20 days after the earlier termination hereof), elects to have them removed by Tenant, in which event, the same (except for, Tenant’s Work, Landlord’s Work, done pursuant to Exhibit D, but including other Alterations [unless at the time of Tenant’s request for approval of installation, Landlord advises Tenant in writing that such Alterations need not be removed upon expiration or earlier termination of this Lease, and, if after Tenant’s written notice to Landlord to request such determination, if Landlord does not so advise Tenant of the requirement of removal of all or any of such Alterations, Tenant shall not be required to remove such Alterations at the expiration or earlier termination of this Lease], and furniture, fixtures and equipment installed by or for Tenant, in connection with Tenant’s occupancy of the Demised Premises) shall be removed from the Demised Premises by Tenant. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Demised Premises or make upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation (subject to ordinary wear and tear) and repair any additions, alterations, or improvements damage to the Demised Premises without or the Landlord's prior written consentProperty due to such removal. Any alterations, improvements All property that was permitted or additions in or about the Demised Premises that Tenant shall desire required to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed removed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie Term but which remains in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration for 10 business days after Tenant vacates the Demised Premises shall be undertaken until detailed Plans deemed abandoned and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, ormay, at the election of Landlord, shall either be retained as Landlord’s property or may be removed by the Tenant thirty (30) days prior to the termination of the Term and from the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant by Landlord at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredTenant’s expense.

Appears in 2 contracts

Sources: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Alterations. The Tenant shall not change A. From time to time after delivery of the Demised Premises or Vessel into Charterer's service, Charterer may make any additionsstructural and other alterations to the Vessel, alterationsits machinery, or improvements to the Demised Premises without the Landlordelectrical equipment, only with Owner's prior written consent. Any alterationsapproval, improvements or additions in or about which shall not be unreasonably withheld, provided the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject alterations to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, Vessel and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's its equipment are returned to their original state at or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term this Charter and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end Redelivery of the Term if Landlord elects Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for such equipment should the lease permit or may require Charterer to have such improvement remainequipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, orCharterer shall have the right to remove same upon Redelivery, returned provided that if Owner desires to Tenant after restoration retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by Tenant this Article are subject to approval by the Vessel's classification society and, if Landlord directs required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that said alteration be removed certain Master Lease Agreement (Palm Beach Princess and Empress II Gaming Equipment), dated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and Charterer and ITGPB ("Master Lease"), as lessee, without the prior written approval of PDS Gaming Corporation and Owner. B. Charterer's house colors are currently painted on the Vessel, and the Demised Premises restoredVessel shall continue to be so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and shall pay for all associated costs therefor. Prior to Redelivery, Charterer shall rename the Vessel at its expense in accordance with Owner's reasonable instructions. However, Owner shall in no event have the right to the use of Charterer's trademark following Redelivery. C. The Vessel shall be kept painted and metal surfaces preserved at all times, and Charterer shall maintain the Vessel in as good a condition as delivered, normal wear and tear excepted.

Appears in 2 contracts

Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc), Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, or All improvements and alterations to the Demised Leased Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed made by Tenant shall be further subject to installed at the following: cost and expense of Tenant (a) Tenant which cost shall first obtain requisite permits includingbe payable on demand by Landlord as additional rent), but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner only in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications specifications which have first been previously submitted to and approved in writing by Landlord, and if requiredonly by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld). In connection with any request for an approval of alterations by Tenant, Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, improvements and partitions erected by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any and remain the property of Landlord's fees in reviewing Tenant during the Plans term of this Lease and Specifications. At Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, improvements and partitions erected by Tenant and restore the completion Leased Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the alteration Leased Premises; provided, however, that, if at such time Landlord so elects, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or restoration, "as-built" plans upon earlier vacating of the Leased Premises and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. All such removals and restoration shall be delivered accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure or structural qualities of the Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's optionincluding but not limited to, become Landlord's propertywaivers of lien, orsurety company performance bonds and personal guaranties of individuals of substance, at the election of Landlord, as Landlord shall be removed by the Tenant thirty (30) days prior require to the termination assure payment of the Term costs thereof and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if protect Landlord elects to have such improvement remainagainst any loss from any mechanics', orlaborers', returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredmaterialmen's or other liens.

Appears in 2 contracts

Sources: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)

Alterations. The Tenant shall not change make no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises or make any additionsthe Building, alterationsstructural or otherwise, or improvements to the Demised Premises without the Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Any alterationsIf any such Alterations are made without the prior written consent of Landlord, improvements Landlord may correct or additions in or about remove the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written formsame, with proposed detailed plans. any alterations, improvements or additions proposed by and Tenant shall be further subject to liable for any and all expenses incurred by Landlord in the following: (a) Tenant performance of such work. All Alterations shall first obtain requisite permits includingbe at Tenant's sole expense, but not limited toshall comply with all laws, a new Certificate rules, orders and regulations of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations jurisdiction thereof and shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans at such times and in compliance such manner as Landlord determines will not unreasonably interfere with applicable laws and governmental regulations; (d) The cost the use of the alterations Building by other Tenants and their respective premises. All Alterations shall be paid made only by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance such contractors or mechanics as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and are approved in writing by Landlord. Such approval shall not be unreasonably withheld, conditioned or delayed. Approval of contractors or mechanics by Landlord shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience, and if requiredpast job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the fee mortgagee joint expense of Landlord and Tenant, shall be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Upon expiration of the Lease, Tenant shall have no obligation to remove, modify or ground lesseealter any of the initial alterations described in Exhibit D attached. The Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations (excluding Initial Alterations), unless Landlord agrees in writing not to require the removal of an Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's cost and expense and Tenant shall, at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord at the expiration of the Term. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Landlord, at its own cost and expense, shall perform or provide the renovations to the Demised Premises as more fully described on Exhibit D (the renovations therein described being referred to herein as the “Initial Alterations”). Landlord's architect shall perform all of the architectural services required in connection with the construction of the Initial Alterations. Landlord shall require the use of building standard finishes for the Initial Alterations. Landlord shall be responsible for paying obtaining all necessary permits for occupancy. Landlord shall have no liability for any of Landlord's fees delay in reviewing delivering the Plans and SpecificationsDemised Premises due to contractor delay. At the Upon substantial completion of the alteration or restorationInitial Alterations as reasonably determined by Landlord’s architect, "as-built" plans this Lease shall commence and Tenant shall have the right to occupy the Demised Premises. “Substantial Completion” of the Initial Alterations shall be delivered the date reasonably determined by Landlord that the Initial Alterations has been performed, other than any details of construction, mechanical adjustment or any other matter, the non-completion of which does not materially interfere with the ability of Tenant to Landlord; (i) Any alteration made commence beneficial use and occupancy of the Premises. Notwithstanding any provision in this Lease to the contrary, in the event Landlord is delayed in the substantial completion of the Initial Alterations by reason of any Tenant under this Paragraph 10 hereof shallCaused Delay, at Landlord's option, become Landlord's property, or, at then and in such event the election of Landlord, Lease Commencement Date shall be removed by the date which Landlord’s architect reasonably determines that the Initial Alterations would have been substantially completed in the absence of the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises Caused Delay. For purposes hereof, a Tenant Caused Delay shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restored.defined as follows:

Appears in 2 contracts

Sources: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)

Alterations. The Tenant shall not change the Demised Premises make or make permit to be made any alte▇▇▇▇▇ns, additions, alterations, modifications or improvements to the Demised Premises (including without limitation painting and carpeting) without the Landlord's prior written consent. Any consent of Landlord, which consent will not be unreasonably withheld, provided that such alterations, additions, modifications or improvements are not structural or additions involve Building systems in or about the Demised Premises that which case Landlord’s consent may be withheld in Landlord’s sole discretion. If Tenant shall desire desires to make shall be submitted to Landlord in written form, with proposed detailed plans. any such alterations, improvements additions, modifications or additions proposed by Tenant shall be further subject to improvements, a duplicate set of plans for the following: (a) Tenant same shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord and Landlord shall have the right to request reasonable revisions and corrections to the plans, all of which corrections and revisions shall be incorporated by Tenant (with revised duplicate sets delivered to Landlord). All such work shall be done by Tenant, at its own expense, and if requiredTenant agrees that all such work shall be done in a good and workmanlike manner (Landlord having the right to approve all contractors, all of whom shall be bonded and properly licensed) in accordance with the approved plans therefor and all applicable Requirements, that the structural integrity of the Building shall not be impaired, that no liens shall attach to the Premises or the Property by reason therefor, and that Tenant will secure all necessary permits pertaining to the fee mortgagee aforementioned alterations, additions, modifications or ground lesseeimprovements. The Tenant shall reimburse Landlord upon demand therefor for all reasonable costs and expenses incurred by Landlord in connection with its review of such plans and the inspection of the work contemplated thereby. Tenant has no authority or power, express or implied, to create or cause to be created or to consent to any lien, charge or encumbrance of any kind against the Premises or the Property. Tenant shall pay before delinquency all costs for work done or caused to be done by Tenant in the Premises which could result in any lien or encumbrance on Landlord’s interest in the Property or any part thereof, shall keep the title to the Property and every part thereof free and clear of any lien or encumbrance with respect to such work and shall indemnify and hold harmless Landlord against any claim, loss, lien, cost, demand or legal or other expense, whether in respect of any lien, injury to person or property (including the Building) or otherwise, arising out of the work performed or to be performed at the Premises or the supply of material, services or labor for such work. Tenant shall immediately notify Landlord of any such lien, claim of lien or other action of which it has knowledge and which affects the title to the Property or any part thereof and shall cause the same to be removed within ten (10) days, failing which Landlord may take such action as Landlord deems necessary to remove the same and the cost thereof (including reasonable attorneys’ fees) shall be immediately due and payable by Tenant to Landlord. All alterations, additions, improvements and fixtures (other than Tenant’s personal property, provided the same are installed at no cost or expense to Landlord) which may be made or installed by either party upon the Premises shall be and remain the property of Landlord and shall remain upon and be surrendered with the Premises, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Premises to its original condition, taking into account normal wear and tear, at Tenant’s sole cost and expense and Tenant shall pay the entire cost of such removal. If Tenant fails to remove such property and restore the Premises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) days after Tenant’s receipt of Landlord’s written demand therefor. In connection with the installation of any alterations, additions, modifications and improvements, including without limitation, any described in Article 2 hereof, Tenant shall be responsible for paying and pay any of Landlord's fees in reviewing construction management fee charged by the Plans and Specifications. At property manager, provided the completion fee does not exceed ten percent (10%) of the alteration sum of hard costs, soft costs and permit fees of any such installation of alterations, additions, modifications or restorationimprovements; provided, "as-built" plans however, that the construction management fee shall be delivered to Landlord; not exceed five percent (i5%) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior with respect to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the initial Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredImprovements described in Section 2.4.

Appears in 2 contracts

Sources: Commercial Office Lease (Technest Holdings Inc), Commercial Office Lease (Technest Holdings Inc)

Alterations. The 15.01 Tenant shall will not change the Demised Premises make, cause or make permit any additions, alterations, additions or improvements ("alterations") in or to the Demised Premises without the in each instance obtaining Landlord's prior written consentconsent thereto, which consent shall not be unreasonably withheld or delayed. Any alterationsBy way of illustration but not limitation, improvements Landlord will be entitled to withhold its consent if the proposed alterations (i) impair or additions in affect the structural soundness or about integrity of the Demised Premises, Building, or any of the systems or equipment therein, (ii) lessen the present or future value of the Demised Premises or Building, (iii) change the type of use of the Demised Premises, or (iv) increase the risk of damage or injury to the Demised Premises, the Building or the occupants of the Building. Any such consent by Landlord may be upon condition that the work be performed by Landlord's agents, servants, employees or contractors and that Tenant shall desire furnish to Landlord such evidence of Tenant's financial ability to assure payment and/or completion as Landlord may reasonably require. If Landlord so elects and notifies Tenant at the time of Tenant's request to make shall such alterations, Tenant will, at its sole cost and expense, remove any alterations (structural or non-structural) at the expiration or other termination of this Lease, repair all damage caused by such removal and restore the Demised Premises to the condition in which they were prior to the installation of any such alterations. Nothing herein contained will be construed to restrict Tenant's right to install or to make any changes in Tenant's own movable trade fixtures. The provisions of this Article 15 are subject to the terms and conditions of any mortgage to which this Lease is subordinate and if the consent of any such mortgagee is required for such work, such consent will be obtained by Tenant before any such work is commenced. In that regard, Landlord agrees to reasonably cooperate with Tenant in obtaining the consent of such mortgagee. Plans and specifications, together with an estimate of the cost of, for any proposed alterations will be submitted to Landlord in written formupon the request for its consent. However, with proposed detailed plans. any alterations, improvements such review and consent by Landlord will not be deemed Landlord's opinion as to acceptability to or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost municipal requirements. Upon completion of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security is to assure restoration receive one print and one reproducible copy of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans construction plans. If Landlord elects to, and notifies Tenant that it will, require removal of Alterations upon the expiration or earlier termination of this Lease, then Landlord shall also have the option to require that Tenant post a security deposit, letter of credit or other evidence of Tenant's financial ability to so remove such Alterations. 15.02 In making any alteration contemplated by this Article, or any repair or restoration contemplated by other terms and conditions of this Lease, the parties will comply with all applicable laws, regulations, ordinances and orders and procure all requisite permits, all at Tenant's expense. Copies of all such approvals, authorizations and permits will be delivered to and retained by Landlord;. Each party will, on written request from the other, execute any documents necessary to be signed on its part in order to obtain any such permit. All alterations made hereunder will be performed in a first-class, good and workmanlike manner using new materials at least equivalent in quality to those used in the construction of the Building. 15.03 All alterations (iother than Tenant's trade fixtures) Any alteration made by Tenant under will upon termination of this Paragraph 10 hereof shallLease immediately be and become the sole and absolute property of Landlord and will remain upon and be surrendered with the Demised Premises unless Landlord has elected as provided in Section 15.01 that such alterations be removed, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall in which event they will be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its original condition at Tenant's expense upon or prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end surrender of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredpossession.

Appears in 2 contracts

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

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises without the Landlord's prior written consentconsent of Landlord. Notwithstanding the foregoing, Tenant shall have the right to install mechanical systems that are non-structural in nature for Tenant’s operations so long as Tenant obtains Landlord’s prior written approval of same and Tenant complies with all terms and conditions of this Paragraph 6. Additionally, Tenant shall remove such mechanical systems at the expiration or earlier termination of the Lease and restore the Premises to their original condition if Landlord informs Tenant at any time during the term of the Lease of this requirement. Any alterations, additions or improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed performed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost all of the alterations shall terms and conditions of this Paragraph 6. All work to be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made performed by Tenant under this Paragraph 10 hereof shall6 shall be performed in accordance with plans and specifications approved in advance by Landlord and in compliance with all applicable codes, rules, regulations, ordinances and laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers’ compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be designated as an additional insured on such certificates. Tenant shall furnish to Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (including attorneys’ fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the work performed in accordance with this Paragraph. 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 alter the basic character of the Premises or the building and/or improvements of which the Premises arc a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's option’s specifications and requirements. All alterations, become Landlord's propertyadditions, orimprovements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. All shelves, at the election of Landlordbins, machinery and trade fixtures installed by Tenant shall be removed by on or before the Tenant thirty (30) days prior earlier to occur of the date of termination of this Lease or vacating the Term Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and the Demised Premises restoration shall be restored performed in a good and workmanlike manner so as not to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to damage or alter the Tenant at the end primary structure or structural qualities of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed Building and other improvements situated on the Demised Premises restoredor of which the Premises are a part.

Appears in 2 contracts

Sources: Lease Agreement, Commercial Lease Agreement (Power Solutions International, Inc.)

Alterations. The Tenant shall not change the Demised Premises make or make any additions, alterations, or improvements permit to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. made any alterations, additions or improvements in, upon or to the Leased Premises, or any part of the Leased Premises, without the prior written consent of Landlord, which shall not be unreasonably withheld. In the event such consent is obtained, all such alterations, additions proposed or improvements shall be performed at the expense of Tenant in a good, workmanlike manner, free from faults and defects and in accordance with all applicable laws and building codes and plans and specifications approved by Landlord. Tenant shall not allow any such construction liens to attach to the Leased Premises or Property in connection with any such alteration 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 such construction liens, including, without limitation, attorneys’ fees and costs of litigation. All alterations, additions or improvements (except trade fixtures) so made and installed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost become part of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlordrealty, shall be removed by become the Tenant thirty (30) days prior to property of Landlord and shall remain for the termination benefit of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant Landlord at the end of the Term if or other expiration of this Lease in as good condition as they were when installed, reasonable wear and tear excepted. Notwithstanding the foregoing, at the end of the Term or other expiration of this Lease, Landlord elects may require the Tenant to remove any such alteration, addition or improvement, at Tenant’s expense. In ▇▇▇▇▇▇ Ave LLC Lease Agreement – Shoulder Innovations Page 4 of 25 which case, Tenant shall repair any damage caused by such removal and shall restore the Leased Premises to their condition prior to the making of such alteration, addition or improvement. Notwithstanding the foregoing, Tenant may make strictly cosmetic changes to the finish work in the Premises, not including any changes affecting the Premises' or Building's roof, structure, systems, or exterior appearance ("Cosmetic Alterations"), without Landlord's consent (but subject to all other terms of this Lease), provided that (i) the aggregate cost of any such Cosmetic Alterations does not exceed Ten Thousand Dollars ($10,000.00) in any twelve (12) month period, and (ii) such Cosmetic Alterations do not require any substantial modifications to the Premises. Tenant shall also have such improvement remainthe right to install furnishings, orequipment, returned wiring and connections, fixtures and trade fixtures within the Premises. ▇▇▇▇▇▇ agrees to surrender to ▇▇▇▇▇▇▇▇, at the end of the Lease Term or upon any termination of this Lease, the Premises in as good condition as the Premises were at the Commencement Date, ordinary wear and tear and damage by casualty or condemnation excepted. Tenant after restoration shall not be obligated to remove any Cosmetic Alterations or other alterations that Landlord and Tenant agree shall remain with the Premises as provided above, Tenant shall not have the right to remove any fixtures, wiring, installations or any other Alterations or Tenant Improvements as contemplated by the Work Letter unless specifically permitted in writing by Landlord. In the event Landlord grants Tenant’s request to remove any improvements, fixtures or other items, Tenant if Landlord directs that said alteration be removed shall do so in a good and the Demised Premises restoredworkmanlike manner and shall reasonably repair and patch all floors, ceilings and other effected areas.

Appears in 2 contracts

Sources: Lease Agreement (Shoulder Innovations, Inc.), Lease Agreement (Shoulder Innovations, Inc.)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits not make, or permit to be made, any alterations, additions or improvements (“Alterations”) to the Premises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an Alteration to the Premises. Any Alterations to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. (b) All Alterations, including, but not limited to, a new Certificate of Occupancyheating, if necessarylighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and authorizations from governmental authorities having jurisdiction; (b) Obtaintubes, if applicablehot water heaters, any fee mortgagee's or ground lessee's prior written consent;fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures, but are subject to removal as provided herein. (c) Any alterations Tenant shall not be required to remove the Tenant Improvements from the Premises at the expiration or sooner termination of this Lease, nor shall Tenant shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with required to remove any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of Alterations from the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end expiration or sooner termination of this Lease unless, with respect to any such Alterations, (i) Landlord notified Tenant in writing at the time of Landlord’s consent to any such Alterations that Tenant would be required to remove such Alterations from the Premises at the expiration of the Term; , or (fii) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior such Alterations to the termination of the Term and the Demised Premises shall be restored to its condition without Landlord’s prior to written consent where such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredconsent is required.

Appears in 2 contracts

Sources: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)

Alterations. The Tenant a. IDC shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Sublease Premises (“Alterations”) without the Landlord's prior written consentconsent of University and Master Landlord. Any alterationsThe consent of University shall not be unreasonably withheld, improvements conditioned or additions in or about delayed. University has approved the Demised Premises planned alterations described on Exhibit F subject to compliance with the provisions of this Section 11; provided that Tenant shall desire to make IDC shall be submitted responsible for removing and restoring the same prior to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required , unless otherwise agreed to by Master Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant IDC shall be responsible for paying procuring the consent of Master Landlord at IDC’s expense (including, without limitation, the planned alterations described on Exhibit F). All alterations, additions or improvements shall be made in strict conformity with, and shall be subject to, the applicable terms and conditions of the Master Lease. b. University and Master Landlord shall at all reasonable times have the right to inspect all alterations, additions or improvements in the Sublease Premises (including without limitation any of Landlord's fees in reviewing Alterations) and the Plans construction thereof; provided that University and Specifications. At Master Landlord (to the extent so required under the Master Lease) shall comply with all reasonable confidentiality, safety and health requirements imposed by IDC or its contractors and shall not unreasonably interfere with completion of the alteration such alterations, additions or restoration, "as-built" plans improvements. IDC shall be delivered responsible for one hundred percent (100%) of any Additional Rent under the Master Lease and any fees or costs that must be paid to Master Landlord in connection with all alterations, additions or improvements performed by or for IDC. c. IDC shall not permit any liens to encumber the Sublease Premises. During the construction of any alterations, additions or improvements, IDC shall maintain worker’s compensation and such other insurance as is required under the Master Lease or by Master Landlord;. (i) Any alteration made by Tenant under this Paragraph 10 hereof shalld. Notwithstanding any provision to the contrary, if Master Landlord requires that IDC remove any Alteration, then IDC shall be responsible, at Landlord's optionIDC’s sole expense, become Landlord's property, or, at for the election removal of Landlord, shall be removed any such Alteration installed by IDC and for restoration of the Tenant thirty (30) days Sublease Premises prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredSublease Term.

Appears in 2 contracts

Sources: Sublease Agreement (Immune Design Corp.), Sublease Agreement (Immune Design Corp.)

Alterations. The Except as outlined in paragraph 20 herein, Tenant will not make, or permit anyone to make, any alterations in or additions to the Premises or Building; nor will it install any equipment of any kind that will require any alterations in or additions to the water system, plumbing system, heating system, air conditioning system, or the electrical system, without the prior written consent of Landlord. If such consent shall be given by Landlord, all such work shall be at Tenant’s expense and at such times and in such manner as Landlord may designate. Tenant shall not change permit any mechanic’s or materialmen’s liens to attach to the Demised Premises or make this leasehold interest. Tenant shall perform such alterations in accordance with all applicable governmental laws and ordinances and in accordance with the terms of this Lease. If any additions, such alterations, additions or improvements installations are made without such consent or contrary to the Demised Premises without the time and manner designated by Landlord's prior written consent. Any alterations, improvements Landlord may correct or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by remove them and Tenant shall be further subject to liable for any and all expenses incurred by Landlord in the following: (a) Tenant shall first obtain requisite permits includingperformance of this work. All alterations, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's additions or ground lessee's prior written consent; (c) Any alterations shall be installations made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that shall, unless Landlord elects otherwise, become the Demised Premises remains free property of any liens; (e) If requested by Landlord, post with Landlord adequate security and shall remain upon the Premises. In the event Landlord shall elect to assure restoration of the premises at terminate this Lease prior to the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change , such alterations, additions or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made installations by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall may be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises Tenant shall be restored to its condition prior to repair any damage caused by such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant removal, all at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed Tenant’s sole cost and the Demised Premises restoredexpense.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Alterations. Subject to the requirements of Section 12 of the Primary Lease, provided that Subtenant submits reasonably detailed plans therefor to Sublandlord and to Primary Landlord at least fifteen (15) business days before the commencement of construction, Subtenant shall be entitled to make interior, non-structural alterations to the Sublease Space from time to time, including, without limitation, the removal or relocation of interior, non-load bearing walls and partitions. Subtenant shall make no structural or exterior changes or alterations to the Sublease Space without the prior written consent of Primary Landlord and Sublandlord. The Tenant consent of Sublandlord shall not change the Demised Premises be unreasonably withheld or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consentdelayed. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations Subtenant shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the expiration or earlier termination of this Sublease, at its sole expense, restore the Term Sublease Space to the condition that existed prior to the making of any alterations made by Subtenant (ordinary wear and tear and any alterations consented to by Primary Landlord and Sublandlord excepted, unless such restoration was a condition to such consent), if then requested to do so by Sublandlord and Primary Landlord. This obligation of restoration shall expressly survive the Demised Premises expiration or earlier termination of this Sublease. Any work performed by Subtenant, or at its instance, in the Sublease Space shall be restored done in good and workmanlike manner using materials of the same quality as used by the Primary Landlord in constructing the building on the Primary Property. Subtenant shall not, at any time, permit any work to its condition be performed in the Sublease Space, except by duly licensed contractors or artisans, each of whom must carry adequate workmen’s compensation insurance, general public liability insurance, and “all-risk” builders risk insurance, certificates of which shall be furnished to Primary Landlord and Sublandlord prior to commencement of any such alterationwork. The security deposited under Paragraph 10(e) hereof Subtenant shall keep the Sublease Space free and clear of all mechanic’s liens arising out of any work performed or alleged to be returned performed for or at the request of Subtenant or its agents or subtenants. Nothing contained in this Sublease shall constitute any consent or request by Primary Landlord or Sublandlord, express or implied, for the performance of any labor or services, or the furnishing of any materials or other property in respect to the Tenant at Sublease Space, or any part thereof, nor as giving Subtenant any right, power or authority to contract for, or permit the end performance of, any labor or services, or the furnishing of any materials or other property, in such fashion as would permit the Term if making of any claim against the Primary Landlord elects to have and Sublandlord or their respective interests in the Property in respect thereof. In the event such improvement remainwork results in a claim of lien, or, returned to Tenant after restoration by Tenant if Subtenant shall hold Primary Landlord directs that said alteration be removed and the Demised Premises restoredSublandlord harmless from such lien or claim of lien.

Appears in 2 contracts

Sources: Sublease, Sublease (Trimeris Inc)

Alterations. The 17.1 Tenant shall not change the Demised Premises or make any additions, no alterations, additions or improvements (hereinafter in this article, “Improvements”) in or to the Demised Premises without the Landlord's ’s prior written consent, which shall not be unreasonably withheld; provided, however, it shall not be unreasonable for Landlord to withhold consent if the proposed Improvements would in the opinion of Landlord adversely affect the use of the Premises for generic laboratory-based research and development space as part of an integrated Building plan after the expiration or earlier termination of this Lease. Tenant shall deliver to Landlord final plans and specifications and working drawings for the Improvements to Landlord, and Landlord shall have ten (10) days thereafter to grant or withhold its consent. If Landlord does not notify Tenant of its decision within the ten (10) days, Landlord shall be deemed to have given its approval. 17.2 If a permit is required to construct the Improvements, Tenant shall deliver a completed, signed-off inspection card to Landlord within ten (10) days of completion of the Improvements, and shall promptly thereafter obtain and record a notice of completion and deliver a copy thereof to Landlord. 17.3 The Improvements shall be constructed only by licensed contractors or mechanics. Tenant shall use only those contractors listed on Exhibit H for the trades listed thereon; all other contractors shall be approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any alterationssuch contractor must have in force a general liability insurance policy of not less than $2,000,000 or such higher limits as Landlord may reasonably require, improvements or additions in or about the Demised Premises that which policy of insurance shall name Landlord as an additional insured. Tenant shall desire provide Landlord with a copy of the contract with the contractor or mechanic prior to make shall be submitted to Landlord in written form, with proposed detailed plans. the commencement of any alterations, improvements or additions proposed construction requiring Landlord’s consent. 17.4 Tenant agrees that any work by Tenant shall be further subject accomplished in such a manner as to the following:permit any fire sprinkler system and fire water supply lines to remain fully operable at all times except when minimally necessary for building reconfiguration work. (a) 17.5 Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, covenants and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid agrees that all work done by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying performed in full 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 full compliance with the rules, orders, directions, regulations, and requirements of any of Landlord's fees in reviewing the Plans and Specificationsapplicable fire rating bureau. At the completion of the alteration or restoration, "Tenant shall provide Landlord with “as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at showing any material change in the election of Landlord, shall be removed by the Tenant Premises within thirty (30) days after completion. 17.6 Before commencing any work, Tenant shall give Landlord at least five (5) days’ prior written notice of the proposed commencement of such work. 17.7 At the time Landlord consents to the Improvements pursuant to Section 17.1, Landlord shall identify those Improvements which Tenant shall be required to remove upon the expiration or earlier termination of the Term Lease, and Landlord and Tenant shall mutually identify those Improvements which Tenant may remove upon the Demised Premises expiration or earlier termination of this Lease. Landlord and Tenant shall list any such Improvements on Schedule 1 attached hereto, designating those which Tenant shall be restored required to its condition prior remove and those which Tenant may remove. With respect to such alteration. The security deposited under Paragraph 10(e) hereof those Improvements not so identified, Landlord and Tenant acknowledge and agree that Landlord’s approval of the final plans and specifications and working drawings for the Improvements pursuant to Section 17.1 shall be returned deemed Landlord’s and Tenant’s agreement that those Improvements not so identified shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. Those Improvements identified as Improvements which Tenant may remove are included within the term “Tenant’s Removable Property” defined in Section 30.3. Notwithstanding the provisions of Section 30.3, Tenant shall, at Landlord’s election, upon the expiration or earlier termination of this Lease, remove the Improvements which are identified as Improvements which Tenant shall be required to remove, and restore and return the Premises to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration condition they were in when first occupied by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredTenant.

Appears in 2 contracts

Sources: Lease (Genelux Corp), Lease (Genelux Corp)

Alterations. The Tenant shall not change make any alterations to the Demised Premises or make any additions, alterations, or improvements to the Demised Premises Business Park without the Landlord's prior written consentconsent which shall not be unreasonably withheld. Any If Landlord gives its consent to such alterations, improvements Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further not subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election approval of Landlord, shall be removed performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Tenant Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days prior before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the termination Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations. shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Demised Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary: a. Tenant shall not be required to remove any improvement or fixture installed by Tenant in, on or about the Premises pursuant to Tenant's repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required. b. Tenant shall be restored entitled to its condition prior to remove Tenant's furniture, equipment, trade fixtures and other personal property at the expiration of the term, provided Tenant repairs all damages caused by such alteration. The security deposited under Paragraph 10(e) hereof removal. c. Tenant shall be returned entitled to make alterations and utility installations in, on, under or about the Tenant at Premises without consent of Landlord, so long as the end cost of such alteration or utility installation does not (i) exceed the sum of $2,500; (ii) affect the structural or exterior portions of the Term if Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord elects fifteen (15) days prior advance written notice and copies of a description of the alteration along with building permit plans(s) and specifications to have such improvement remain, or, returned enable Landlord to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredpost any desired notices of non-responsibility.

Appears in 2 contracts

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

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits includingnot make any alterations, but not limited toadditions or improvements (collectively, a new Certificate of Occupancy"Alterations") in, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, on or to the Premises or any fee mortgagee's or ground lessee's part thereof without the prior written consent; (c) consent of Landlord. Any alterations Alterations, except for Tenant's movable furniture and equipment, shall be made promptly (unavoidable delays excepted)immediately become Landlord's property and, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant , shall maintain proper insurance as required remain on the Premises without compensation to Tenant; provided, however, that any such movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord unless promptly removed by Tenant. In the event Landlord shall consent to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with plans and specifications previously approved by Landlord; (g) No change , and any contractor or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall person selected by Tenant to make Alterations must first be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord. Before any Alterations shall be commenced, Tenant shall furnish Landlord with workmen's compensation and public liability insurance and shall comply with all applicable laws, including but not limited to the Mechanic's Lien Law of the State of Florida, ordinances, regulations, building codes, and if requiredshall obtain all required permits, inspections, and certificates as shall be required by all governmental agencies having jurisdiction thereof. Upon the fee mortgagee expiration or ground lessee. The sooner termination of the Term, Tenant shall be responsible for paying upon demand by Landlord, at Tenant's sole cost and expense, remove any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration Alterations made by or for the account of Tenant, which Landlord shall designate for removal, and Tenant under this Paragraph 10 hereof shall, at its sole cost and expense, repair and restore the Premises to its original condition. Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord's option. (b) Lessee shall not paint or install any signs in or on the Premises, become on the exterior doors, plate glass or exterior walls of the Premises or the Building, without the prior written consent of Landlord's property. Such written consent shall be required as to the content of the sign, orits size, material, format, the manner and method of its installation. Landlord reserves the right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as to harmonize the election sign with the overall appearance and design now or hereafter existing in the Building. Landlord reserves the right to change the sign policies and design criteria with respect thereto at any time during this Lease and Tenant agrees to conform to such changes within fifteen (15) days of Landlordreceipt of written notice from Landlord pertaining thereto. No furniture, doormats, or other objects shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration placed by Tenant if Landlord directs that said alteration be removed and in the Demised Premises restoredcorridors or elsewhere in or about the Building other than within the Premises.

Appears in 2 contracts

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

Alterations. The Tenant shall not change A. From time to time after delivery of the Demised Premises or Vessel into Charterer's service, Charterer may make any additionsstructural and other alterations to the Vessel, alterationsits machinery, or improvements to the Demised Premises without the Landlordelectrical equipment, only with Owner's prior written consent. Any alterationsapproval, improvements or additions in or about which shall not be unreasonably withheld, provided the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject alterations to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, Vessel and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's its equipment are returned to their original state at or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term this Charter and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end Redelivery of the Term if Landlord elects Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for such equipment should the lease permit or may require Charterer to have such improvement remainequipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, orCharterer shall have the right to remove same upon Redelivery, returned provided that if Owner desires to Tenant after restoration retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by Tenant this Article are subject to approval by the Vessel's classification society and, if Landlord directs required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that said alteration be removed certain Master Lease Agreement (Palm Beach Princess and Empress II Gaming Equipment), dated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and Charterer and ITGV ("Master Lease"), as lessee, without the prior written approval of PDS Gaming Corporation and Owner. B. Charterer's house colors are currently painted on the Vessel, and the Demised Premises restoredVessel shall continue to be so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and shall pay for all associated costs therefor. Prior to Redelivery, Charterer shall rename the Vessel at its expense in accordance with Owner's reasonable instructions. However, Owner shall in no event have the right to the use of Charterer's trademark following Redelivery. C. The Vessel shall be kept painted and metal surfaces preserved at all times, and Charterer shall maintain the Vessel in as good a condition as delivered, normal wear and tear excepted.

Appears in 2 contracts

Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc), Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Leased Premises without the Landlord's ’s prior written consent. Any , and all alterations, additions or improvements or additions made by either of the parties hereto upon the Leased Premises, except movable office furniture put in or about at the Demised Premises that Tenant shall desire to make expense of the Tenant, shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost property of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election sole option of the Landlord, shall remain upon and be removed by surrendered with the Tenant thirty (30) days prior to Leased Premises at the termination of this Lease, without molestation or injury, or at Landlord’s request, and at Tenant’s sole expense, the Term and the Demised Leased Premises shall be restored to its condition prior to such alterationoriginal condition. The security deposited under Paragraph 10(e) hereof Tenant shall be returned only use contractors, which have been approved in writing by Landlord for any permitted alterations to the Leased Premises, and shall not permit any mechanic’s liens to be placed or remain upon the Leased Premises, the Building or the Property and shall discharge same immediately in accordance with Paragraph 6(B). Tenant will not overload the electrical wiring and will not install any additional electrical wiring, computer cables or plumbing unless it has first obtained Landlord’s written consent thereto, and if such consent is given, Tenant will install same at its own cost and expense and will thereafter be responsible for maintaining it at Tenant’s sole cost and expense. Before commencing any improvements or alteration work in the end Leased Premises, Tenant shall require all contractors of Tenant performing such work in the Leased Premises to carry and maintain, at no expense to Landlord, any or all of the Term following insurance policies as determined by Landlord written by companies acceptable to Landlord: (i) commercial general liability insurance, which shall name Tenant and Landlord as additional insureds, in such amounts as required by Landlord and with any endorsements that Landlord requires; (ii) workers’ compensation insurance in such amounts required by law and covering all persons employed by said contractor and engaged in the work; (iii) [if applicable] comprehensive automobile liability insurance in such amounts as required by Landlord; and (iv) insurance against such other perils or legal risks and in such amounts as Landlord elects may from time to have such improvement remaintime establish. Upon Landlord’s request, or, returned Tenant shall furnish to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredduplicate original counterparts of any or all insurance policies required pursuant to Paragraph 11 herein above.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.), Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.)

Alterations. The 11.1 Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises (collectively, the "Alterations") without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cuffing or otherwise defacing the Demised Premises. Tenant shall furnish complete plans and specifications to Landlord at the time it requests Landlord's consent to any Alterations if the desired Alterations (i) will affect the Industrial Complex's mechanical, electrical, plumbing, or life safety systems or services, or (ii) will affect any structural component of the Demised Premises or the Industrial Complex, or (iii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iv) will cost in excess of Twenty-Five Thousand Dollars ($25,000.00). Subsequent to obtaining Landlord's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant's sole cost and expense by a contractor approved in writing by Landlord. Tenant shall give Landlord not less than ten (10) days advance written notice of the commencement of Tenant's Alterations to enable Landlord to post and record notices of nonresponsibility. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Demised Premises shall be completed in accordance with plans and specifications which must be approved by Landlord, shall be carried out in a good, workmanlike and prompt manner and in accordance with the provisions of EXHIBIT "C" annexed hereto, shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Industrial Complex in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Industrial Complex in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any alterations, improvements or additions in or about Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises that upon the expiration or sooner termination of this lease, except Tenant shall desire to make shall be submitted to Landlord in written formupon demand by Landlord, at Tenant's sole cost and expense, forthwith and with proposed detailed plans. all due diligence remove all or any alterations, improvements or additions proposed portion of any Alterations made by Tenant shall which are designated by Landlord to be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, removed and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans repair and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that restore the Demised Premises remains free of in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. Notwithstanding the foregoing, prior to commencing any liens; (e) If requested by Alterations, Tenant may request Landlord, post with Landlord adequate security to assure restoration 's waiver of the premises at the end of the Term;restoration obligation with respect to specified Alterations, which waiver may be granted or withheld by Landlord in its sole discretion. (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made 11.2 All construction work done by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and within the Demised Premises shall be restored performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to its condition cause a minimum of interference with other construction in progress and with the transaction of business in the Industrial Complex. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. 11.3 In the event Tenant uses a general contractor to perform construction work within the Demised Premises, Tenant shall, prior to the commencement of such alterationwork, require said general contractor to execute and deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Industrial Complex to which such contractor might at any time be entitled. The security deposited under Paragraph 10(e) hereof delivery of the waiver and release of lien within the time period set forth above shall be returned a condition precedent to Tenant's ability to enter on and begin its construction work at the Demised Premises and, if applicable, to any reimbursement from Landlord for its construction work. 11.4 Nothing contained in this lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant at the end with respect to any portion of the Term if Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Tenant and any subtenants shall have no power to do any act or make any contract which may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES. 11.5 In the event that Landlord elects to have remodel all or any portion of the Industrial Complex, Tenant will cooperate with such improvement remainremodeling, orincluding Tenant's tolerating temporary inconveniences (and even the temporary removal of Tenant's signs in order to facilitate such remodeling, returned as it may relate to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the exterior of the Demised Premises restoredPremises).

Appears in 2 contracts

Sources: Industrial Complex Lease (Ariba Inc), Sublease (Ariba Inc)

Alterations. The (a) Tenant shall not change the Demised Premises or make any additionsnot, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterationsconsent of Landlord, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed to the Premises. If 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 plans and specifications for the work (but Tenant shall not be entitled to rely upon such approval as evidencing that the plans and specifications are proper in any respect), use of Landlord's approved contractors to perform the work, insurance against liabilities which may arise out of such work, permits necessary for such work and as-built drawings upon completion of such work and its completion free of mechanics', materialmen's and similar liens or claims thereof. Tenant shall not be obligated to provide security for such alterations. All work done by Tenant or its contractors shall be done in a first-class workmanlike manner, using only good grades of materials and without disturbing other tenants and shall comply with all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental departments or agencies. Any work performed by or for Tenant shall be further subject to performed by competent workmen whose labor union affiliations are compatible with those of the following: (a) Tenant shall first obtain requisite permits includingworkmen who may be employed in the Building by Landlord, but not limited to, a new Certificate of Occupancy, if necessaryits contractors or subcontractors, and authorizations from governmental authorities having jurisdiction;Landlord shall have the right, at its option, to directly supervise the work, which supervision shall be for the protection of Landlord's interest only. (b) ObtainIf Tenant requests that Landlord, if applicablethrough its contractors, perform the work associated with any fee mortgageealteration, improvement or addition to the Premises, and Landlord agrees, in its sole discretion, to perform such work, Landlord shall provide Tenant with a Tenant Work Order describing the work to be performed by Landlord and stating the total cost to Tenant for the performance of the work. Upon Tenant's or ground lessee's prior written consent;acceptance of the Tenant Work Order, the total cost for the work stated therein shall become a sum required to be paid under this Lease and subject to the provisions of Paragraph 21. All work performed by Landlord under this subparagraph 8(b) shall be subject to the provisions of subparagraph 8(a). (c) Any alterations shall be made promptly (unavoidable delays excepted)All alterations, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change additions or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration improvements made by Tenant under this Paragraph 10 hereof shalland all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises or, at Landlord's option, become Landlord's property, or, at any or all of the election of Landlord, foregoing shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation or removal thereof. Tenant thirty (30) days prior shall not permit or suffer any signs advertisements or notices to the termination be displayed, inscribed upon or affixed on any part of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end outside or inside of the Term if Premises, or in the Building, except on the entrance doors of the Premises, and then only of such size, color and style as Landlord elects may approve. Landlord shall have the right to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredremove unauthorized signs at Tenant's expense.

Appears in 1 contract

Sources: Lease Agreement (Kbkids Com Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a new Certificate good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or structure of Occupancy, if necessarythe Premises or improvements and without overloading or damaging the Premises or improvements, and authorizations in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from governmental authorities having jurisdiction;securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Landlord shall so notify Tenant and if Tenant shall fail to correct same within ten days of demand made therefor, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) ObtainAny and all alterations, if applicableadditions, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted)improvements, in a workmanlike manner in accordance with any alteration plans partitions and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid fixtures erected by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any the property of Landlord's fees in reviewing Landlord and shall remain at the Plans and Specifications. At the completion Premises upon termination of the alteration Lease or restorationupon earlier vacating of the Premises. All shelves, "as-built" plans shall be delivered to Landlord; (i) Any alteration made bins, machinery and trade fixtures installed by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall may be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall this Lease provided such removal may be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned accomplished without damage to the Premises or to the primary structure or structural qualities of the Building and other improvements situated on the Premises. Tenant shall repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises unless such requirement is in writing by Landlord at the end time of termination of the Term if Lease. Should Tenant fail to conduct any such repair within ten business days of written notice from Landlord, Landlord elects may, at its option, perform same, and Tenant shall remit payment to have Landlord for the actual cost and expense incurred by Landlord in effecting such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredrepair immediately upon demand.

Appears in 1 contract

Sources: Lease Agreement (Sciquest Com Inc)

Alterations. The Tenant After obtaining the prior written consent of Lessor, Lessee may make alterations, additions and improvements in the Premises (so long as such alterations, additions or improvements are not structural in nature and not visible from the exterior of the Premises) at its sole cost and expense. Lessee agrees to save Lessor harmless from any damage, loss, or expense arising therefrom and to comply with all laws, ordinances, rules and regulations. Upon termination of this Lease, all of the then-existing alterations, additions and improvements made in, to or on the Premises by Lessee or by Lessor as part of the initial improvements (including without limitation all electrical, lighting, plumbing, heating, air conditioning, and communications equipment and systems, doors, windows, partitions, drapery, carpeting, shelving, counters, and other physically attached fixtures unless excluded by written agreement between Lessor and Lessee) shall not change remain upon and be surrendered as a part of the Demised Premises or make any Premises; provided however, Lessee shall remove those additions, alterations, or improvements (other than the Building standard improvements) as may be specified by Lessor, and repair and restore the Premises to its original condition at Lessee's sole cost and expense prior to expiration of the Term. Lessee may request, and Lessor shall comply with such request within ten (10) days after Lessor's receipt of such request, at the time it obtains Lessor's approval to make alterations, that Lessor identify in writing any specific item that Lessor requires to be removed at the termination of this Lease. Notwithstanding the foregoing to the Demised Premises without contrary, Lessee shall have no obligation to remove any of the Landlord's prior written consentLessee Improvements made pursuant to EXHIBIT D hereto, unless specifically identified by Lessor in EXHIBIT D hereto. Any alterationsstructural and other changes, improvements alterations or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits includingBuilding, but not limited tothe Premises or the Common Areas which may be necessary or required by reason of any law, a new Certificate of Occupancyrule, if necessary, and authorizations from regulation or order promulgated by competent governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations authority shall be made promptly (unavoidable delays excepted)by Lessor after receipt of valid written notice from such authorized governmental authority requiring such change, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredaddition.

Appears in 1 contract

Sources: Office Lease (Shopnow Com Inc)

Alterations. The Tenant shall not change make no additions, changes, alterations or improvement (the Demised "Work") to the Premises or make any additions, alterations, or improvements the Systems and Equipment pertaining to the Demised Premises without the prior written consent of Landlord which shall not be unreasonably withheld Landlord may impose as a condition of such consent such requirement as Landlord in its sole discretion deems necessary or desirable including, without limitation, the submission of plans and specifications for Landlord's prior written consent. Any alterationsapproval, improvements obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or additions the structure of the Property, and requirement as to the manner and times in or about the Demised Premises that Tenant shall desire to make which such Work shall be submitted to Landlord in written form, with proposed detailed plansdone. any alterations, improvements or additions proposed by Tenant All Work shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, performed in a new Certificate of Occupancy, if necessary, good and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations workmanlike manner and all materials used shall be made promptly (unavoidable delays excepted), of a quality comparable to or better than those in a workmanlike manner the Premises and Property and shall be in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and specifications approved in writing by Landlord, and if requiredLandlord may require that all such Work be performed under Landlord's supervision. In all cases, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying pay Landlord a fee of Five percent (5%) of the total cost of any of Work exceeding Ten Thousand dollars ($10,000.00) to cover Landlord's fees overhead in reviewing the Plans Tenant's plans and Specifications. At the completion specifications and performing any supervision of the alteration Work. If Landlord consents or restorationsupervises, "as-built" plans the same shall not be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior deemed a warranty as to the termination adequacy of the Term design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the Demised Premises same. Landlord shall be restored under no circumstances have any obligation to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end repair, maintain or replace any portion of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredWork.

Appears in 1 contract

Sources: Office Lease (N2h2 Inc)

Alterations. The Except as set forth herein, Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises without the Landlord's prior written consent. Any alterationsconsent of Landlord Tenant, improvements at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Premises or additions in the Building, (ii) such items do not overload or about the Demised Premises that Tenant shall desire to make shall damage same, (iii) such items may be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject removed without injury to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessaryPremises, and authorizations from (iv) the construction, erection or installation thereof complies with all applicable governmental authorities having jurisdiction; (b) Obtainlaws, if applicableordinances, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted)regulations and with Landlord’s specifications and requirements. With respect to tenant improvements constructed after Substantial Completion, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying compliance with The Americans With Disabilities Act of 1990 Landlord shall be responsible for having the shell building and Tenant Improvements upon Substantial Completion comply with The Americans With Disabilities Act of 1990 Without implying any consent of Landlord's fees in reviewing Landlord thereto, all alterations, additions, improvements and partitions erected by Tenant shall be and remain the Plans and Specificationsproperty of Tenant during the term of this Lease. At Tenant may remove, either during or at the completion termination of the alteration or restorationLease, "as-built" plans shall be delivered all bus duct, all elements relating to Landlord; (i) Any alteration made the cleaning and packaging room, the exhaust system for the grinding and polishing room, the air compressors to run the internal compressed air lines and the outside signage All shelves, bins, machinery and trade fixtures installed by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition, wear and tear excepted. All alterations, installations, removals and restorations 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 or other improvements situated on the Premises or of which the Premises are a part. Tenant is allowed to make changes to the space upon the Landlord’s consent Tenant is allowed to make, without consent, up to $50,000 per year of improvements to the Premises subsequent to the construction of the initial Tenant Improvements, if such improvements do not affect the structure of the Building Except for improvements made by the Tenant thirty to the mezzanine level of the Premises, any such improvements are subject to demolition upon the termination or expiration of this Lease if Landlord notifies Tenant prior to the time that the improvements are constructed that demolition will be required at the termination or expiration of this Lease Improvements to the mezzanine level of the Premises may be required to be demolished at the termination of the Lease If required, Landlord must notify Tenant of such requirement at least three (303) days months prior to the termination of the Term and the Demised Premises shall Lease Any demolition required under this provision is to be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant performed by Tenant, at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredTenant’s costs.

Appears in 1 contract

Sources: Lease Agreement (DJO Finance LLC)

Alterations. The Tenant shall not change the Demised Premises reconstruct, remodel or make any additions, alterations, or improvements to alter the Demised Premises without the prior written consent of Landlord, which shall not be unreasonably withheld, and, if and to the extent required by any mortgage(s) of the Demised Premises, of the mortgagee(s) of the Demised Premises. 11.1. As a condition to Landlord's prior written consent. Any alterationsconsent to any repair, improvements reconstruction, remodeling or additions in or about alteration of the Demised Premises that which is reasonably projected to cost $25,000 or more, Landlord may require Tenant shall desire or Tenant's contractor to make shall be submitted post a payment and completion or other bond satisfactory to Landlord insuring the proper and timely completion of such repair, reconstruction, remodeling or alteration. 11.2. Tenant agrees to fully pay and discharge all claims for labor and materials furnished in written formconnection with the repair, with proposed detailed plans. any alterationsreconstruction, improvements remodeling or additions proposed by Tenant shall be further subject alteration of the Demised Premises, to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessarylien releases for labor or materials for which payment has been made, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost to take all other reasonable steps to forestall the assertion of the alterations shall be paid by Tenant so that lien claims against the Demised Premises remains free Premises. 11.3. All work done in connection with the repair, reconstruction, remodeling or alteration of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alterationperformed in compliance with all applicable laws, ordinances, rules and regulations. 11.4. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end repair, reconstruction, remodeling or alteration of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredshall be performed in compliance with any mortgages of the Demised Premises. 11.5. No repair, reconstruction, remodeling or alteration of the Demised Premises shall be effected unless and until Tenant has obtained all required permits and consents from all governmental entities or agencies having jurisdiction over the Demised Premises. 11.6. All alterations and improvements constructed by Tenant upon the Demised Premises shall, upon termination of this Lease, belong to Landlord. 11.7. Tenant shall save and hold Landlord harmless from any and all liability of any kind on account of the repair, reconstruction, remodeling or alteration of the Demised Premises. 11.8. Prior to commencement of any work, alteration or repair to or of the Demised Premises by anyone other than Tenant or the employees of Tenant, Tenant shall give Landlord sufficient notice thereof to permit Landlord to timely post or affix on or to the Demised Premises notices of nonresponsibility.

Appears in 1 contract

Sources: Lease (Unison Healthcare Corp)

Alterations. The Tenant Except for the “Permitted Alterations”, Subtenant shall not change the Demised Premises or make any alterations, additions, alterations, modifications or improvements to the Demised Subleased Premises without the Landlord's prior written consentconsent of Sublandlord. Any alterations to the Subleased Premises shall become the property of Sublandlord and Landlord and shall remain upon and shall be surrendered with the Subleased Premises at the termination or expiration of this Sublease, without molestation or injury, unless Sublandlord and/or Landlord consents in writing to Subtenant’s removal of such alterations and thereupon, Subtenant repairs any damage or injury caused thereby in a good workmanlike manner. All alterations, additions, modifications or improvements by Subtenant or additions in or about the Demised Premises that Tenant shall desire to make removal thereof, shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, free from all liens and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations encumbrances and shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with all applicable laws and governmental regulations; . Subtenant hereby agrees to defend, indemnify and hold harmless, Landlord, Sublandlord and its Affiliates (das hereinafter defined) from and against any such liens, encumbrances and violations of laws and regulations and any and all claims, suits, liabilities, damages, penalties, losses, costs or expenses (including attorney’s fees) which may be imposed upon, incurred by or asserted against Sublandlord and/or the Affiliates with respect thereto and the indemnity given hereby shall survive the termination or expiration of this Sublease. The cost term “Permitted Alterations” means those alterations made to the Premises as described on Exhibit “__” attached hereto. Subtenant agrees to remove all Permitted Alterations prior to expiration of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of Sublease and return the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shallto its original condition. Landlord approved Permitted Alterations, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted provided Sublandlord causes Subtenant to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days remove Permitted Alterations prior to the termination expiration of the Term and the Demised Premises shall be restored to its condition prior to such alterationSublease. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restored9.

Appears in 1 contract

Sources: Sublease Agreement (Probe Manufacturing Inc)

Alterations. The Tenant shall not change the Demised Premises or may make any additions, alterations, additions or improvements to the Demised Premises, including any Tenant's Work identified on attached Exhibit C (the “Alterations”), with the prior written consent of Landlord, which, with respect to Alterations not affecting the structural components of the Premises or utility systems therein, shall not be unreasonably withheld, conditioned, or delayed. Landlord shall have thirty (30) days in which to respond to Tenant's request for any Alterations so long as such request includes the name of Tenant's contractors and reasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, movable partitions, Tenant's equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, the Building, or the Property, and Landlord's prior written consentconsent shall not be required for Tenant's installation or removal of those items. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgageeperform all work at Tenant's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans expense and in compliance with all applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested complete all Alterations in accordance with plans and specifications approved by Landlord, post using contractors approved by Landlord, and in a manner so as not to unreasonably interfere with other tenants. Tenant shall pay, when due, or furnish a bond for payment (as set forth in Section 20) all claims for labor or materials furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanics' or materialmens' liens against the Premises or the Property or any interest therein. Landlord adequate security shall be deemed the owner of all Alterations except for those which Landlord requires to assure restoration of the premises be removed at the end of the Term; (f) Lease. Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant remove all Alterations at the end of the Term if Lease term unless Landlord elects conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration. Tenant shall immediately repair any damage to have such improvement remain, or, returned to Tenant after restoration the Premises caused by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredremoval of Alterations.

Appears in 1 contract

Sources: Lease Agreement

Alterations. The Tenant A. Subtenant shall not change the Demised Premises or make any additions, alterations, alterations in or improvements additions to the Demised Premises ("Alterations") without the Landlord's prior written consentconsent of Sublandlord and Prime Landlord (if required). Any alterationsAs used herein, improvements or additions the term "Alterations" shall include the initial work to be performed by Subtenant to prepare the Premises for the conduct of Subtenant's business. If Sublandlord consents to any proposed Alteration, Sublandlord shall request the consent of Prime Landlord, if such consent is required under the Prime Lease. If Alterations by Subtenant are consented to as aforesaid, Subtenant shall comply with all of the covenants of Sublandlord contained in or about the Demised Premises that Tenant shall desire Prime Lease pertaining to make the performance of such Alterations (which covenant, including, without limitation, any insurance obligations, shall be submitted for the benefit of both Sublandlord and Prime Landlord). In addition, Subtenant shall indemnify, defend and hold harmless Sublandlord and Prime Landlord against liability, loss, cost, damage, liens and expense imposed on Sublandlord or Prime Landlord arising out of the performance of Alterations by Subtenant, including, without limitation, the removal of the Alterations as contemplated pursuant to Landlord Section 17 hereof. B. Without limiting the generality of the foregoing, Subtenant shall perform all Alterations (i) at Subtenant's sole cost and expense, (ii) using contractors, mechanics or any other professionals that have been approved by Sublandlord and Prime Landlord, which approval shall not be unreasonably withheld by Sublandlord, (iii) in written formaccordance with plans and specifications approved by Sublandlord and Prime Landlord, and (iv) in a good and workmanlike manner employing materials of good quality and so as to comply with proposed detailed plans. any alterationsall zoning, improvements or additions proposed by Tenant shall be further subject building, fire, health, safety and other codes, ordinances, laws and regulations relating to the following: (a) Tenant shall first obtain requisite permits such construction including, but not limited to, a new Certificate certificate of Occupancyoccupancy, if necessarypermit and Americans with Disabilities Act requirements. All such work shall be subject to the supervision and review of Sublandlord and its employees and agents. Subtenant shall be required to pay any supervisory or other fee payable to Prime Landlord with respect to the applicable work. Any work requiring access to, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicableor going through, any fee mortgagee's space other than the Premises must receive the written approval of both Sublandlord and Prime Landlord. C. Sublandlord may impose reasonable guidelines as may be necessary to protect its occupancy, security and operational requirements, including placing reasonable restrictions on times when any work may be performed in order to prevent undue interference with the rights, business operations and access to the Building (including parking and common areas) and the respective premises of all other occupants of the Building. In constructing and completing any work in or ground lessee's prior written consent; about the Premises, Subtenant (cits employees, agents and contractors) Any alterations shall be made promptly (unavoidable delays excepted), do so in a workmanlike manner so as to prevent undue intrusion and noise to Sublandlord or other tenants in accordance with any alteration plans the Building. As a condition of its approval and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination commencement of any work, Sublandlord may require that Subtenant post a completion bond or security deposit in an amount reasonably required by Sublandlord to cover the Term and the Demised Premises shall be restored to its condition prior to cost of any such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredproposed work.

Appears in 1 contract

Sources: Sublease (Epocrates Inc)

Alterations. The Tenant shall not, without the prior written approval of the Landlord, make any installations, alterations, additions, partitions, repairs or improvements in or to the Leased Premises, including, without limitation, doing anything which might affect the roof or any structural portion or portions of the Building (the “Structure”) or the electrical, mechanical, lighting, heating, ventilating, air-conditioning, sprinkler, fire protection or other systems therein (the “Systems”). The Tenant’s request for approval shall be in writing and accompanied by an adequate description of the contemplated work, and where appropriate, working drawings and specifications therefor; the Landlord’s costs of having its architects, engineers or others examine such drawings and specifications shall be payable by the Tenant upon demand as Additional Rent. All such work shall be done at the Tenant’s cost by competent, reputable and duly licensed contractors/workmen. All such work shall be subject to inspection by and the reasonable supervision of the Landlord and shall be performed in accordance with all applicable laws and any reasonable conditions (including but not limited to a reasonable supervision fee of the Landlord to be paid by the Tenant) and regulations imposed by the Landlord, and shall be completed in a good and workmanlike manner and with reasonable diligence in accordance with the approvals given by the Landlord. The Landlord may require that any work which might affect the roof or the Structure (or any part thereof) or the Systems (or any part thereof) be done, at the Landlord’s option, by (i) the Landlord’s contractors or workmen or (ii) contractors or workmen engaged by the Tenant but first approved by the Landlord. Any connections of apparatus to the base electrical, plumbing, heating, ventilating or air-conditioning systems shall be deemed to be an alteration within the meaning of this Section. The Tenant shall, at its own cost and before commencement of any work, obtain all necessary building or other permits and keep same in force. The Tenant shall not change be required by the Demised Premises or make any additionsforegoing provisions of this Section to obtain the prior written consent of the Landlord for minor, alterations, or improvements non-structural alterations and installations (collectively the “Work”) by the Tenant to the Demised Premises without Building if all of the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the followingfollowing conditions apply: (a) Tenant shall first obtain requisite permits including, but the Work does not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdictioncost more than $20,000.00 in total to complete; (b) Obtainthe Work does not require a building permit, if applicable, work permit or other permit from any fee mortgagee's or ground lessee's prior written consentgovernmental authority; (c) Any alterations shall be made promptly the Work does not affect the roof, the Structure or the Systems, or any part thereof; and the Building, provided that (unavoidable delays excepted)i) the Tenant enters into and maintains at its own cost a maintenance service contract approved in advance by the Landlord for such system during the said period, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws (ii) the said system is duly and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises properly maintained and repaired at the end of Tenant’s sole cost throughout the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lesseesaid period. The Tenant shall be responsible for paying acknowledges that any of Landlord's fees in reviewing and all replacements arising from any failure to properly maintain and repair the Plans and Specifications. At said system (or any part thereof) or from the completion willful acts or omissions of the alteration Tenant, its employees, agents, contractors, invitees, representatives or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, others for whom at Landlord's option, become Landlord's property, or, at the election of Landlordlaw it is responsible, shall be removed by the Tenant thirty (30) days prior to the termination responsibility of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredTenant.

Appears in 1 contract

Sources: Lease Agreement (Hydrogenics Corp)

Alterations. The Tenant shall not change the Demised Premises or make any additions, no alterations, installations, additions or improvements in, on or to the Demised Leased Premises without the Landlord's prior written consent, not to be unreasonably withheld. Any All such work shall be designed and made in a manner, and by architects, engineers, workmen and contractors, satisfactory to Landlord, in its reasonable discretion. All alterations, installations, additions and improvements (including, without limitation, paneling, partitions, millwork and fixtures) made by or additions for Tenant to the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Leased Premises; provided, Landlord may require Tenant to remove any or all of such items that are not Building standard upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Leased Premises in or about order to restore the Demised Leased Premises that to the condition existing at the time Tenant took possession. Landlord shall notify Tenant in writing of any such removal requirement at the time of installation of such non-Building standard items. Tenant shall desire to make shall be submitted to Landlord in written formbear the costs of removal of Tenant's property from the Building and of all resulting repairs thereto. Upon removal of such items, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject restore the Leased Premises to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises condition existing at the end time Tenant took possession, excluding normal wear and tear. Notwithstanding the foregoing, upon the expiration or earlier termination of the Term; (f) this Lease, Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's optionrequest and upon written notification from Landlord, become remove all telephone and data wiring installed by Tenant from the Leased Premises, and Tenant shall repair any damage to the Leased Premises caused by any such removal. Tenant shall bear the costs of removal of Tenant's property from the Building and of all resulting repairs thereto. All work performed by Tenant with respect to the Leased Premises shall: (a) not alter the exterior appearance of the Building or adversely affect the structure, safety, systems or services of the Building; (b) materially comply with all Building safety, fire and other codes and governmental and insurance requirements; (c) not result in any usage in excess of Building standard of water, electricity, gas, heating, ventilating or air conditioning, (either during or after such work) unless prior written arrangements satisfactory to Landlord are entered into; (d) be completed promptly and in a good and workmanlike manner; (e) be performed in such a manner that does not cause interference or disharmony with any labor used by Landlord, Landlord's propertycontractors or mechanics or by any other tenant or such other tenant's contractors or mechanics; and (f) not cause any mechanic's, ormaterialman's or other similar liens to attach to Tenant's leasehold estate. Tenant shall not permit, at the election of or be authorized to permit, any liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, shall be removed by the Tenant thirty (30) days prior estates and interests with respect to the termination Building or this Lease in connection with any work done by or on behalf of the Term Tenant, and the Demised Premises Tenant shall be restored to its condition prior to indemnify and hold Landlord harmless against any such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredliens.

Appears in 1 contract

Sources: Lease Agreement (Pozen Inc /Nc)

Alterations. The Tenant shall not change make or suffer to be made any ----------- alteration, addition or improvement to or of the Demised Premises or make any additions, part thereof (collectively referred to herein as "alterations, or improvements to the Demised Premises ") without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) the prior written consent of Landlord, which consent shall not be unreasonably withheld, (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or similar body. Landlord's consent to any requested alteration shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, .state, municipal, county and other governmental authorities. Any alteration made by Tenant under this Paragraph 10 hereof shall(excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting the foregoing, at Landlord's optionall heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning, partitioning, drapery, window covering and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become Landlord's property, or, at an integral part of the election of Landlordbuilding in which the Premises are a part, shall upon installation be removed by and become part of the Tenant thirty (30) days prior Premises and belong to Landlord and shall not be deemed trade fixtures. All such alterations shall remain upon and be surrendered with the Premises at the termination of the Term and lease. If Landlord consents to the Demised Premises making of any alteration by Tenant, the same shall be restored made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose. Tenant shall, if required by Landlord, secure at Tenant's cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly remove any such alteration made by Tenant and designated by Landlord to be removed, repair any damage to the Premises caused by such removal and restore the Premises to its condition existing prior to such alteration. The security deposited under Paragraph 10(e) hereof Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of Landlord unless promptly removed by Tenant. If during the term any alteration, addition or change of the Premises is required by law, regulation, ordinance or order of any public authority, Tenant, at its sole cost and expense, shall promptly make the same. If during the term any alterations, additions or changes to the Common Area or to the Project or building in which the Premises is located is required by law, regulation, ordinance or order of any public or quasi-public authority, and it is impractical, in Landlord's judgment, for the affected tenants to individually make such alterations, additions or changes, Landlord shall make such alterations, additions or changes and the cost thereof shall be returned a direct expense and Tenant shall pay its percentage share of said cost to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed as provided in paragraphs 4 and the Demised Premises restored5.

Appears in 1 contract

Sources: Sublease (Ebay Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, no alterations, installations, additions or improvements in or to the Demised Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld. Any All alterations, improvements installations, additions, or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written formimprovements, with proposed detailed plans. any alterationsother than movable furniture and trade fixtures, improvements or additions proposed made by Tenant shall be further subject to the following: (a) Tenant Premises shall first obtain requisite permits including, but not limited to, a new Certificate remain upon and be surrendered with the Premises and become the property of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgageeLandlord at the expiration or termination of this Lease or the termination of Tenant's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost right to possession of the alterations shall be paid by Tenant so Premises; provided, however, that Landlord may require Tenant, at Tenant's cost, to remove any or all of such items that are not building standard upon the Demised Premises remains free expiration or termination of any liens; (e) If requested by Landlord, post with Landlord adequate security this Lease or the termination of Tenant's right to assure restoration possession of the premises Premises, provided Landlord notified Tenant of such removal requirement at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any time of Landlord's fees in reviewing the Plans and Specifications. At the completion of the written consent torch alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shalladdition. Tenant, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days its sole cost and prior to the expiration or termination of this Lease, shall remove all of Tenant's property from the Term Premises and make, or reimburse Landlord for the Demised cost of all repairs to the Premises and/or Project for damage resulting from such removal. All work shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof completed promptly and in a good and workmanlike manner and shall be returned performed in such a manner that no mechanic's, materialmen's or other similar liens shall attach to Tenant's leasehold estate and in no event shall Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against Landlord or Landlord's rights, estate and interests with respect to the Tenant Project or this Lease. Landlord may require, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to the end estimated cost of any improvements, additions or alterations in the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredPremises.

Appears in 1 contract

Sources: Lease Agreement (Spacehab Inc \Wa\)

Alterations. The Other than the Initial Tenant Improvements, Tenant shall not change make no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises or make any additionsthe Building, alterationsstructural or otherwise, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterationsTenant, improvements at its sole cost and expense, must provide Landlord with a copy of the full floor mechanical and electrical plans for the floor or additions in or about floors of the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written formon which the Alterations are being made, with proposed detailed plans. any alterationsrevised by the Building architect and engineers, improvements or additions showing the Alterations proposed by Tenant for Landlord's approval. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be further subject to liable for any and all expenses incurred by Landlord in the following: (a) Tenant performance of such work. All Alterations shall first obtain requisite permits includingbe at Tenant's sole expense, but not limited toshall comply with all laws, a new Certificate rules, orders and regulations of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations jurisdiction thereof and shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans at such time and in compliance such manner as Landlord determines will not unreasonably interfere with applicable laws and governmental regulations; (d) The cost the use of the alterations Building by other Tenants and their respective premises. All Alterations shall be paid made only by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance such contractors or mechanics as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and are approved in writing by Landlord. Such approval shall not be unreasonably withheld or delayed. Approval of contractors or mechanics by Landlord shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience and past job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and if requiredwhether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations made by the fee mortgagee or ground lesseeTenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of an Alteration at the time Landlord consents to the Alteration. The Tenant Removal of Tenant's Property and Alteration shall be responsible for paying any of Landlordat Tenant's fees in reviewing the Plans cost and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by expense and Tenant under this Paragraph 10 hereof shall, at Landlordits cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's optionProperty, it shall become Landlord's property, or, at the election property of Landlord, shall . In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the Tenant thirty (30) days prior to the termination expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to at Tenant's expense and the Tenant at hereby agrees to reimburse the end Landlord for the cost of such removal together with any and all damages which the Landlord may suffer and sustain by reason of the Term if Landlord elects failure of Tenant to have such improvement remain, or, returned to remove the same. Tenant after restoration further acknowledges that any violation of the foregoing requirement by Tenant if will jeopardize Landlord's bond financing for the Building project of which the leased premises is a part and could likely cause Landlord directs that said alteration to suffer and incur substantial monetary damage or injury to which Tenant would be removed and the Demised Premises restoredliable.

Appears in 1 contract

Sources: Lease Agreement (Startec Global Communications Corp)

Alterations. The Tenant shall not change the Demised Premises or may make any additions, alterations, additions or improvements to the Demised Premises Premises, including any Tenant's Work identified on attached Exhibit C ("Alterations"), with the prior written consent of Landlord, provided that Landlord will not unreasonably withhold or delay its consent to nonstructural Alterations. The term "Alterations" shall not include the installation of shelves, movable partitions, Tenant's equipment, and trade fixtures which may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord's prior written consentconsent shall not be required for Tenant's installation of those items. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord complete all Alterations at Tenant's expense in written form, compliance with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, all applicable laws and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested specifications approved by Landlord, post using contractors approved by Landlord, and in a manner so as to not unreasonably interfere with other tenants. Landlord adequate security shall be deemed the owner of all Alterations except for those which Landlord requires to assure restoration of the premises be removed at the end of the Term; (f) Lease term. Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant remove all Alterations at the end of the Term if Lease term unless Landlord elects conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration. Tenant shall immediately repair any damage to have the Premises caused by removal of Alterations. Notwithstanding the foregoing, Landlord agrees to permit Tenant to install a rooftop antenna and satellite dish, subject to the terms of this paragraph. Prior to installation, Tenant shall submit plans and specifications regarding the antenna and satellite dish installation, the contents and location of which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed. The installation shall be performed by a contractor approved by Landlord, and shall be accomplished in such improvement remaina way as to not affect or compromise the Building roof warranty. At all times during and after the installation of the antenna and satellite dish, orTenant shall not permit any water penetration as a result of the installation, returned operation, maintenance, repair or removal of the antenna and satellite dish. Tenant's use and operation of the antenna and satellite dish shall not interfere with any other telecommunications or other system serving the Building or the Property. Tenant shall pay, upon demand, the cost of any utilities needed to operate the antenna and satellite dish. Upon termination of this Lease, Tenant after restoration shall, unless otherwise directed by Tenant if Landlord directs that said alteration be removed Landlord, remove the antenna and satellite dish, and leave the Demised Premises restoredroof in watertight condition following such removal.

Appears in 1 contract

Sources: Lease Agreement (Virage Logic Corp)

Alterations. The 15.01. Tenant shall not change make any alterations or additions to the Demised Premises Premises, or make any additionsholes or cuts in the walls, alterationsceilings, roofs, or improvements floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything to the contrary contained in this Lease, it is understood and agreed that Landlord shall not unreasonably withhold, condition or delay its consent to non-structural alterations and additions to the Demised Premises without the Premises. Landlord's prior written consentconsent shall not be required for the decoration, painting and/or fixturing of the Demised Premises, or for any non-structural work costing less than $20,000 and which does not require a building permit and which does not affect or tie-in to Building mechanical systems ("Decorative Work"). Tenant shall pay to Landlord not later than fifteen days after invoice or notice thereof the reasonable cost and expense of Landlord in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose; provided, however, that (i) there shall be no charge in respect of Landlord's Work or the initial Tenant's Work, (ii) Landlord shall not charge Tenant for any reviews or inspections performed by in-house personnel, and (iii) in all other instances Landlord shall use reasonable efforts to ensure that any such fees charged are only those necessary to complete the task. Before proceeding with any permitted alteration which will cost more than $50,000 (exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise. 15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance therewith and with all applicable Legal Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Except for Decorative Work, Alterations shall be performed by contractors first approved by Landlord, which approval shall not be unreasonably withheld or delayed; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) approved by Landlord, which approval shall not be unreasonably withheld or delayed. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, improvements Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or additions cause to be carried, worker's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Demised Premises that Tenant Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall desire previously (at least fifteen days prior thereto) have been furnished to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject named as additional insureds, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to the following: (a) Landlord. Tenant shall first obtain requisite permits includingfurnish Landlord with reasonably satisfctory evidence that such insurance is in effect at or before the commencement of alterations and, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shallrequest, at Landlord's option, become Landlord's property, or, at reasonable intervals thereafter during the election making of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredalterations.

Appears in 1 contract

Sources: Lease Agreement (Icon CMT Corp)

Alterations. The Tenant Lessee shall not change make any alterations to the Demised Premises or make any additionsother aspect of the Project, alterationswithout Lessor’s written consent, which Lessor may withhold in its reasonable but subjective discretion. No consent shall be required for painting or recarpeting the Premises, installing or modifying telecom communications facilities within the Premises, or improvements to for installing alterations which cost not in excess of $10,000 and do not affect the Demised Premises without structure or systems of the Landlord's prior written consentBuilding. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall All permitted alterations must be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and performed in compliance with applicable laws Lessor’s standard rules and governmental regulations; (d) The cost regulations regarding alterations. All alterations will become the property of Lessor and will remain upon and be surrendered with the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects of this Lease; provided, however, that at the expiration or earlier termination of this Lease Lessee shall remove all alterations which Lessor, at the time of granting its consent, elected by notice to Lessee to have Lessee remove. Lessor acknowledges that Lessee shall not be obligated to remove any of the tenant improvements outlined on Exhibit C. If Lessee fails to remove by the expiration or earlier termination of this Lease all of its personal property, or any alterations identified by Lessor for removal, Lessor may, at its option, treat such improvement remainfailure as a hold-over pursuant to Subparagraph 11(b) above, orand/or Lessor may (without liability to Lessee for loss thereof) treat such personal property and/or alterations as abandoned and, returned at Lessee’s sole cost and in addition to Tenant after restoration Lessor’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten days, prior notice to Lessee, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Lessor may obtain or by Tenant if Landlord directs that said alteration other commercially reasonable means. Lessee shall be removed liable for all costs of disposition of Lessee’s abandoned property and Lessor shall have no liability to Lessee with respect to any such abandoned property. Lessor agrees to apply the Demised Premises restoredproceeds of any sale of any such property to any amounts due to Lessor under this Lease from Lessee (including Lessor’s attorneys’ fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Lessee.

Appears in 1 contract

Sources: Office Lease (Ign Entertainment Inc)

Alterations. The Tenant shall not change the Demised Premises make or make permit to be made any additions, alterations, additions or improvements (the "Alterations") to the Demised Premises without the Landlord's prior written consentconsent of Landlord and Prime Landlord which may be granted or withheld in their sole discretion. Any alterations, improvements or additions in or about the Demised Premises that If Tenant shall desire to make shall be submitted to Landlord in written formany such Alteration, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall apply for the consent of Landlord and Prime Landlord and furnish complete plans and specifications for the desired Alterations and the names of the construction contractor(s) to be further subject to the following: (a) engaged by Tenant. If Landlord and Prime Landlord shall have granted their consent, Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance may proceed with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and such approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord;Alterations SUBJECT TO TENANT FULFILLING THE FOLLOWING CONDITIONS: (i) Any alteration made by Subsequent to obtaining the consent of Landlord and Prime Landlord and prior to commencement of construction of the Alterations, Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at shall deliver to Landlord and Prime Landlord (a) the election building permit and a copy of the executed construction contract covering the Alterations and (b) certificates evidencing the existence of workers' compensation insurance covering all persons employed for such work and comprehensive general liability and property damage insurance naming Landlord, Prime Landlord, and Tenant as insureds, with coverage of at least $5,000,000 single limit. (ii) All Alterations shall be removed by performed at Tenant's sole cost and expense. Tenant shall keep the Premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the Premises on Tenant's behalf. Tenant shall discharge any mechanics lien filed against the Premises or the Building of which the Premises forms a part within thirty (30) days prior of such filing. Tenant shall indemnify Landlord and Prime Landlord for any and all claims, costs and expenses incurred by Landlord and/or Prime Landlord in connection with any liens. If Tenant fails to discharge such lien, Landlord may, but shall not be obligated to, discharge such lien on Tenant's behalf without determining the validity of the same. (iii) At Landlord's option, Tenant shall provide, at Tenant's expense, such completion, performance and/or payment bonds. (iv) Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Premises shall be completed in accordance with the plans and specifications approved by Landlord and Prime Landlord, shall be carried out in a good, workmanlike and prompt manner, shall comply with all applicable statutes, laws, ordinances, regulations, rules, orders and requirements of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. (v) If the Alterations which Tenant causes to be constructed result in Landlord or Prime Landlord being required to make any alterations and/or improvements to other portions of the Building in order to comply with any applicable statutes, laws, ordinances, regulations, rules, orders or requirements (e.g., ordinances intended to provide full access to handicapped persons), then Tenant shall reimburse Landlord and/or Prime Landlord, as the case may be, upon demand for all costs and expenses incurred by Landlord and/or Prime Landlord, as the case may be, in making such alterations and/or improvements. (vi) Any Alterations made by Tenant shall remain on and be surrendered with the Premises upon the expiration or sooner termination of the Term Term, except Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, and at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear excepted. Prior to any installation of Alterations, and upon written request therefor by Tenant, Landlord shall notify Tenant if removal of Alterations will be required. (vii) During the progress of any Alterations, Landlord and Prime Landlord shall have the right to inspect the Premises and Tenant shall afford Landlord access and the Demised Premises shall be restored opportunity to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant respect, at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredall reasonable times.

Appears in 1 contract

Sources: Sublease Agreement (Biopure Corp)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or ----------- improvements to the Demised Premises without the Landlord's prior written consentconsent of Landlord, which shall not be unreasonably withheld; however, Landlord may withhold its consent in its sole and absolute discretion to any alteration or addition that would affect the Building's Structure, or the Building's HVAC System, plumbing, electrical, or mechanical systems. Any alterationsLandlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: until it (a) Tenant shall first obtain requisite permits including, but not limited to, has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a new Certificate of Occupancy, if necessarygood and workmanlike manner, and authorizations from governmental authorities having jurisdiction; (b) Obtainhas had a reasonable opportunity to review them. If the alteration, if applicableaddition or improvement will affect the Building's Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any fee mortgageeplans and specifications shall not be a representation that the plans or the work depicted thereon will comply with Law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or ground lessee's prior written consent; improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (c1) Any alterations do not alter the basic character of the Premises; (2) do not overload or damage the Premises; and (3) may be removed without damage to the Premises. All alterations, additions, and improvements shall be made promptly Landlord's property when installed in the Premises, unless Landlord specifies in writing that Tenant may remove the item in question (unavoidable delays excepteda "REMOVABLE ITEM"). All work performed by a Tenant Party in the Premises -------------- (including that relating to the installations, repair, replacement, or removal of any item) shall be performed in accordance with Law and with Landlord's specifications and requirements, in a good and workmanlike manner in accordance manner, and so as not to damage or alter the Building's Structure or the Premises. In connection with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The such alteration, addition, or improvement, Tenant shall pay to Landlord an administration fee of 5% of all costs incurred for such work up to a maximum of $3,000 for each single requested alteration, addition or improvement; provided, however, that if the total cost of the alterations such alteration, addition or improvement exceeds $200,000, then such cap shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) not apply and Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shallpay to Landlord an administrative fee of 3% of all costs incurred for such work. For example, when completedif such total costs were $75,000, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlordadministrative fee would equal $3,000, and if requiredsuch total costs were $300,000, by the administrative fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredwould equal $9,000.

Appears in 1 contract

Sources: Commercial Lease Agreement (Peerless Group Inc)

Alterations. The 7.1 Except for the Tenant Work, Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises (collectively “Alterations”) without the Landlord's prior written consent. Any alterationsconsent of Landlord, improvements which consent shall not be unreasonably withheld conditioned or additions in delayed, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or about otherwise defacing the Demised Premises that Premises. Tenant shall desire to make shall be submitted furnish complete plans and specifications to Landlord at the time it requests ▇▇▇▇▇▇▇▇’s consent to any Alterations if the desired Alterations (i) will affect the Facility’s mechanical, electrical, plumbing or life safety systems or services, or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iii) will cost in written formexcess of One Thousand Dollars ($1,000.00). Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject deliver to Landlord any building permit required by applicable law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord’s reasonable actual out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of ▇▇▇▇▇▇’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the following: (a) Tenant shall first obtain requisite permits includingmaking of any Alteration, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations such Alteration shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested at Tenant’s sole cost and expense by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and a contractor approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees require its contractor to maintain insurance in reviewing the Plans and Specificationscommercially reasonable amounts. At the completion of the alteration Any construction, alteration, maintenance, repair, replacement, installation, removal or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made decoration undertaken by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and in connection with the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof completed in accordance with plans and specifications which must be approved by Landlord, shall be returned to the Tenant at the end carried out in a good, workmanlike and prompt manner, shall comply with all applicable Regulations of the Term if authorities having jurisdiction thereof, and shall be subject to supervision by Landlord elects or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant’s heating or air conditioning equipment must be effected strictly in accordance with Landlord’s instructions, the Clean Air Act and all other applicable Regulations. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Facility in connection with the making of any Alterations. If the Alterations which Tenant causes to have be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Facility in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such improvement remain, or, returned to Tenant after restoration alterations and/or improvements. Any Alterations made by Tenant if shall become the property of Landlord directs that said alteration upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this Lease, except Tenant shall upon demand by Landlord, at Tenants sole cost and expense, forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Demised Premises restoredin a good and workmanlike manner to their original condition, reasonable wear and tear excepted. 7.2 All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Facility. TENANT AGREES TO INDEMNIFY LANDLORD AND HOLD LANDLORD HARMLESS AGAINST ANY LOSS, LIABILITY OR DAMAGE RESULTING FROM SUCH WORK, provided such loss liability or damage was not caused by the Landlord, its agents, employees or representatives. 7.3 Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof. Tenant and any subtenants shall have no power to do any act or make and contract which may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES.

Appears in 1 contract

Sources: Lease (Sg Blocks, Inc.)

Alterations. The Tenant shall not change the Demised Premises or make any alterations, improvements, additions, alterationsinstallations, or improvements changes of any nature in or to the Demised Premises (any of the preceding, "Alterations") without the Landlord's prior written consentconsent which consent shall not be unreasonably withheld. Any alterationsAt least 15 days prior to making any Alterations, improvements or additions in or about the Demised Premises that Tenant shall desire submit to make shall be submitted to Landlord Landlord, in written form, with proposed detailed plansplans of such Alterations. Tenant shall, prior to the commencement of any alterationsAlterations, improvements or additions proposed by at Tenant's sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant's sole cost, in a prompt and expeditious manner), (ii) provide Landlord with ten days' prior written notice of the date the installation of the Alterations is to commence, so that Landlord can post and record an appropriate notice of non-responsibility, and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers' compensation insurance with respect to any of Tenant's employees installing or involved with such Alterations (which insurance Tenant shall maintain in force until completion of the Alterations). All Alterations shall upon installation become the property of Landlord and shall remain on and be further subject surrendered with the Premises on the Expiration Date, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing on or before the Expiration Date, in which event, Tenant shall, at its sole cost, on or before the Expiration Date, repair and restore the Premises to the following: condition of the Premises prior to the installation of such Alterations to be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant. Tenant shall keep the Premises free and clear of all mechanics' liens resulting from Alterations or other construction. Tenant may, at its election, contest the correctness or validity of any such lien provided that (a) immediately on demand by Landlord, Tenant shall first obtain requisite permits includingprocures and records a lien release bond, but not limited toissued by a corporation satisfactory to Landlord and authorized to issue surety bonds in the state in which the Premises are located, a new Certificate in an amount equal to 150 percent of Occupancythe amount of the claim of lien, if necessarywhich bond meets the requirements of California Civil Code Section 3143 or any successor statute, and authorizations from governmental authorities having jurisdiction; (b) ObtainLandlord may, if applicableat its election, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by require Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of pay Landlord's attorneys' fees and costs in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to participating in such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredan action.

Appears in 1 contract

Sources: Lease (Paramark Enterprises Inc)

Alterations. The Tenant After Lessee's initial occupancy of the Demised Premises and installation of Lessee's approved pre-occupancy tenant work, Lessee shall not change make no alterations, installations, additions or improvements (herein collectively called Alterations) in or to the Demised Premises or make any additions, alterations, or improvements to the Demised Premises Building without the LandlordLessor's prior written consent. Any alterationsConsent by Lessor to Lessee's Alterations shall not be unreasonably withheld, improvements except that Lessor may withhold its consent for any reason with regard to requested Alterations by Lessee which affect the structure of the Building or additions in the mechanical, plumbing or about electrical systems of the Demised Premises that Tenant shall desire Building. Lessee, at its sole cost and expense, must provide Lessor with a copy of the original or revised full floor mechanical and electrical plans for the floor or floors on which the Alterations are to make be made, revised by the Building architect and engineers to show Lessee's proposed Alterations. If any such Alterations are made without the prior written consent of Lessor, Lessor may correct or remove the same, and Lessee shall be submitted to Landlord liable for any and all expenses incurred by Lessor in written form, with proposed detailed plansthe performance of this work. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations All Alterations shall be made promptly (unavoidable delays excepted)at Lessee' s sole expense, in a workmanlike manner in accordance with any alteration plans at such times and in compliance with applicable laws such manner as Lessor may designate, and governmental regulations; (d) The cost of the alterations shall be paid only by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance such contractors or mechanics as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and are approved in writing by LandlordLessor. Approval of contractors or mechanics by Lessor, and if requiredwhich approval will not be unreasonably withheld, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing based upon the Plans contractors or mechanics being properly licensed, their financial posture, experience and Specificationspast job performance. At Lessor, at the completion expiration or earlier termination of the alteration term of the Lease, may elect to require Lessee to remove all or restorationany part the Alterations made by Lessee subsequent to the Commencement Date, "as-built" plans unless Lessor agrees in writing not to require the removal of any Alterations at the time Lessor consents to the Alterations. Removal of Lessee's Alterations shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof at Lessee's cost and expense and Lessee shall, at Landlord's optionits cost and expense, become Landlordrepair any damage to the Demised Premises or the Building caused by such removal. Lessee shall remove, at its sole expense, all of Lessee's property, orincluding Lessee's bank vault, at the election expiration or earlier termination of Landlordthe Lease. In the event Lessee does not remove Lessee's property at the expiration or earlier termination of the Lease, such property shall become the property of Lessor. In the event Lessee fails to remove its property or the Alterations requested to be removed by Lessor on or before the Tenant thirty (30) days prior to the termination expiration, or earlier termination, of the Term term of the Lease, then and in such event, Lessor may remove Lessee's property and Alterations from the Demised Premises at Lessee's expense and Lessee hereby agrees to reimburse Lessor, as additional rent, for the cost of such removal together with any and all damages which Lessor may suffer and sustain by reason of the failure of Lessee to remove the same. Said amount of additional rent and the cost of Lessor's damages shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end due and payable upon receipt by Lessee of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoreda written statement of costs from Lessor.

Appears in 1 contract

Sources: Retail Lease (Century Bancshares Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises premises (including but not limited to roof and wall penetrations) without the Landlord's prior written consentconsent of Landlord. Any Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterationsadditions, improvements or additions proposed and partitions erected by Tenant shall be further subject and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the following: (a) date of termination of this lease and Tenant shall first obtain requisite permits includingshall, but not limited tounless however, a new Certificate that if Landlord so elects prior to termination of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's this lease or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost upon earlier vacating of the alterations premises, such alterations, additions, improvements and partitions shall be paid by Tenant so that become the Demised Premises remains free property of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration as of the date of termination of this lease or upon earlier vacating of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered up to Landlord; (i) Any alteration made the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant under may be removed by Tenant prior to the termination of this Paragraph 10 hereof shalllease if Tenant so elects, at Landlord's option, become Landlord's property, or, at the election of Landlord, and shall be removed by the Tenant thirty (30) days prior to the date of termination of this lease or upon earlier vacating of the Term premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and the Demised Premises restoration shall be restored accomplished in a good workmanlike manner so as not to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to damage the Tenant at the end primary structure or structural qualities of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed buildings and other improvements situated on the Demised Premises restoredpremises.

Appears in 1 contract

Sources: Lease Agreement (Comfort Systems Usa Inc)

Alterations. The Tenant shall not change make any alterations in, or additions to, the Demised Premises without Landlord's advance written consent, which consent shall not be unreasonably withheld, in each and every instance. If Landlord consents to such alterations or additions, before commencement of the work or delivery of any materials onto the Premises or make any additionsinto the Building, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted furnish Landlord with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Landlord and waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in written form, connection with proposed detailed plansthe alterations or additions. any alterations, improvements or All additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted)installed in a good, workmanlike manner and only new, high-grade materials shall be used. Whether Tenant furnishes Landlord the foregoing or not, Tenant hereby agrees to defend and hold Landlord 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. Before commencing any work in connection with alteration or additions, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials, insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. Tenant 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, 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 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 and the United States or of any department or agency thereof. Tenant shall permit Landlord to supervise construction operations in connection with alterations or additions if Landlord requests to do so. All additions, hardware, non-trade fixtures and all improvements, temporary or permanent, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of or upon the alterations shall be paid Premises, whether placed there by Tenant so that the Demised Premises remains free of any liens; (e) If requested or by Landlord, post with shall, unless Landlord adequate security requests their removal, become Landlord'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 assure restoration Tenant. If upon Landlord's request, Tenant does not remove said additions, hardware, non-trade fixtures and improvements, Landlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. Tenant shall remove Tenant's furniture, machinery, safe or safes, trade fixtures and other items of personal property of every kind and description from the premises at Premises prior to the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change , or alterations shallits right to possession, when completedhowever, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlordended. If not so removed, Landlord may request their removal, and if requiredTenant does not remove them, by the fee mortgagee or ground lessee. The Landlord may do so and Tenant shall be responsible for paying any pay the cost of Landlord's fees in reviewing the Plans and Specificationssuch removal to Landlord upon demand. At the completion of the alteration or restorationIf Landlord does not request their removal, "as-built" plans all such items shall be delivered conclusively presumed to Landlord; (i) Any alteration made have been thereupon conveyed by Tenant to Landlord under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed Lease as a bill ▇▇ sale without further payment or credit by the Tenant thirty (30) days prior Landlord to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredTenant.

Appears in 1 contract

Sources: Lease (Success Bancshares Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additionsalternations, alterations, additions or improvements (collectively, "Alterations") in or to the Demised Premises without the Landlord's prior written consent. Any alterationsconsent of Landlord, improvements or additions in or about the Demised Premises that Tenant which shall desire to make shall not be submitted to Landlord in written formunreasonably withheld, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall but may be further subject to the following: (a) Tenant shall first obtain requisite permits including, predicated upon but not limited toto Tenant's use of contractors who are acceptable to Landlord; and any Alterations, a new Certificate of Occupancyexcept for Tenant's movable furniture and equipment, if necessaryat Landlord's election, and authorizations from governmental authorities having jurisdiction; (b) Obtainshall immediately become Landlord's property and, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) , shall remain on the Premises without compensation to Tenant or, if Landlord shall elect, be removed by Tenant prior to the expiration date of this Lease. All Alteration shall be completed in compliance with all laws, codes, rules, and ordinances in effect at the time of such Alterations. In the event the making of any Alterations triggers any additional work to be performed to the Premises or the Building, such additional work shall be performed at Tenant's sole cost and expense. In the event Tenant fails to remove any Alterations required by Landlord to be removed, Landlord may remove such Alterations and Tenant shall maintain proper insurance as required be obligated to immediately reimburse Landlord for the cost therefor. In the event Landlord consents to the making of any Alterations by ▇▇▇▇▇▇, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with plans and specifications approved by Landlord; (g) No change , and any contractor or alterations shall, when completed, tie in or connect person selected by Tenant to make the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall same must first be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shallLandlord or, at Landlord's option, become the Alterations shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty overhead) within twenty (3020) days prior to after receipt of a statement from Landlord therefor. Upon the expiration or sooner termination of the Term Term, Tenant shall upon demand by Landlord and at Tenant's sole cost and expense, promptly remove any Alterations made by or for the Demised account of Tenant that are designated by Landlord to be removed, and Tenant shall at its sole cost and expense, promptly repair and restore the Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredoriginal condition.

Appears in 1 contract

Sources: Lease Agreement (Embark Com Inc)

Alterations. The 9.1 Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises without the Landlord's prior written consentconsent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Any All alterations, additions, improvements and fixtures (including, without limitation all floor coverings, lighting and heating and air conditioning equipment, but excluding Tenant's unattached, readily movable furniture, office equipment and trade fixtures) which may be made or additions in or about installed by either party upon the Demised Premises that Tenant shall desire to make shall remain upon and be submitted to Landlord in written form, surrendered with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free and become the property of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and this lease. 9.2 All construction work done by Tenant within the Demised Premises shall be restored performed in a good and workmanlike manner, in compliance with all governmental requirements, and in such manner as to its condition prior cause a minimum of interference with other construction in progress and with the transaction of business in the Building. Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredand shall not permit a mechanic's or materialman's lien to be asserted against the Demised Premises. Upon request by Landlord, Tenant shall deliver to Landlord copies of contractor's insurance satisfactory to Landlord and proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any such alterations, additions or improvements. 9.3 Tenant agrees that all venting, opening, sealing, waterproofing or any altering of the roof shall be performed by Landlord's roofing contractor at Tenant's expense and that when completed Tenant shall furnish to Landlord a certificate from landlord's roofing contractor that all such alterations approved by landlord have been completed in accordance with the plans and specifications theretofore approved by landlord.

Appears in 1 contract

Sources: Building Lease (Care Group Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterationsalterations to the Premises, or improvements to the Demised Premises Project, including any changes to the existing landscaping, without the Landlord's prior written consent, provided that Landlord's consent shall not be required for alterations costing less than $5,000 that are not affixed to the Premises and do not affect building structure or building systems. Any If Landlord gives its consent to such alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. Tenant may accompany a request for ▇▇▇▇▇▇▇▇'s consent to alterations with a request for Landlord's election whether such alterations are to be removed on termination of the Lease. If Tenant so requests, then Landlord shall notify Tenant at time of consent whether Landlord will require removal of the alterations. If Landlord elects under this Lease to require removal of alterations, then at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration plans of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with applicable laws plans and governmental regulations; (d) The cost specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Project. Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect pay all costs for such construction and shall keep the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end Project free and clear of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration all mechanics' liens which may result from construction by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredTenant.

Appears in 1 contract

Sources: Master Lease (Tripath Imaging Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises without the prior obtained written consent of Landlord's prior written consent, which consent will not be unreasonably withheld or delayed. Landlord hereby grants its consent to the alterations set forth on Exhibit B. In no event shall any such alteration, addition, or improvement weaken the structure of or impair any Building on the Property. Any alterationsalteration, improvements addition, or additions in or about improvement to the Demised said Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner done in accordance with any alteration plans the applicable City or Township, County and in compliance with applicable State laws and governmental ordinances, and building and zoning rules and regulations; (d) The cost . Tenant hereby expressly assumes full responsibility for all damages and injuries which may result to any person or property by reason of or resulting from alterations, additions, or improvements made by it to the alterations Premises, and shall be paid by hold Landlord harmless with respect thereto. Tenant so that the Demised Premises remains free shall procure and file a stipulation against liens and all releases and waivers from Mechanics Liens prior to commencement of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises construction at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by LandlordProperty, and if requiredcopies of said stipulations, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans releases and Specifications. At the completion of the alteration or restoration, "as-built" plans waivers shall be delivered to Landlord; Landlord not later than forty-eight (i48) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlordhours prior to commencement. All alterations, shall be removed by remain on the Tenant thirty (30) days prior to Premises at the termination of the Term Lease and shall become the property of the Landlord, unless at the time the consent for the alteration was given by Landlord, the Landlord directed the alterations be removed at the termination of the Lease in which event they shall be removed and the Demised Premises shall be restored returned, at the expense of Tenant, to its condition prior to such the alteration. The security deposited under Paragraph 10(e) hereof All machines, equipment, and supplies to be placed upon the Premises by the Tenant and not included on the plans and specifications for the Building shall remain the property of the Tenant and shall be returned to the removed by Tenant at the end termination of the Term if Lease; but the Tenant agrees to repair any damage to the Premises caused by the removal of such machines, equipment, or supplies. Notwithstanding anything contained in this section to the contrary, prior written consent of Landlord elects to shall not be required for any alteration or course of alterations made within any one (1) calendar year that have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredan aggregate value of less than $10,000.

Appears in 1 contract

Sources: Lease Agreement (Mapquest Com Inc)

Alterations. The Tenant No Alterations, as defined below, shall not change be made in the Demised Premises by Tenant without the prior written consent of Landlord, which may be withheld at ▇▇▇▇▇▇▇▇’s sole discretion. Tenant shall have the right to install all furniture, furnishings, and equipment necessary or make any desirable for the conduct of Tenant’s operations, all at no cost to Landlord. Any leasehold improvements, furnishings and equipment installed on the Demised Premises shall be maintained by Tenant, at Tenant’s expense, in good condition and repair. All remodeling, additions, alterations, changes, partitions, and installations of leasehold improvements (the “Alterations”) shall be performed by a contractor duly licensed by the state or improvements local authority responsible for licensing building contractors and approved by Landlord. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Demised Premises without shall: (i) adversely affect the Landlord's prior written consentstructural integrity of the Building; (ii) impair or affect the roof or decrease the roof’s useful life; (iii) overload electrical circuits or equipment; (iv) overload or unreasonably burden plumbing, water or sanitary sewage disposal facilities; (v) overload or unreasonably burden heating, air conditioning and other mechanical facilities or equipment; or (vi) otherwise affect the Building or Demised Premises in any materially adverse way. Any alterationspersonal property and unattached equipment installed by Tenant may be removed at the termination of this Lease, improvements or additions in or about provided that Tenant shall repair any damage caused to the Demised Premises that by such removal. Any personal property and unattached equipment remaining in the Building or on the Demised Premises upon termination of this Lease shall, if not removed within ten (10) days after written demand from Landlord to Tenant to remove the same, at ▇▇▇▇▇▇▇▇’s option in its sole discretion, become the property of Landlord, and Landlord may retain or dispose of such personal property and unattached equipment in its sole discretion and without liability to account to Tenant. Upon request by Landlord, Tenant shall desire to make shall be submitted submit to Landlord detailed plans and specifications in written formconnection with any Alterations and evidence that said plans and specifications comply with all federal, state and local statutes, regulations, ordinances or laws. Landlord reserves the right, along with proposed detailed plans. any alterationsarchitects or other consultants retained by Landlord to inspect any completed Alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancyand, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and Alterations are not in compliance with applicable any laws and governmental regulations; (d) The cost of , Tenant shall, at Tenant’s cost, make such modification or alteration to the alterations completed Alterations as shall be paid required to bring the same in compliance. ▇▇▇▇▇▇▇▇’s consent to the plans and specifications, or any work proposed or completed by ▇▇▇▇▇▇, shall not be deemed a representation or affirmation regarding compliance with any such laws or regarding the suitability of such Alterations for Tenant’s intended purposes. In any event, Tenant so that shall not remove any leasehold improvements and shall surrender the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required Demised Term in good condition and repair, ordinary wear and tear and damage by Landlord; (g) No change casualty or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredcondemnation excepted.

Appears in 1 contract

Sources: Lease Agreement

Alterations. The Tenant 9.1 Except as expressly provided in this Sublease, Subtenant shall not change the Demised Premises or make any additions, alterations, alterations in or improvements additions to the Demised Sublease Premises (“Alterations”) without the Landlord's prior written consent. Any alterations, improvements or additions in or about consent of the Demised Premises that Tenant shall desire to make Sublandlord which shall be submitted to Landlord given or withheld in written form, with proposed detailed plansSublandlord's reasonable discretion. any alterations, improvements or additions proposed by Tenant It shall be further subject reasonable for Sublandlord to withhold consent to a proposed Alteration if Sublandlord has a good faith belief that the following:Alteration will materially interrupt the use and enjoyment of the Sublandlord (or other occupant) of the remainder of the Master Premises. Subtenant has no right to perform Alterations in the Shared Areas. (a) Tenant shall first obtain requisite permits including9.2 Notwithstanding any other provisions in this Sublease, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations no Alterations shall be made promptly (unavoidable delays excepted)that would constitute a Default or event of default under the Master Lease. If Sublandlord consents to any Alterations, Sublandlord shall use reasonable efforts to obtain the consent of Master Landlord, if required and Subtenant shall pay all costs of seeking or obtaining Master Landlord s consent. If Alterations by Subtenant are permitted or consented to by Master Landlord, Subtenant shall comply with all of the covenants of Sublandlord contained in a workmanlike manner in accordance with the Master Lease pertaining to the performance of such Alterations. 9.3 Subject to Section 7.2 above, Subtenant shall indemnify, defend and hold harmless Sublandlord against liability, loss, cost, damage, liens and expense imposed on Sublandlord arising out of any alteration plans Alterations constructed or made by Subtenant, including those Alterations permitted under the terms of this Sublease. 9.4 Any permitted Alterations shall be made at Subtenant's sole cost and in compliance expense, including any cost to comply with applicable laws and governmental regulations; (d) The cost , any management or supervision fee charged by Master Landlord, and any removal or restoration costs necessary or incurred pursuant to the provisions of the alterations shall Master Lease or if removal and restoration is required by Sublandlord in Sublandlord's reasonable discretion. If Sublandlord requires any Alteration to be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises removed and restored at the end of the Sublease Term;, Sublandlord shall make such election and notify Subtenant at the time Subtenant seeks Sublandlord's consent to the Alteration. Subtenant shall reimburse Sublandlord for the reasonable review fees by third-party consultants and for the review of plans or any inspections that Sublandlord reasonably deems necessary with regards to the requested Alterations. (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect 9.5 Subject to the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion terms of the alteration or restorationMaster Lease and Master Landlord s consent, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term Sublease, Subtenant shall have the right to remove from the Subleased Premises any specialized Alteration installed by and paid for by Subtenant, so long as Subtenant restores the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at previous condition and repairs any damage resulting from such removal. 9.6 Subtenant may not change any key, key card, security system, or locking device on any door to or within the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Sublease Premises restoredor Master Premises.

Appears in 1 contract

Sources: Sublease (Senti Biosciences, Inc.)

Alterations. The Tenant shall not change the Demised Premises make no changes in or make any additions, alterations, or improvements to the Demised Premises demised premises of any nature without the Landlord's Owner’s prior written consent, such approval not to be unreasonably withheld, delayed or conditioned in accordance with Article 48 of the rider to the Lease. Any Subject to the prior written consent of Owner, and to the provisions of this article and Article 48 of the rider, Tenant at Tenant’s expense, may make alterations, installation, additions or improvements which are nonstructural and which do not affect utility services or additions in plumbing and electrical lines (unless such utility services or about plumbing and electrical lines are located entirely within and serve solely the Demised Premises that demised premises) to the demised premises by using contractors or mechanics first approved by Owner. Tenant shall desire to make shall be submitted to Landlord in written formshall, with proposed detailed plans. before making any alterations, improvements additions, installations or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first improvements, at its expense, obtain requisite permits includingall permits, but not limited to, a new Certificate of Occupancy, if necessary, approvals and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as certificates required by Landlord; any governmental or quasi-governmental bodies and (gupon completion) No change or alterations shallcertificates of final approval thereof, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by 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 subcontractor to carry such ▇▇▇▇▇▇▇’▇ compensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic’s lien is filed against the fee mortgagee demised premises, or ground lessee. The Tenant 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 responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made discharged by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant within thirty (30) days after notice thereof to Tenant (which may be served simultaneously with a notice of default under Article 17, below), at Tenant’s expense, by payment or filing a bond as permitted 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 in 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 at the time that Owner consents to such installation, 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 termination expiration of the Term and the Demised Premises lease, at Tenant’s expense. Nothing in this article shall be restored 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 from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises substantially to the condition existing prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned installation, wear and tear and casualty excepted, 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 if Landlord elects to have such improvement remainterm remaining in the premises, oror upon Tenant’s vacating, returned to Tenant surrender or removing prior thereto, after restoration by Tenant if Landlord directs that said alteration Tenant’s removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner’s property or may be removed and from the Demised Premises restoredpremises by Owner at Tenant’s expense.

Appears in 1 contract

Sources: Lease Agreement (American Realty Capital New York Recovery Reit Inc)

Alterations. The Tenant Lessee shall not change the Demised Premises make or make permit any additionsalterations in, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in on or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord Premises, except for nonstructural alterations not exceeding Twenty-Five Thousand ($25,000.00) Dollars in cost per calendar year, without the prior written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to consent of the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessaryLessor, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration according to plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and specifications approved in writing by LandlordLessor, which consent shall not be unreasonably withheld. With regard to alterations not requiring Lessor's consent, Lessee shall provide Lessor with copies of all plans and if requiredspecifications therefor prior to the construction thereof. Notwithstanding the foregoing, by Lessee shall not, without the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion prior written consent of the alteration or restorationLessor, "as-built" plans shall be delivered to Landlord; make any: (i) Any alteration made Alterations to the structure or exterior of the Building; (ii) Alterations to and penetrations of the roof of the Buildings and (iii) Alterations visible from outside the Demised Premises to which Lessor may withhold Lessor's consent on wholly aesthetic grounds. All alterations shall be installed at Lessee's sole expense, in compliance with all applicable laws and regulations, by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlorda licensed contractor, shall be removed done in a good and workmanlike manner conforming in quality and design with the Demised Premises existing as of the commencement date hereof, and shall not diminish the value of either the building or the Demised Premises. All alterations made by Lessee shall be and become the Tenant thirty property of Lessor upon installation and shall not be deemed Lessee's personal property: provided, however, that Lessor shall at the time consent for the alterations is requested, notify Lessee whether Lessee must at the expiration or earlier termination of the Demised Term, remove, at Lessee's expense, any or all alterations installed by Lessee and return the Demised Premises to their condition prior to the installation of such alterations, normal wear and tear excepted. Notwithstanding any other provision of this Lease, Lessee shall be solely responsible for the maintenance and repair of any and all alterations made by it to the Demised Premises. Lessee shall give Lessor written notice of Lessee's intention to perform work on the Demised Premises, whether or not Lessor's consent is required, at least twenty (3020) days prior to the commencement of such work to enable Lessor to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work, Lessor, at Lessor's option at the expiration or earlier termination of the Term and the Demised Premises shall be restored Term, may require Lessee to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end remove some or all of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredany alterations installed without Lessor's consent.

Appears in 1 contract

Sources: Lease Agreement (Sports Resorts International Inc)

Alterations. The Tenant shall will not change the Demised Premises make or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire permit anyone to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, additions or improvements, structural or otherwise, in or to the Leased Premises or the Building (except interior non-structural alterations or improvements costing $2,500 or additions proposed less (for which prior notice will be given to Landlord)) without first obtaining the written consent of Landlord which consent will not be unreasonably withheld or delayed. In designing and making any approved changes, Tenant will follow all building standard specifications, unless otherwise expressly agreed to by Landlord in writing. In the event Landlord is required to and does consent to any such alterations, etc., Landlord shall have the right to contract out any work, and in such event Tenant shall be further subject obligated to pay Landlord the following: cost thereof plus ten percent (a10%) for overhead payable fifty percent (50%) upon commencement and fifty percent (50%) upon completion. Such payments shall be deemed to be Additional Charges hereunder. In the event Landlord grants such consent and permits Tenant shall first obtain requisite permits includingto contract out such work, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any such alterations shall be made promptly (unavoidable delays excepted), performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Requirements, and Tenant shall indemnify and hold harmless Landlord from and against any alteration plans and all costs, expenses, claims, liens and damages to person or property resulting from the making of any such alterations, decorations, additions or improvements in compliance with applicable laws or to the Leased Premises or the Building. Tenant shall not permit a mechanic's lien or liens to be placed upon the Leased Premises or the Building as a result of any alterations or improvements made by it and governmental regulations; (d) The cost agrees, if any such lien be filed on account of the alterations shall acts of Tenant, promptly to pay the same. In the event Tenant fails to pay any such lien, it may be paid by Landlord without releasing Tenant so that and the Demised Premises remains free cost charged to Tenant as additional rent under this Lease. If any such alterations, decorations, additions or improvements are made without the prior written consent of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of may correct or remove the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans same and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible liable for paying any of Landlord's fees and all costs and expenses incurred by Landlord in reviewing the Plans and Specificationssuch removal. At the completion of the alteration or restorationTENANT SHALL NOT MAKE OR ALLOW ANY PENETRATIONS OF OR HOLES IN ANY ROOFS, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shallFLOORS OR WALLS WITHOUT LANDLORD'S EXPRESS WRITTEN CONSENT WHICH WILL NOT BE UNREASONABLY WITHHELD OR DELAYED, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredAND COMPLYING WITH LANDLORD'S REQUIREMENTS THEREFOR IF CONSENT IS GIVEN.

Appears in 1 contract

Sources: Office Lease Agreement (Integrated Information Systems Inc)

Alterations. The (a) Except as set forth in this PARAGRAPH 8 or in PARAGRAPH 12, Tenant shall not change the Demised Premises or make any alterations, installations, changes, replacements, additions, alterations, or improvements (structural or otherwise) (each an "ALTERATION") in or to the Demised Premises or any part thereof without the consent of the Landlord; PROVIDED, HOWEVER, that Landlord shall not unreasonably withhold, condition or delay its consent to any of the same which do not affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or air conditioning systems serving either the Building or the Premises. All Alterations in the Premises (whether installed with or without Landlord's prior written consent), shall at the election of Landlord remain in the Premises and be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury; FURTHER PROVIDED, HOWEVER, that any and all manufacturing items or other items of Tenant's personalty shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Any alterationsShould Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, improvements 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 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 by Landlord, and Tenant shall deliver to Landlord certificates of all such insurance. Tenant's work shall be performed in a first-class and lien-free manner. Tenant shall not be Landlord's agent for purposes of this work and Tenant shall be solely responsible for any mechanics' or materialmen's lien arising therefrom; Tenant shall pay, bond or otherwise release of 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 Demised Premises that and shall not permit or suffer any lien to attach to the Premises, and Tenant shall desire indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to make shall be submitted to Landlord in written form, with proposed detailed plansany such lien or claim of lien. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, promptly cause any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid such liens which have arisen by Tenant so that the Demised Premises remains free reason of any liens; (e) If requested work claimed to have been undertaken by Landlordor through Tenant to be released by payment, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change bond or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant otherwise within thirty (30) days prior 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 termination Premises or the Building. Tenant shall notify all of the Term its contractors and the Demised Premises shall be restored materialmen in writing that any liens relating to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration any work ordered by Tenant if Landlord directs that said alteration be removed shall attach to Tenant's leasehold estate in the Premises and shall not encumber Landlord's interest in the Demised Premises restoredor the Building.

Appears in 1 contract

Sources: Lease (MPW Industrial Services Group Inc)

Alterations. The Tenant shall not change the Demised Premises or make any alterations, additions, alterations, decorations or other improvements to the Demised Premises or install any fixtures or equipment thereto (collectively “Alterations”), without the Landlord's ’s prior written consentapproval, which approval shall not be unreasonably withheld, delayed or conditioned. Any alterationsAll Alterations to the Premises shall be performed at Tenant’s sole cost and expense by Landlord or, improvements at Landlord’s option, by Tenant in accordance with drawings and specifications prepared at Tenant’s sole cost and expense, which drawings and specifications shall be consistent with the standards applicable thereto set forth in Exhibit “D” attached hereto. So long as Tenant is not in default hereunder, Tenant shall have the right with the consent of Landlord, not to be unreasonably withheld, but not the obligation, to remove any of said Alterations which constitute trade fixtures during and at the expiration of the Term and any extension thereof, provided that Tenant repairs any damage caused by said removal. All of the Alterations remaining on the Premises after the date on which the Term ends, or additions at such sooner termination date, shall become the property of Landlord. In doing any work of installation, removal, alteration or relocation, Tenant shall not harm the Premises or the Building and shall repair all damage or injury that may occur to the Premises or the Building in connection with such work and shall otherwise comply with Exhibit “D” attached hereto. Tenant agrees in doing any such work in or about the Demised Premises that to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees. Any contractors employed by Tenant for such work shall comply with the requirements of Exhibit “D” annexed hereto and hereby made a part hereof and shall further be approved by Landlord in writing before the commencement of such work, but Landlord shall not unreasonably withhold its approval or consent. In all events all such contractors shall be required to employ only union labor in the performance of such work, carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content and with companies satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this subsection 7.D., Tenant must obtain, at its sole cost and expense, all necessary permits, authorizations, licenses and other approvals required by the various governmental authorities. Upon completion of any such work, Tenant shall desire to make shall be submitted pay to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject an amount equal to five percent (5%) of the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of such work, to reimburse Landlord for the alterations shall be paid by Tenant so that the Demised Premises remains free cost of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration coordination and final inspection of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredwork.

Appears in 1 contract

Sources: Office Lease (Pennsylvania Real Estate Investment Trust)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements (collectively, "Alterations") in or to the Demised Premises Building without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested only utilize contractors approved by Landlord. Tenant shall, post with Landlord adequate security to assure restoration of the premises before making any Alterations, at the end of the Term; (f) Tenant shall maintain proper insurance as its expense, obtain all permits, approvals and certificates required by Landlord; any governmental or quasi-governmental bodies and (gupon completion) No change or alterations shallcertificates of final approval thereof and shall deliver promptly duplicates of all such permits, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans approvals and Specifications have first been submitted certificates to and approved in writing by Landlord, and if requiredTenant agrees to carry, by the fee mortgagee or ground lesseeand to cause Tenant's contractors and sub-contractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. The Upon completion of any Alterations, Tenant shall be responsible for paying any deliver to Landlord one set of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans and specifications therefor. All Alterations installed in the Building, either by Tenant or by Landlord on Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Building upon the expiration or earlier termination of the Lease; provided, however, that Landlord shall have the right to require Tenant to remove such alterations at Tenant's sole cost and expense upon the expiration or earlier termination of this Lease, which required removal shall be delivered specified by Landlord when Landlord consents to Tenant's requested alterations or shall be specified by Landlord after written request from Tenant in the event of any alteration which does not require Landlord; 's consent as hereinafter described. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Building or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Building to the condition existing prior to installation (isubject to ordinary wear and tear) Any alteration made and repair any damage to the Building due to such removal. All property that was permitted or required to be removed by Tenant under this Paragraph at the end of the Term but which remains in the Building for 10 hereof shall, at Landlord's option, become Landlord's property, ordays after Tenant vacates the Building shall be deemed abandoned and may, at the election of Landlord, shall either be retained as Landlord's property or may be removed from the Building by Landlord at Tenant's expense. Notwithstanding the foregoing, Tenant thirty (30) days prior may perform alterations to the termination Building without Landlord's prior written consent provided such alterations (or the performance thereof) do not (i) affect the mechanical, electrical HVAC, life safety, or other Building operating systems, (ii) affect the structural components of the Term Building or require penetration of the floor or ceiling of the Building, (iii) involve the use or disturbance of any Hazardous Materials or (iv) cost more than Twenty-Five Thousand and No/100 Dollars ($25,000.00) in any one instance, and further provided that Tenant gives Landlord prior written notice of such alterations and that such alterations (and the Demised Premises performance thereof) shall otherwise be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to in compliance with the Tenant at provisions of this Article 7 (except for the end requirement of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredLandlord's consent).

Appears in 1 contract

Sources: Lease Agreement (United Stationers Supply Co)

Alterations. The (a) Tenant shall will not change make any alterations, installations, changes, replacements, repairs, additions or improvements (structural or otherwise) in or to the Demised Premises or make any additionspart thereof, alterationswithout the prior written consent of Landlord. All Tenant plans and specifications shall be submitted to Landlord for prior approval. Landlord may, among other things, condition its consent upon Tenant's agreement that any construction up-gradings required by any governmental authority as a the result of Tenant's work, either in the Demised Premises or improvements in any other part of the building, will be paid for by Tenant. Tenant shall not install any equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to the water system, plumbing system, heating system, air-conditioning system or the electrical system of the Demised Premises without the prior written consent of the Landlord. Tenant shall not install or use in the building any air conditioning unit, engine, boiler, generator, machinery, heating unit, stove, water cooler, ventilator, radiator or any other similar apparatus without the prior written consent of Landlord, and then only as Landlord may direct. Tenant shall not modify or interfere with the heating, ventilating and air-conditioning supply. return or control systems without the prior written consent of Landlord, and then only as Landlord may direct. Landlord may condition its consent upon Tenant's payment of all costs to make such changes, replacement or modifications. Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire consent to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed work by Tenant or approval of Tenant plans or specifications shall not be further subject to the following: (a) Tenant deemed a certification that such work complies with applicable building codes, laws or regulations, nor shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction;it impose any liability whatsoever upon Landlord. (b) ObtainAll of Tenant's approved work shall be done in accordance with Landlord's Supplemental Rules and Regulations for Contractors and shall be done by duly licensed contractors in accordance with all applicable laws, codes, ordinances, rules and regulations, and Tenant shall obtain at its cost any required permits, licenses or inspections for performance of its work. Tenant must obtain an executed waiver of lien from each contractor or vendor that will perform or furnish to Tenant work, labor, services or materials for any alterations, installations, replacements, additions or improvements in or to the Demised Premises, prior to the commencement of such work. Notwithstanding the aforesaid, if applicableany mechanic's lien shall at any time, whether before, during or after the Lease term, be filed against any fee mortgageepart of the building by reason to work, labor, services or materials performed for or furnished to Tenant, Tenant shall forthwith cause the lien to be discharged of record or bonded off to the satisfaction of Landlord. If Tenant shall fail to cause such lien to be discharge or bonded off within five (5) days after being notified of the filing thereof, then, in addition to any other right to remedy of Landlord, Landlord may discharge the lien by paying the amount claimed to be due. The amount paid by Landlord, and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of the lien, shall be due and payable by Tenant to Landlord as additional rent on the first day of the next following month, or ground lessee's prior written consent;if the Lease term has expired, upon demand. (c) Any alterations shall be made promptly All alterations, installations, including without limitation wall to wall carpet and drapery and drapery accessories, changes, replacements, repairs, additions, or improvements to or within the Demised Premises (unavoidable delays exceptedwhether with or without Landlord's consent), in a workmanlike manner in accordance shall at the election of Landlord remain upon the Demised Premises and be surrendered with the Demised Premises at the expiration of this Lease without disturbance, molestation or injury. Should Landlord elect that alterations, installations, changes, replacements, repairs, additions to or improvements made by or for Tenant upon the Demised Premises be removed upon termination of this Lease or upon termination of any alteration plans renewal period hereof, Tenant hereby agrees that Landlord shall have the right to cause same to be removed at Tenant's sole cost and in compliance expense. Tenant hereby agrees to reimburse Landlord for the cost of such removal together with applicable laws and governmental regulations;the cost of repairing any damage (d) The cost In the event that either Landlord or Tenant, during the term hereby demised, shall he required by the order or decree of the alterations shall be paid any court, or any other governmental authority, or by Tenant so that law, code or ordinance, to repair, alter, remove reconstruct, or improve any part of the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration or of the building of which said premises at the end of the Term; (f) are a part, then Tenant shall maintain proper insurance as required by Landlord; (g) No change make or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration required to permit Landlord to perform such repairs, alterations, removals, reconstructions, or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior improvements without effect whatsoever to the termination obligations or covenants of the Term Tenant herein contained, and the Demised Premises shall be restored to its condition prior to Tenant hereby waives all claims for damages or abatement of rent because of such repairing, alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, orremoval, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredreconstruction, or improvement.

Appears in 1 contract

Sources: Office Building Lease (Template Software Inc)

Alterations. The Tenant Subtenant shall not change the Demised Premises or make any additions, alterations, modifications, improvements or improvements changes (“Alterations”) to the Demised Subleased Premises without the Landlord's express prior written consentconsent of Sublandlord and Master Landlord, which consent may be withheld in Sublandlord’s reasonable discretion but will not be withheld if Master Landlord consents thereto and does not designate such Alterations as a Special Alteration requiring removal at the expiration of the term of the Master Lease. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make All such Alterations shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further performed subject to and upon the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, terms and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost conditions of the alterations shall be paid by Tenant so Master Lease. Sublandlord acknowledges that Subtenant intends to perform initial Alterations to the Demised Subleased Premises remains free to prepare the same for Subtenant’s occupancy. If Master Landlord requires removal or restoration of any liens; of Subtenant’s Alterations, including any Permitted Alterations installed by or on behalf of Subtenant (e) If requested by Landlord, post with Landlord adequate security as opposed to assure restoration existing alterations and improvements in the Subleased Premises as of the premises Early Access Date of this Sublease) at the end expiration or earlier termination of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion term of the alteration or restorationMaster Lease, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days then prior to the termination of this Sublease, Subtenant shall remove any Alterations (including any Permitted Alterations) made by or for Subtenant (exclusive of Sublandlord’s Work). Should Subtenant fail to remove any such Alterations (including any Permitted Alterations) or Cabling, Sublandlord shall have the Term right to do so, and charge Subtenant therefor, plus a service charge of [***] of the Demised Premises shall be restored to its condition prior to such alterationcosts incurred by Sublandlord. The security deposited under Paragraph 10(e) hereof foregoing removal obligation of Subtenant shall be returned not apply in the event that Subtenant and Master Landlord have entered into a direct lease for the Subleased Premises to commence immediately following the Tenant at the end expiration or earlier termination of the Term if term of the Master Lease and Master Landlord elects releases Sublandlord of any obligation to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed remove the Subtenant’s Alterations and the Demised Premises restoredCabling.

Appears in 1 contract

Sources: Sublease Agreement (Toast, Inc.)

Alterations. The Tenant shall will not change the Demised Premises or make any additions, alterations, alterations of or improvements additions to the Demised Leased Premises without the Landlord's prior written consentapproval of Landlord. Any alterations, improvements or additions All work to be performed in or about the Demised Leased Premises that Tenant shall desire to make shall be submitted to Landlord in written formperformed by competent contractors and subcontractors, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested approved by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant which approval shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall not be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing unreasonably withheld by Landlord, except that Landlord may in any event condition its approval of such contractors and if requiredsubcontractors on the Tenant's furnishing separate performance and payment surety bonds covering any work to be performed by such contractors or subcontractors on the Leased Premises, and Landlord may, in any event, require that contractors and subcontractors normally employed by Landlord be engaged for any mechanical or electrical work and thus any alterations be done by contractors or subcontractors compatible with those workmen, contractors and subcontractors employed from time to time in the fee mortgagee Building by Landlord. All alteration work performed by or ground lessee. The for Tenant shall hereunder must be responsible for paying any of Landlord's fees performed in reviewing the Plans and Specifications. At the completion such manner to avoid disruption of the alteration Building operations or restorationdisturbance of other tenants in the Building. Unless Landlord requires the Tenant to restore the Leased Premises as set forth in this Lease, "as-built" plans shall all alterations, additions or improvements which may be delivered to Landlord; (i) Any alteration made by either of the parties hereto upon the Leased Premises, except office furnishings purchased by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at which may be removed without damage or destruction to the election of LandlordLeased Premises, shall be removed by the Tenant thirty (30) days prior to property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease or any calculation thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to stand against the Term Leased Premises and the Demised Premises will immediately remove all such liens. Landlord may remove such liens and Tenant shall be restored to its condition prior to immediately reimburse Landlord upon demand for all costs and expenses, including attorney's fees, incurred by Landlord in removing such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredmechanic's or materialmen's lien.

Appears in 1 contract

Sources: Lease Agreement (Truevision International Inc)

Alterations. The Tenant shall not change Any replacement, alteration, improvement or addition to or removal from the Demised Premises or make Premises, and any additions, alterations, or improvements modifications to the Demised Premises without the Landlord's prior written consent. Any alterations-supplied furniture systems, improvements or additions are collectively referred to in or about the Demised Premises that this Lease as “Alterations.” Should Tenant shall desire to make any Alterations Tenant shall be submitted to so notify Landlord in written formwriting, and submit with proposed its notice detailed plansplans and specifications, or detailed drawings for furniture system modifications, depicting them. Landlord shall have the right to approve all such Alterations, which approval shall not be unreasonably withheld or delayed. Landlord shall engage contractors to perform all such Alterations at Tenant’s cost. Landlord will not charge Tenant any alterationsconstruction supervision fee for Alterations. Prior to commencing any Alterations, improvements Landlord shall submit the contractor’s bid to Tenant for its prior approval. Landlord also shall submit any change orders to Tenant for its prior approval. Neither approval of the plans and specifications nor supervision of the Alterations by Landlord shall constitute a representation or additions proposed warranty by Tenant shall be further subject Landlord as to the following: (a) accuracy, adequacy, sufficiency or propriety of such plans and specifications or the quality of workmanship or the compliance of such Alterations with applicable law. At the time Landlord approves the plans for any Alterations, Landlord shall inform Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancyin writing as to which Alterations, if necessaryany, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall Landlord will require to be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises removed at the end of the Term; (f) , and to the extent Landlord does not so notify Tenant, Tenant shall maintain proper insurance as required by Landlord; (g) No change not be obligated to remove any such Alterations. In no event shall Tenant be obligated to remove any normal office improvements or alterations shall, when completed, tie cabling installed in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lesseePremises. The Tenant shall be responsible for paying any pay the entire cost of the Alterations within twenty (20) days of receipt of Landlord's fees ’s billing. Each Alteration, whether temporary or permanent in reviewing the Plans character (excepting only Tenant’s equipment and Specifications. At the completion of the alteration or restoration, "as-built" plans trade fixtures) shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, ’s property and shall remain upon the Premises at the election of Landlord, shall be removed by [***] Certain information in this document has been omitted and filed separately with the Tenant thirty (30) days prior Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Blackhawk Lease Deer Valley Corporate Center Phoenix, AZ expiration or termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the this Lease (except those Landlord has informed Tenant that Tenant must remove at the end of the Term if Landlord elects Term, as provided above) without compensation to have such improvement remain, or, returned to Tenant. Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredshall make no Alterations except in accordance with this Section 7.

Appears in 1 contract

Sources: Office Space Lease (Blackhawk Network Holdings, Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterationsmake, or improvements suffer to the Demised Premises without the Landlord's prior written consent. Any alterationsbe made, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject in, on, about or to the following: (a) Tenant shall first obtain requisite permits includingPremises or any part thereof, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's without the prior written consent; consent of Landlord and without a valid building permit issued by the appropriate governmental authority; provided, however, Tenant may make non-structural alterations to the interior of the Premises costing less than Ten Thousand Dollars (c$10,000.00) Any alterations shall be made promptly in any twelve (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration 12) month period without obtaining the prior written consent of Landlord. Within ten (10) days after Landlord's receipt of tenant's plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations specifications for Tenant's proposed alterations, additions or improvements, Landlord shall be paid by notify Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlordas to whether or not Landlord consents to the proposed alteration, and if requiredaddition or improvement. As a condition to giving such consent, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, orLandlord may, at the election time of Landlordgiving such consent, require that Tenant agree to remove any such alterations, improvements or additions at the termination of this Lease, and to restore the Premises to their prior condition. If Landlord does not so require that the alteration be removed, then Tenant shall not be removed by the Tenant thirty (30) days prior obligated to do so at the termination of the Lease. Unless Landlord requires that Tenant remove any such alteration, improvement or addition, any alteration, addition or improvement to the Premises, except movable furniture, temporary partitioning, inventory and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant regardless of how affixed to the Premises, together with all other additions, alterations and improvements that have become an integral part of the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the Lease Term, any non-structural alteration, addition or change of any sort to all or any portion of the Premises is required by law, regulation, ordinance or order of any public agency, Tenant shall promptly make the same at its sole cost and expense. If, during the Lease Term, any structural alteration, addition or change of any sort to all or any potion of the Premises is required bylaw, regulation, ordinance or order of any public agency because of (i) Tenant's particular use or change of use of the Premises, (ii) Tenant's application for a new permit or governmental approval, or (iii) Tenant's construction or installation of leasehold improvements or trade fixtures, Tenant shall promptly make the same at its sole cost and expense. If during the Lease Term, any structural alteration, addition or change of any sort to all or any portion of the Premises is required by law, regulation, ordinance or order for any reason other than those described in the immediately preceding sentence, Landlord shall promptly make the same at its sole cost and expense. If during the Lease Term hereof, any alteration, addition, or change to the Common Area is required by law, regulation, ordinance or order of any public agency, Landlord shall make the same and the Demised Premises cost of such alteration, addition or change shall be restored a Common Area Charge and Tenant shall pay its share of said cost to its condition prior to such Landlord as provided in Paragraph 12 above. Notwithstanding the foregoing, if, as of the date of execution of this Lease, any alteration. The security deposited under Paragraph 10(e) hereof shall be returned , addition or change to the Tenant Premises or the Common Area is required by law, regulation, ordinance or order of any public agency, Landlord shall promptly make the same at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed its sole cost and the Demised Premises restoredexpense.

Appears in 1 contract

Sources: Lease Agreement (Oplink Communications Inc)

Alterations. The 11.1 Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises premises (collectively, the "Alterations") without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises. Tenant shall furnish complete plans and specifications to Landlord at the time it requests Landlord's consent to any Alterations if the desired Alterations (i) will affect the Industrial Complex's mechanical, electrical, plumbing or life safety systems or services, or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iii) will cost in excess of five thousand Dollars ($5,000.). Subsequent to obtaining Landlord's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord's actual reasonable out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant's sole cost and expense by a contractor approved in writing by Landlord which approval shall not be unreasonably withheld or delayed. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Demised Premise shall be completed in accordance with plans and specifications which must be approved by Landlord which approval shall not be unreasonably withheld or delayed, shall be carried out in a good, workmanlike and prompt manner and in accordance with the provisions of Exhibit "D" annexed hereto, ----------- shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Without Landlord's prior written consentconsent which approval shall not be unreasonably withheld or delayed, Tenant shall not use any * portion of the Common Areas either within or without the Industrial Complex in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Industrial Complex in order to comply with any applicable Regulations, and Landlord has so notified Tenant prior to Tenant's undertaking of such alterations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any alterations, improvements or additions in or about Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises that upon the expiration or sooner termination of this lease, except Tenant shall desire to make shall be submitted to Landlord in written formupon demand by Landlord, at Tenant's sole cost and expense, forthwith and with proposed detailed plans. all due diligence remove all or any alterations, improvements or additions proposed portion of any Alterations made by Tenant shall which are designated by Landlord to be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, removed _______________ and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans repair and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that restore the Demised Premises remains free of any liens;in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made 11.2 All construction work done by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and within the Demised Premises shall be restored performed in a good and workmanlike manner with new materials of first- class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to its condition prior cause a minimum of interference with other construction in progress and with the transaction of business in the Industrial Complex. Tenant agrees to Indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such alteration. The security deposited under Paragraph 10(e) hereof work. 11.3 In the event Tenant uses a general contractor to perform construction with within the Demised Premises, Tenant shall during or after completion of such work, require said general contractor to execute and deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Industrial Complex to which such contractor might at any time be entitled. 11.4 Nothing contained in this lease shall be returned construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant at the end with respect to any portion of the Term if Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Tenant and any subtenants shall have no power to do any act or make and contract which may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES. 11.5 In the event that Landlord elects to have remodel all or any portion of the Industrial Complex, Tenant will cooperate with such improvement remainremodeling, orincluding Tenant's tolerating temporary inconveniences (and even the temporary removal of Tenant's signs in order to facilitate such remodeling, returned as it may relate to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the exterior of the Demised Premises restoredPremises).

Appears in 1 contract

Sources: Industrial Complex Lease (Pilot Network Services Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterationsmake, or improvements allow to be made, any alterations or physical additions in, about or to the Demised Premises without obtaining the Landlord's prior written consent. Any alterationsconsent of Landlord, improvements or which consent shall not be unreasonably withheld with respect to proposed alterations and additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: which: (a) Tenant shall first obtain requisite permits includingcomply with all applicable laws, but not limited toordinances, a new Certificate of Occupancy, if necessary, rules and authorizations from governmental authorities having jurisdiction; regulations; (b) Obtainare in Landlord's opinion compatible with the Project and its mechanical, if applicableplumbing, any fee mortgagee's or ground lessee's prior written consent; electrical, heating/ventilation/air conditioning systems; and (c) Any will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Specifically, 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 or additions, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of alteration or additions, and the time for performance of 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 reimburse Landlord for all costs which Landlord may incur in connection with granting approval hereunder. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such alterations and additions, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such alterations, physical additions or improvements shall remain the property of Tenant until termination of this Lease, at which time they shall be made promptly (unavoidable delays excepted)and become the property of Landlord if Landlord so elects; provided, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so however, that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shallmay, at Landlord's option, become Landlord's property, orrequire that Tenant, at Tenant's expense, remove any or all alterations, additions, improvements and partitions made by Tenant and restore the election of Landlord, shall be removed Premises by the Tenant thirty (30) days termination of this Lease, whether by lapse of time, or otherwise, to their condition existing prior to the termination construction of any such alterations, additions, partitions or leasehold improvements; provided, however, Tenant shall, in no event, be required to remove any of the Term Improvements initially constructed by Landlord pursuant to the terms hereof. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to so remove such alterations, additions, improvements and partitions or Tenant's trade fixtures or furniture Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. In addition to and wholly apart from Tenant's obligation to pay Tenant's Proportionate Share of Basic Operating Cost, 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 personal property, on the value of the alterations, additions or improvements within the Premises, and on Tenant's interest pursuant to this Lease. 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. Notwithstanding anything to the contrary contained herein, Tenant may, without Landlord's consent, make alterations and additions to the Premises which are nonstructural in character and the Demised Premises shall be restored aggregate cost of which does not exceed $10,000 per project. Tenant agrees to its condition prior to give Landlord written notice of such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to alterations promptly following the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredcompletion thereof.

Appears in 1 contract

Sources: Lease (Sport Supply Group Inc)

Alterations. The Tenant shall not change the Demised Premises or Subtenant may make any additions, alterations, additions or improvements to the Demised Premises without (“Alterations”) with the Landlord's prior written consentconsent of Sublandlord, which consent shall not be unreasonably withheld. Any alterationsThe term “Alterations” shall not include the installation of shelves, partitions, Subtenant’s equipment and trade fixtures which may be performed without damaging existing improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to structural integrity of the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessaryPremises, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations Sublandlord’s consent shall not be made promptly (unavoidable delays excepted), required for Subtenant’s installation of those items. Subtenant shall complete all Alterations at Subtenant’s expense in a workmanlike manner compliance with all applicable laws and in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations specifications approved by Sublandlord. Sublandlord shall be paid by Tenant so that deemed the Demised Premises remains free owner of any liens; (e) If requested by Landlord, post with Landlord adequate security all Alterations except for those which Sublandlord requires to assure restoration of the premises be removed at the end of the Term; (f) Tenant Sublease term. Subtenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant remove all Alterations at the end of the Term if Landlord elects Sublease term unless Sublandlord conditioned its consent upon Subtenant leaving a specified Alteration at the Premises, in which case Subtenant shall not remove such Alteration. Subtenant shall immediately repair any damage to have such improvement remainthe Premises caused by removal of Alterations. Notwithstanding the foregoing, orin no event shall Subtenant be entitled to make any changes, returned to Tenant after restoration by Tenant if Landlord directs that said alteration alterations, or modifications of structural portions or the exterior of the Building, including, without limitation, anything which would affect window treatments, paint, surface texture, awnings, light fixtures, or signage, without first obtaining Sublandlord’s prior written consent, which may be removed withheld in Sublandlord’s sole and the Demised Premises restoredabsolute discretion.

Appears in 1 contract

Sources: Sublease Agreement (Jones Soda Co)

Alterations. The Tenant After the Occupancy Date. Lessee shall not change make no alterations, installations, additions or additional improvements (hereinafter collectively called “Alterations”) in or to the Demised Premises or make any additionsthe Building without Lessor’s prior written consent except for those “Lessee’s Improvements approved by Lessor pursuant to section 9(B) above and which are installed pursuant to Exhibit B-2. Consent by Lessor to Lessee’s Alterations shall not be unreasonably withheld, alterationsexcept that Lessor may withhold its consent in its sole and absolute discretion with regard to requested Alterations by Lessee which affect the structure of the Building, or improvements the mechanical, plumbing or electrical systems of the Building, or any common areas of the Building, or any exterior or interior architectural or visual aspects or parts of the Building, or any portion of the Demised Premises visible from the exterior of the Building, or any other tenant or tenants of the Building. Lessee, at its sole cost and expense, shall provide Lessor with such architectural or other plans as shall be deemed necessary by Lessor prior to performance of such Alterations, and after installation of such Alterations Lessee, at its sole cost and expense, shall provide Lessor with such revised as-built full-floor mechanical and electrical plans for the floor or floors on which the Alterations are to be made, as shall be deemed necessary by Lessor, to show Lessee’s Alterations. If any Alterations are 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, plus fifteen percent (15%) of such expenses as an administrative cost to Lessor. All Alterations shall be made in compliance with all laws and regulations and at Lessee’s sole expense, at such times and in such manner as Lessor may designate, and only by such contractors or mechanics as are approved in writing by Lessor. Approval of contractors or mechanics by Lessor, shall be based, without limitation, upon the contractors or mechanics being properly licensed, bonded and insured, their financial posture, experience and past job performance. All Alterations to the Demised Premises, whether made by Lessor or Lessee, and whether at Lessor’s or Lessee’s expense, or the joint expense of Lessor and Lessee, shall be and remain the property of Lessor. Notwithstanding the foregoing, however, any Alterations, fixtures or any other property installed in the Demised Premises at the sole expense of Lessee, and which can be removed without causing material damage to the Demised Premises without or the Landlord's Building, shall be and remain the property of Lessee if (and only if) Lessee provides to Lessor a list of each such Alteration prior to the installation of such Alteration (as such may be approved by Lessor), and if Lessee fails to list any such Alteration as aforesaid then Lessor shall have the option, by written consentnotice to Lessee, to require Lessee to remove such Alteration at the expiration or earlier termination of this Lease or to leave it in place as Lessor’s property at the expiration or earlier termination of this Lease. Any alterationsIn the event Lessee removes any of these Alterations and the like, improvements or additions in or about Lessee agrees, at Lessor’s election, to: i) to repair any damage to the Building caused by said removal and to restore the Demised Premises to a condition equal to that Tenant shall desire on the Occupancy Date; or ii) pay Lessor, as additional Rent, for all costs incurred by Lessor to make undertake such repairs. Any replacements of any property or improvements of Lessor, whether made at Lessee’s expense or otherwise, shall be submitted and remain the property of Lessor. If Lessor consents to Landlord in written formthe Alterations, with proposed detailed plans. Lessor, may elect to require Lessee to remove all or any alterationspart of the Alterations made by Lessee subsequent to the Occupancy Date at the expiration or earlier termination of the term of this Lease, improvements or additions proposed by Tenant such election which shall be further subject indicated by Lessor to the following: (a) Tenant Lessee in writing at the time Lessor consents to the Alterations. Removal of Lessee’s Alterations shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessarybe at Lessee’s cost and expense, and authorizations from governmental authorities having jurisdiction; (b) ObtainLessee shall, if applicableat its cost and expense, repair any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that damage to the Demised Premises remains free or the Building caused by such removal. Lessee shall remove all of any liens; (e) If requested Lessee’s property at the expiration or earlier termination of this Lease, unless otherwise specified by LandlordLessor, post with Landlord adequate security to assure restoration as set forth above. In the event Lessee does not remove Lessee’s property at the expiration or earlier termination of the premises at Lease, such property shall become the end property of Lessor. In the event Lessee fails to remove its property or the Alterations requested to be removed by Lessor on or before the expiration, or earlier termination, of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shallterm of the Lease, when completed, tie in or connect then Lessor may remove such property and Alterations from the Demised Premises at Lessee’s expense, and Lessee hereby agrees to pay to Lessor, as additional Rent, the cost of such removal together with any other building on adjoining property; (h) No permitted alteration and all damages which Lessor may suffer and sustain by reason of the failure of Lessee to remove the same. Said amount of additional Rent shall be undertaken until detailed Plans due and Specifications have first been submitted to payable upon receipt by Lessee of a written statement of costs and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoreddamages from Lessor.

Appears in 1 contract

Sources: Lease Agreement (Inphonic Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, alterations in or improvements additions to the Demised Premises premises without the Landlord's prior advance written consentconsent in each instance. Any alterationsThe Landlord's decision to refuse such consent shall be reasonable. If the Landlord consents to such alterations or additions, improvements before commencement of the work or additions in delivery of any materials onto the premises or about into the Demised Premises that building, the Tenant shall desire to make shall be submitted to furnish the Landlord in written formwith plans and specifications, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate names and addresses of Occupancy, if necessarycontractors, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any necessary permits. All additions and alterations shall be made promptly (unavoidable delays excepted)installed in a good, workmanlike manner and only new, high grade materials shall be used. The Tenant hereby agrees to hold the Landlord harmless from any and all laibilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and also the cost of decorating the premises occasioned by such alterations and additions. Upon completing any alterations or additions, the Tenant shall furnish the Landlord with contractors' affidavits and full and final waivers of lien covering all labor and materials expended and used provided Tenant shall not be obligated to provide waivers of lien from any contractor or materialmen supplying less than $10,000 in goods or services to the premises and Tenant shall not be obligated to submit waivers of lien from any contractor if the period for filing liens has elapsed and no lien has been filed by that contractor. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of the City of Whitehall or any department or agency thereof, and with the requirements of all statutes and regulations of the State of Ohio or of any department or agency thereof. All additions, hardware, non-trade fixtures and all improvements, including wall and floor coverings, temporary or permanent, in a workmanlike manner in accordance with any alteration plans or upon the premises, whether placed there by the Landlord or the Tenant, shall become the Landlord's property and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of remain upon the premises at the end termination of the Term; (f) Tenant shall maintain proper insurance as required this Lease by Landlord; (g) No change lapse of time or alterations shall, when completed, tie in otherwise without compensation or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee allowance or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior credit to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredTenant.

Appears in 1 contract

Sources: Office Lease (Alliance Data Systems Corp)

Alterations. The Tenant Except as provided herein, Subtenant shall not change make any improvements, alterations, additions or changes (collectively, “Alterations”) in or to the Demised Premises or make changes to locks on doors or add, disturb or in any additionsway change any plumbing, alterationsmechanical, electrical, HVAC, life safety or other Building systems without obtaining the prior written consent of Master Landlord. Any Alterations must be done in full compliance with the provisions of the Master Lease and shall be made at Subtenant’s sole cost and expense (including any review fees charged by Master Landlord under the Master Lease) and by contractors or mechanics approved by Master Landlord (except as otherwise set forth in the Master Lease). All work with respect to any Alterations shall be performed in a good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for the Building and shall be constructed in compliance with all plans approved by Master Landlord. Alterations shall be diligently prosecuted to completion to the end that the Premises shall be at all times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all applicable laws relating thereto, including all building codes and regulations and the Americans with Disabilities Act (the “ADA”). In furtherance of the foregoing Subtenant, at Subtenant’s sole cost and expense, shall make and complete any and all necessary alterations or upgrades to the Premises and/or the Building arising by reason of Subtenant’s Alterations in order to fully comply with the ADA and any life safety requirements applicable to the Premises and the Building. Subtenant, at its sole cost and expense, shall obtain any and all permits and consents of applicable governmental authorities in connection with all Alterations. Subtenant shall be liable to Sublandlord and Master Landlord for the reasonable costs of any improvements to the Demised Premises without Building (whether or not on the Landlord's prior written consentPremises) which may be required as a consequence of Subtenant’s Alterations. Any alterationsSublandlord hereby reserves the right to require any contractor, improvements subcontractor or additions materialsman working in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject providing materials to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, Premises to provide lien waivers and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner liability insurance covering the Alterations to the Premises in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost the terms of the alterations Master Lease. Subtenant shall be paid by Tenant so that the Demised Premises remains free of any liens; give Master Landlord and Sublandlord ten (e10) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days days’ written notice prior to the termination commencement of any Alterations and shall allow Master Landlord and Sublandlord to enter the Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any Alterations. All Alterations shall remain in and be surrendered with the applicable Premises Component as a part thereof at the applicable Expiration Date, without disturbance, molestation or injury, subject to Master Landlord’s rights under the Master Lease to require the removal of Subtenant’s Alterations that are Specialty Improvements and restoration of such Premises Component, which removal and restoration shall be performed by Subtenant in accordance with the Master Lease, at Subtenant’s sole cost and expense. Subtenant shall request in accordance with Section 8.5 [Landlord’s Property] of the Term Master Lease, and deliver to Sublandlord notice of, Master Landlord’s decision with respect to all Subtenant’s Alterations that are Specialty Improvements in each Premises Component at least seven (7) months prior to the applicable Expiration Date. Sublandlord in its sole and absolute discretion may deliver to Subtenant notice no less than six (6) months prior to each Expiration Date that Sublandlord elects to require Subtenant not to perform its removal and restoration obligations with respect to any Specialty Improvements within the applicable Premises Component, in which case Subtenant shall continue to maintain in accordance with this Sublease and the Demised Master Lease such Specialty Improvements and surrender the same with the Premises shall Component as a part thereof as of the applicable Expiration Date, without disturbance, molestation or injury, and such Premises Component to be restored to its condition prior to performance of such alterationAlterations. The security deposited under Paragraph 10(e) hereof In such event, all expenses to remove said Alterations and to so restore the Premises shall be returned paid by Subtenant. Notwithstanding anything herein to the Tenant at contrary, Subtenant shall not be required to restore any alterations or other improvements within any Premises Component that were installed or made therein prior to the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredCommencement Date thereof.

Appears in 1 contract

Sources: Sublease (Twilio Inc)

Alterations. The Tenant Tenant(s) shall not change the Demised Premises or make any additions, alterationsalterations to remodel or decorate any portion of the Rented Premises, or improvements erect or cause to be erected, any structure in, about, or upon the Demised Premises without the Landlord's prior written consent. Any alterationsRented Premises, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, including but not limited to, a new Certificate installation of Occupancyany walls, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's electrical outlets flooring or ground lessee's changes in or about the Rented Premises without the prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost consent of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant Tenant(s) shall be responsible for paying not at any of Landlord's fees time paint the Rented Premises in reviewing the Plans and Specificationsany dark colour such as black, brown, dark blue, purple, etc. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the Upon termination of the Term tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Demised Premises shall be restored Landlord agrees to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned service same, provided the malfunction is not due to the Tenant at Tenant’s removal of or failure to replace the end battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredequipment.

Appears in 1 contract

Sources: Tenancy Lease Agreement

Alterations. The Tenant shall not change make or suffer to be made any alteration, addition or improvement to or of the Demised Premises or make any additions, part thereof (collectively referred to herein as "alterations, or improvements to the Demised Premises ") without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) the prior written consent of Landlord (which consent shall not be unreasonably withheld), (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or similar body. Any alteration made by Tenant under this Paragraph 10 hereof shall(excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting the foregoing, at Landlord's optionall heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become Landlord's property, or, at an integral part of the election of LandlordProject in which the Premises are a part, shall be removed by and become part of the Tenant thirty (30) days prior Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the Term lease. If Landlord consents to the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, and the Demised Premises same shall be restored made at such time and in such manner as Landlord may from time to its condition prior to time designate. Tenant shall, if required by Landlord, secure at Tenant's cost a completion and lien indemnity bond for such alterationwork. The security deposited under Paragraph 10(e) hereof shall be returned to Upon the Tenant at the end expiration or sooner termination of the Term if term, Landlord elects may, at its sole option, require Tenant, at Tenant's sole cost and expense, to have promptly both remove any such improvement remain, or, returned to Tenant after restoration alteration made by Tenant if and designated by Landlord directs that said alteration to be removed and repair any damage to the Demised Premises restoredcaused by such removal. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If during the term any alteration, addition or change of the Premises is required by law, regulation, ordinance or order of any public authority, Tenant, at its sole cost and expense, shall promptly make the same. If during the term any alterations, additions or changes to the Common Area or to the Project in which the Premises is located is required by law, regulation, ordinance or order of any public or quasipublic authority, and it is impractical in Landlord's judgment for the affected tenants to individually make such alterations, additions or changes, Landlord shall make such alterations, additions or changes and the cost thereof shall be a common area charge and Tenant shall pay its percentage share of such cost to Landlord as provided in paragraph 16.

Appears in 1 contract

Sources: Standard Industrial Lease (Monolithic System Technology Inc)

Alterations. The (a) Tenant shall not change the Demised Premises or make any additionsno improvements, alterations, changes or improvements additions to the Demised Premises which involve structural changes to the Premises or the Shopping Center or which affect the mechanical, plumbing, electrical or other utility systems of the Shopping Center without the Landlord's prior written approval. Before proceeding with any such improvement, alterations, changes or additions, Tenant shall submit to Landlord detailed plans and specifications therefor, for Landlord's consent. Any Tenant shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with (i) its decision as to whether to approve the proposed improvements, alterations, improvements changes or additions additions, and (ii) inspecting the same to determine whether the same are being or have been performed in or about accordance with the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written formapproved plans and specifications therefor and with all Legal Requirements and Insurance Requirements, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited towithout limitation, a new Certificate the fees and expenses of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction;any architect or engineer employed for such purpose. (b) ObtainOn the Expiration Date or date of earlier termination of this Lease all improvements, if applicablealterations, changes and additions shall become the property of Landlord and shall be surrendered with the Premises. All fixtures installed in Premises during the Term shall be and remain a part of the Premises and shall be deemed the property of Landlord as of the date such fixtures are completed, or as of the date such fixtures are attached to or built into the Premises, and shall not be removed by Tenant. At Landlord's option, any fee mortgagee's or ground lessee's all of the foregoing which may be designated by Landlord shall be removed by Tenant, at its sole cost and expense, on or before the Expiration Date or date of earlier termination of this Lease, in which event Tenant shall restore the Premises to their condition prior written consent;to the making of such improvements, alterations, changes or additions, repair any damage or injury to the Shopping Center at its sole cost and expense. Notwithstanding the foregoing, Tenant shall have the right to remove its furniture and bank equipment from the Premises so long as it repairs any damage or injury to the Premises caused by such removal. (c) Any alterations removal of Tenant's personal property from the Shopping Center shall be made promptly (unavoidable delays excepted), accomplished in a workmanlike manner in accordance with which will minimize any alteration plans damage or injury to the Premises and in compliance with applicable laws the Shopping Center and governmental regulations; (d) The cost of the alterations any such damage or injury shall be paid promptly repaired by Tenant so that the Demised Premises remains free at its sole cost and expense. Any personal property of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made not removed by Tenant under prior to the Expiration Date or date of sooner termination of this Paragraph 10 hereof Lease shall, at Landlord's option, either become the property of Landlord or shall be disposed of or stored by Landlord at Tenant's risk and expense. (d) No approval of plans or specifications by Landlord or consent by Landlord allowing Tenant to make improvements, alterations, changes or additions to the Premises shall in any way be deemed to be an agreement by Landlord that the contemplated work complies with any Legal Requirements or Insurance Requirements or the certificate of occupancy for the Premises or the Shopping Center, or deemed to be a waiver by Landlord of any of the provisions of this Lease. Notice is hereby given that neither Landlord, Landlord's propertyagents, orthe lessor under any underlying lease of the Shopping Center, at or portion thereof or the election holder of Landlordany mortgage on the Shopping Center, or portion thereof shall be removed by the liable for any labor or materials furnished or to be furnished to Tenant thirty (30) days prior upon credit, and that no mechanic's or other liens for such labor or materials shall attach to or affect any estate or interest of Landlord or any other such party in and to the termination of Premises or the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredShopping Center.

Appears in 1 contract

Sources: Lease Agreement (Community Partners Bancorp)

Alterations. The Tenant Lessee shall not change the Demised Premises make or make permit any additionsalterations in, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in on or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord Premises, except for nonstructural alterations not exceeding Twenty-Five Thousand ($25,000.00) Dollars in cost per calendar year, without the prior written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to consent of the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessaryLessor, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration according to plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and specifications approved in writing by LandlordLessor, which consent shall not be unreasonably withheld. With regard to alterations not requiring Lessor's consent, Lessee shall provide Lessor with copies of all plans and if requiredspecifications therefor prior to the construction thereof. Notwithstanding the foregoing, by the fee mortgagee or ground lessee. The Tenant Lessee shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion not, without prior written consent of the alteration or restorationLessor, "as-built" plans shall be delivered to Landlord;make any: (i) Any alteration made Alterations to the structure or exterior of the Building; (ii) Alterations to and penetrations of the roof of the Buildings and (iii) Alterations visible from outside the Demised Premises to which Lessor may withhold Lessor's consent on wholly aesthetic grounds. All alterations shall be installed at Lessee's sole expense, in compliance with all applicable laws and regulations, by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlorda licensed contractor, shall be removed done in a good and workmanlike manner conforming in quality and design with the Demised Premises existing as of the commencement date hereof, and shall not diminish the value of either the building or the Demised Premises. All alterations made by Lessee shall be and become the property of Lessor upon installation and shall not be deemed Lessee's personal property; provided, however, that Lessor shall at the time consent for the alterations is requested, notify Lessee whether Lessee must at the expiration or earlier termination of the Demised Term, remove, at Lessee's expense, any or all alterations installed by the Tenant thirty Lessee and return the Demised Premises to their condition prior to the installation of such alterations, normal wear and tear excepted. Notwithstanding any other provision of this Lease, Lessee shall be solely responsible for the maintenance and repair of any and all alterations made by it to the Demised Premises. Lessee shall give Lessor written notice of Lessee's intention to perform work on the Demised Premises, whether or not Lessor's consent is required, at least twenty (3020) days prior to the commencement of such work to enable Lessor to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work, Lessor, at Lessor's option at the expiration or earlier termination of the Term and the Demised Premises shall be restored Term, may require Lessee to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end remove some or all of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredany alterations installed without Lessor's consent.

Appears in 1 contract

Sources: Lease (Colonels International Inc)

Alterations. The 8.1 Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises or Common Areas without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed in the interior of the Premises without drilling, cutting or otherwise defacing the Landlord's prior written consentBuilding. Any All alterations, additions, improvements or additions fixtures (whether temporary or permanent in character), but excluding Tenant’s personal property and trade fixtures, made in or about upon the Demised Premises that Tenant shall desire to make Premises, either by Landlord or Tenant, shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant Landlord’s property on termination of this Lease and shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, remain a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost part of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlordwithout compensation to Tenant, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord’s election, shall be removed by Tenant. All furniture and unattached, movable trade fixtures and equipment installed in the Premises by Tenant thirty (30) days prior to may be removed by Tenant at the termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord. If any such property is not removed, Landlord may either declare such property abandoned (in which event it shall become Landlord’s property) or may remove such property from the Term Premises and store same at Tenant’s sole risk and expense. In the event Landlord requires the removal of any alterations, additions, improvements or fixtures, Tenant shall, at its expense, repair and restore any portion of the Premises which is damaged by such removal. All such installations, removals and restorations shall be accomplished in good, workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. 8.2 Any construction work done by Landlord or Tenant upon the Premises or the Property shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and the Demised requirements of any contract or deed of trust to which Landlord may be a party. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from any such work performed by or on behalf of Tenant. Landlord agrees to indemnify Tenant and hold Tenant harmless against any loss, liability or damage resulting from any such work performed by or on behalf of Landlord. Tenant shall, upon Landlord’s request, furnish bonds or other security satisfactory to Landlord against any such loss, liability or damage. 8.3 Tenant will not permit any mechanic’s lien or liens to be placed upon the Premises or Property, or any portion thereof, caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Tenant, and in the case of the filing of any such lien, Tenant will immediately pay and discharge the same. If any lien remains against the Premises or Property for fifteen (15) days, Landlord shall have the right and privilege at Landlord’s option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be restored so much additional rent hereunder due from Tenant to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof Landlord and shall be returned repaid to the Tenant Landlord (together with interest at the end Past Due Rate from the date paid by Landlord) within ten (10) days after Tenant’s receipt of the Term if a statement from Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredtherefor.

Appears in 1 contract

Sources: Lease Agreement (Chuy's Holdings, Inc.)

Alterations. The a. Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to any portion of the Demised Premises Premises, either inside or outside, without the Landlord's ’s prior written consentconsent in each instance. Upon any request by Tenant to make any alterations, additions or improvements, Landlord reserves the right to require Tenant to submit to Landlord plans and specifications for Landlord’s approval. Any alterations, additions or improvements (except for movable equipment and furniture owned by Tenant) installed in the Premises by or additions in or about the Demised Premises that on behalf of Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's ’s option, become a part of the Premises and Landlord's property’s property upon the expiration or earlier termination of this Lease unless otherwise stated by Landlord in writing; provided, orhowever, Landlord shall have the right to require Tenant to remove any such alteration, addition or improvement at Tenant’s expense upon the expiration or earlier termination of this Lease. In the event that Landlord so elects, and Tenant fails to remove such alteration, addition or improvement, Landlord may remove such alteration, addition or improvement at Tenant’s cost, and Tenant shall pay Landlord on demand the cost of restoring the Premises to the condition it existed as of the Commencement Date, ordinary wear and tear excepted. Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in repairing or replacing any damage to the Building, Premises or Common Areas caused by Tenant or Tenant’s agents, employees, invitees, or visitors. b. If any such alterations, additions or improvements are consented to by Landlord, Tenant, at the election of Landlordits sole cost and expense, shall perform such work in a good and workmanlike manner, and shall obtain all necessary governmental permits and certificates necessary for the commencement and completion of such alterations, additions and improvements, and shall cause such alterations, additions and improvements to be removed by the Tenant thirty (30) days prior to the termination of the Term performed in compliance therewith and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remainwith all applicable laws, orordinances, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed requirements, orders, rules and the Demised Premises restoredregulations.

Appears in 1 contract

Sources: Lease Agreement (Nexxus Lighting, Inc.)

Alterations. The A. Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant to the Leased Premises (collectively "ALTERATIONS") which may affect the structure of the Building or the Building's heating, ventilation, air conditioning, mechanical, electrical, plumbing or life safety systems (the "BUILDING SYSTEMS"). Any other Alterations shall be further subject to the following:prior written consent of Landlord. The term "Alterations" does not include those improvements described in the Tenant Improvement Work Letter attached to this Lease as Exhibit C, which improvements are governed by the terms of Exhibit C. B. If Landlord consents (awhich consent shall not be unreasonably withheld or delayed) Tenant shall first obtain requisite permits to any Alterations, it may impose such conditions with respect thereto as Landlord deems appropriate, including, but not limited towithout limitation, a new Certificate requiring Tenant to furnish Landlord with (i) insurance against liabilities which may arise out of Occupancy, if necessary, the Alterations and authorizations from governmental authorities having jurisdiction; (bii) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) copies of plans and specifications and all permits necessary for the Alterations. Any alterations Alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost done at Tenant's expense by employees of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested or contractors hired by Landlord, post with except to the extent Landlord adequate security gives its prior written consent to assure restoration Tenant's hiring its own contractors. In all events, Tenant shall use Landlord's contractors for Alterations to and Alterations affecting any Building Systems. Tenant shall promptly pay to Landlord or Tenant's contractors, as the case may be, when due, the cost of all such Alterations. Upon completion of the premises Alterations, Tenant shall deliver to Landlord, if payment is made by Tenant directly to contractors, evidence of payment, all contractors' and subcontractors' affidavits, full and final waivers of all liens for labor, services or materials and such other supplemental documentation as Landlord may reasonably require, all in form and substance satisfactory to Landlord. Tenant shall defend and hold Landlord and the Property harmless from, and shall pay, all liabilities, claims, judgments, costs, damages, liens and expenses related to the Alterations. All repairs and Alterations done by Tenant or its contractors pursuant to Paragraphs 8 or 9 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, ordinances, rules, regulations and orders of all courts and other tribunals, governmental and quasi- governmental departments and agencies. C. All Alterations and any other improvements to the Leased Premises, pursuant to Exhibit C or otherwise, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord requests their removal (in which case Tenant shall remove the same in the same manner and time as is provided in Paragraph 17 with respect to Tenant's property) be relinquished to Landlord in good condition, order and repair, ordinary wear and tear excepted. At such time as Tenant requests Landlord's consent to make Alterations to the Leased Premises, Tenant may also request Landlord's consent to leave such Alterations at the termination of this Lease, by lapse of time or otherwise. Landlord's consent or refusal to consent shall be given at the same time as (but shall be an independent determination from) Landlord's consent to the making of such Alterations. Such Alterations to which Landlord has given its consent to leave pursuant to this Paragraph 9.B, and which are in good working order and condition at the end of the Term; Lease (fhereinafter called "APPROVED ALTERATIONS") Tenant shall maintain proper insurance as required may be left by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end termination of this Lease. Landlord may also grant, at the Term if Landlord elects time Tenant requests consent to have make Alterations, the right to remove such improvement remain, or, returned Alterations to Tenant after restoration the Leased Premises which were paid for by Tenant if (i) such removal in Landlord's reasonable judgment shall not damage the Leased Premises or the Building; (ii) Tenant shall pay the cost of any damage caused in the removal; and (iii) Tenant indemnifies and holds Landlord directs that said alteration be removed harmless from and against any loss, cost or damage arising from the Demised Premises restoredremoval.

Appears in 1 contract

Sources: Lease Agreement (Privatebancorp Inc)

Alterations. The Tenant shall will not change make or permit anyone to make any alterations, additions or improvements, structural or otherwise (hereinafter referred to as "Alterations"), in or to the Demised Premises or make the Building, without the prior written consent of Landlord. Tenant shall secure at its sole cost and expense all necessary permits required for the performance of the Alterations prior to the commencement of any additionswork. if any mechanic's lien is filed against the Demised Premises, alterationsthe Building, and/or the Land, for work or materials done for, or improvements furnished to, Tenant (other than for work or materials supplied by Landlord), such mechanic's lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant's sole cost and expense, by the payment thereof or by the filing of any bond required by law. If Tenant shall fail to discharge any such mechanic's lien, Landlord may, at its option, discharge the same and treat the cost thereof as additional rent hereunder, payable with the monthly installment of rent next becoming due; and such discharge by Landlord shall not be deemed to waive the default of Tenant in not discharging the same. Tenant will indemnify and hold Landlord harmless from and against any and all expenses, liens, claims or damages to person or property which may or might arise by reason of the making of any Alterations. If any Alteration is made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for all expenses so incurred by Landlord. All Alterations in or to the Demised Premises without or the Landlord's prior written consent. Any alterations, improvements or additions in or about Building made by either party shall immediately become the property of Landlord and shall remain upon and be surrendered with the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, as a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises part thereof at the end of the Term; (f) term hereof; provided, however, that if Tenant is not in default in the performance of any of its obligations under this Lease, Tenant shall maintain proper insurance as required by Landlord; (g) No change have the right to remove, prior to the expiration of the term of this Lease, all movable furniture, furnishings or alterations shall, when completed, tie equipment installed in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlordat the expense of Tenant, and if required, by the fee mortgagee or ground lessee. The such property of Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made is not removed by Tenant under prior to the expiration or termination of this Paragraph 10 hereof Lease, the same shall, at Landlord's option, become Landlord's property, or, at the election property of Landlord, Landlord and shall be removed by the Tenant thirty (30) days prior to the termination of the Term and surrendered with the Demised Premises shall be restored to its condition prior to such alterationas a part thereof. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Should Landlord elects to have such improvement remain, or, returned to Tenant after restoration elect that Alterations installed by Tenant if Landlord directs that said alteration be removed upon the expiration or termination of this Lease, Tenant shall remove the same at Tenant's sole cost and expense, and if Tenant fails to remove the Demised Premises restoredsame, Landlord may remove the same at Tenant's expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may sustain by reason of such default by Tenant.

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Century Bancshares Inc)

Alterations. The Tenant shall not change have no right to make alterations in the Demised Premises or make any additions, alterations, or improvements to except with the Demised Premises without the Landlord's prior written consentconsent of Landlord, which shall not be unreasonably withheld. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any All alterations shall be made promptly (unavoidable delays excepted), at Tenant's sole expense in a good, legal, attractive and workmanlike manner in accordance with any alteration manner, and shall not reduce the value of the Premises. Tenant shall supply to Landlord plans and specifications for any alterations planned by Tenant, which must be approved in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved advance in writing by Landlord. Tenant shall keep the Premises free and clear of any lien or claim of lien arising out of any such work occurring, or allegedly occurring, by, through or under Tenant, and if required, shall immediately pay and discharge any such lien or claim of lien that is filed. All unattached trade fixtures installed in the Premises by and at the fee mortgagee or ground lessee. The expense of Tenant shall may be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made removed by Tenant under at any time during the term of this Paragraph 10 hereof Lease; provided, that, Tenant is not in default hereunder and such removal will not damage the Premises or that any damage caused by such removal will be promptly repaired by Tenant at its expense. Except as provided above, any alterations to the Premises and property installed therein shall, at Landlord's option, become Landlord's property, or, at the election property of Landlord, Landlord or shall be removed by Tenant, as Landlord may direct, at the expiration or the earlier termination of this Lease. Tenant thirty (30) days prior to shall repair any damage caused by removal, and Tenant's obligations hereunder shall survive the expiration or earlier termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredLease term.

Appears in 1 contract

Sources: Lease Agreement (Synthetic Industries Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises without the Landlord's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any alterations, additions or improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed performed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost all of the alterations shall terms and conditions of this Paragraph 6. All work to be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made performed by Tenant under this Paragraph 10 hereof shall6 shall be performed in accordance with plans and specifications (or detailed description if a building permit is not required for the work) approved in advance by Landlord and in compliance with all applicable codes, rules, regulations, ordinances and laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers' compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be designated as an additional insured on such certificates. Tenant shall furnish to Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic's liens or other liens, encumbrances, security interests and charges. Except to the extent resulting from the negligent acts of Landlord or any Landlord Entities, Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (including attorneys' fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the work performed in accordance with this Paragraph. Tenant, at its own cost and expense, and without Landlord's optionconsent, become may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's propertyspecifications and requirements. All alterations, oradditions, at improvements and partitions erected by Tenant shall be and remain the election property of LandlordTenant during the term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed by on or before the Tenant thirty (30) days prior earlier to occur of the date of termination of this Lease or vacating the Term Premises, at which time Tenant shall restore the Premises to their original condition, reasonable wear and the Demised Premises tear and casualty damage excepted. All alterations, installations, removals and restoration shall be restored performed in a good and workmanlike manner so as not to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to damage or alter the Tenant at the end primary structure or structural qualities of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed Building and other improvements situated on the Demised Premises restoredor of which the Premises are a part.

Appears in 1 contract

Sources: Commercial Lease Agreement (Intest Corp)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises without the Landlord's prior written consentconsent of Landlord, which shall not be unreasonably withheld or delayed with respect to such alterations, additions or improvements which are nonstructural in nature or which do not involve roof penetrations. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed alterations performed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost all of the alterations shall terms and conditions of this Paragraph 6. All work to be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made performed by Tenant under this Paragraph 10 hereof shall6 shall be performed in accordance with plans and specifications approved in advance by Landlord and in compliance with all applicable codes, rules, regulations, ordinances and laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers' compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be designated as an additional insured on such certificates. Tenant shall furnish to Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic's liens or other liens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all costs (including attorneys' fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the work performed in accordance with this Paragraph. 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 alter the basic character of the Premises or the building and/or improvements of which the Premises are a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's optionspecifications and requirements. All alterations, become Landlord's propertyadditions, orimprovements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. All shelves, at the election of Landlordbins, machinery and trade fixtures installed by Tenants shall be removed by on or before the Tenant thirty (30) days prior earlier to occur of the date of termination of the Term Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition, reasonable wear and the Demised Premises tear excepted. All alterations, installations, removals and restoration shall be restored performed in a good and workmanlike manner so as not to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to damage or alter the Tenant at the end primary structural qualities of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed buildings and other improvements situated on the Demised Premises restoredor of which the Premises are a part.

Appears in 1 contract

Sources: Commercial Lease Agreement (American Pharmaceutical Partners Inc /Ca/)

Alterations. The Tenant shall not change the Demised Premises or make any additions, no alterations, decorations, additions or improvements in or to the Demised Premises without the Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make All such work shall be submitted done at such times and in such manner as Landlord may from time to Landlord in written form, with proposed detailed planstime designate. any alterations, improvements Tenant covenants and agrees that all work done by or additions proposed by pursuant to the direction and instruction of Tenant shall be further subject to 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 following: (a) rules, orders, directions, regulations and requirements of the Insurance Service Office, and of any similar body. Before commencing any work, Tenant shall first obtain requisite permits including, but not limited to, a new Certificate give Landlord at least twenty-one (21) days written notice of Occupancythe proposed commencement of such work and shall, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested required by Landlord, post with Landlord adequate security secure at Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, for said work. 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., All alterations, decorations, additions or improvements upon the Premises, made by Tenant, including without limitation wall coverings, draperies, floor coverings, built-in cabinet work, paneling and the like (but excluding Tenant's trade fixtures, if requiredany, equipment and furnishings) shall become the property of Landlord upon expiration or sooner termination of this Lease, and shall remain upon and be surrendered with the Premises as part thereof, except that Landlord may, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restorationwritten notice to Tenant, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, given at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant lest thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects term, require Tenant to have such improvement remainremove all partitions, orcounters, returned railings and the like installed by or pursuant to the direction and instruction of Tenant, and Tenant after restoration shall repair the Premises ** Any items of alteration submitted by Tenant if and approved by Landlord directs that said alteration require removal from premises upon expiration of lease shall be removed and the Demised Premises restoredidentified by Landlord at time of initial approval by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Tickets Com Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits includingnot make any alterations, but not limited toinstallations, a new Certificate changes, replacements, additions or improvements (structural or otherwise) in or to the Demised Premises or any part thereof without the prior written consent of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction;Landlord. (b) ObtainThe Tenant shall provide the Landlord in timely manner with complete working drawings of any improvements or alterations within the Demised Premises approved by the Tenant. Any such improvements or alterations shall be constructed in a reasonable period of time after receipt of such working drawings by the Landlord at the expense of Tenant, if applicableunless the Landlord expressly waives its right to perform such construction. Any revision or modification to the approved drawings after commencement of construction shall be grounds for a reasonable extension of the period of construction within the Demised Premises. In the event that the Tenant shall fail to provide drawings which it has approved in sufficient time to permit completion of construction within the Demised Premises prior to the lease commencement date, the lease commencement date shall not be extended, and Tenant shall take possession of the Demised Premises and commence rental payments as otherwise provided herein, without abatement of any fee mortgagee's or ground lessee's prior written consent;kind, even though construction may not be complete, nor an occupancy permit issued. (c) Any alterations shall be made promptly (unavoidable delays excepted)It is expressly understood that all alterations, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that installations, or improvements, including wall-to-wall carpet, upon or within the Demised Premises remains free of any liens; (e) If requested by whether with or without the Landlord's consent), post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect remain upon the Demised Premises with any other building on adjoining property; (h) No permitted alteration and shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by surrendered with the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing Demised Premises at the Plans and Specifications. At the completion expiration of the alteration Lease without disturbance, molestation or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's propertyinjury, or, at the election of Landlord, the Landlord shall be removed by the Tenant thirty (30) days at its cost prior to the termination date of lease termination. Should Landlord elect that alterations, installations, changes, replacements, additions to or improvements made by Tenant without the Term and Landlord's consent upon the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed upon termination of this Lease, Tenant hereby agrees to cause the same to be removed at Tenant's sole cost and expense and to restore the Demised Premises restoredto its original condition and should Tenant fail to remove the same, then and in such event Landlord may cause same to be removed at Tenant's expense and Tenant hereby agrees to 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 the Tenant to remove the same, which cost and damages shall be deemed to be Additional Rent. (d) In the event Landlord shall permit the Tenant to make any alterations, said alterations shall be performed in a good and workmanlike manner in accordance with all applicable legal requirements. (e) If any mechanic's lien is filed against the Demised Premises or the Property for work or material claimed to have been done for, or furnished to, Tenant, such mechanic's lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant's sole cost and expense by payment thereof or posting such bond or paying such amount as will effect a release of such lien. If Tenant shall fail to discharge or obtain the release of any such mechanic's lien, Landlord may, at its option, discharge or release the same and treat the cost thereof as Additional Rent payable with the monthly installment of Rent next becoming due; and such discharge or release by Landlord shall not be deemed to waive the default of Tenant in not discharging or releasing the same. Tenant shall indemnify and hold Landlord and the holders of any mortgages or deeds of trust on the Property harmless from and against any and all expenses, liens, claims or damages to person or property which may or might arise by reason of the making of any alterations.

Appears in 1 contract

Sources: Lease Agreement (CVC Inc)

Alterations. The Section 10.1 Tenant shall not change the Demised Premises or make any additionsalterations or renovations to the Premises without first obtaining Landlord's written consent in each instance. Consent for merely "cosmetic" alterations is not required. If Landlord unreasonably withholds its consent after having been provided with full information and details as herein required, alterationsthen Tenant may, as its sole remedy and at its sole cost and risk, proceed with the alteration or renovation at its sole risk and expense utilizing a contractor approved by Landlord as provided herein. Landlord shall not be deemed unreasonable by refusing to consent to any alteration which: (i) is or may be visible from the exterior of the Building or the Project, (ii) which may affect the building structure, exterior, load bearing members, walls, stairwells, escalators, or improvements to any electrical, mechanical, HVAC communication, alarm or other systems and equipment in the Demised Premises without the Landlord's prior written consentBuilding or Project or which are prohibited by any underlying ground lease or mortgage. Any alterations, improvements or additions in or about the Demised Premises that Should Tenant shall desire to make any alterations to the Premises, Tenant shall be submitted submit all plans and specifications for such proposed alterations to Landlord for Landlord's review before Tenant allows any such work to commence, and Landlord shall approve or disapprove such plans and specifications for any of the reasons set forth in written form, with proposed detailed plansthis Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. any alterations, improvements or additions proposed by Tenant shall be further subject select and use only contractors, subcontractors or other repair personnel from those listed on Landlord's approved list maintained by Landlord in the Project management office or otherwise approved by Landlord. Upon Tenant's receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant's payment to the following: Landlord of (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate reasonable fee prescribed by Landlord for the work of Occupancy, if necessary, Landlord and authorizations from governmental authorities having jurisdiction; Landlord's employees and representatives in reviewing and approving such plans and specifications and (b) Obtainthe fees, if applicableany charged by any mortgagee or lessor of Landlord for such review and approval, any fee mortgageeTenant shall have the right to proceed with the construction of all approved alterations, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations, whether directly or indirectly caused or necessitated by Tenant's or ground lessee's prior written consent; (c) Any alterations alteration, shall be made promptly (unavoidable delays excepted)at Tenant's sole cost and expense, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid either by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of LandlordTenant's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shallcontractors or, at Landlord's option, become by Landlord on terms reasonably satisfactory to Tenant, including a fee of fifteen percent (15%) of the actual costs of such work to cover Landlord's propertyoverhead and a fee for Landlord's agent or manager in supervising and coordinating such work. If Tenant's contractor performs such work, ora fee of seven and one-half percent (7.5%) of the actual costs of such work shall be paid to Landlord as a fee for Landlord's agent or manager in supervising and coordinating such work to cover overhead and a fee for Landlord's agent or manager for supervising and coordinating such work. In no event, at the election of Landlordhowever, shall anyone other than Landlord or Landlord's employees or representatives perform work to be removed done which affects the Central Areas of the Building. LANDLORD ___________ TENANT ____________ Section 10.2 All construction, alterations and repair work done by or for Tenant shall (a) be performed in such a manner as to maintain harmonious labor relations; (b) not adversely affect the Tenant thirty safety of the Project, the Building or the Premises or the systems thereof and not affect the Central Areas of the Building; (30c) days comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and insurance requirements; (d) not result in any usage in excess of building standard of water, electricity, gas, or other utilities or of heating, ventilating or air-conditioning (either during or after such work) unless prior written arrangements satisfactory to Landlord are made with respect thereto; (e) be completed promptly and in a good and workmanlike manner and in compliance with, and subject to, all of the provisions of Article F of Exhibit "C" hereof; and (f) not disturb Landlord or other tenants in the Building. After completion of any alterations to the termination Premises, Tenant will deliver to Landlord a copy of "as built" plans and specifications depicting and describing such alterations. Section 10.3 All Leasehold Improvements, alterations and other physical additions made to or installed by or for Tenant in the Term and the Demised Premises shall be restored and remain Landlord's property (except for Tenant's furniture, personal property and movable trade fixtures) and shall not be removed without Landlord's written consent. Tenant agrees to remove, at its condition prior sole cost and expense, all of Tenant's furniture, personal property and movable trade fixtures, and, if directed to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned or permitted to do so by Landlord in writing, all, or any part of, the Leasehold Improvements, alterations and other physical additions made by or on behalf of Tenant to the Premises (including, without limitation, all cabling and wiring for computer systems, telephones and the like whether located above the finished ceiling or underneath the floor), on or before the Expiration Date or any earlier date of termination of this Lease. Tenant shall repair, or promptly reimburse Landlord for the cost of repairing all damage done to the Premises or the Building by such removal. Any Leasehold Improvements, alterations or physical additions made by or on behalf of Tenant which Landlord does not direct or permit Tenant to remove at any time during or at the end of the Lease Term if shall become the property of Landlord elects at the end of the Lease Term without any payment to have such improvement remainTenant. If Tenant fails to remove any of Tenant's furniture, personal property or movable trade fixtures by the Expiration Date or any sooner date of termination of the Lease or, returned if Tenant fails to remove any Leasehold Improvements, alterations and other physical additions made by Tenant to the Premises which Landlord has in writing directed Tenant to remove (including, without limitation, all cabling and wiring for computer systems, telephones and the like whether located above the finished ceiling or underneath the floor), Landlord shall have the right, on the fifth (5th) day after Landlord's delivery of written notice to Tenant after restoration to deem such property abandoned by Tenant if and to remove, store, sell, discard or otherwise deal with or dispose of such abandoned property in a commercially reasonable manner. Tenant shall be liable for all costs of such disposition of Tenant's abandoned property, and Landlord directs that said alteration be removed shall have no liability to Tenant in any respect regarding such property of Tenant. The provisions of this Section 10.3 shall survive the expiration or any earlier termination of this Lease. Tenant hereby appoints Landlord as the attorney-in-fact for Tenant and authorizes Landlord, as such attorney-in-fact, to execute on behalf of Tenant any ▇▇▇▇ of sale or other document which Landlord may deem necessary to evidence the Demised Premises restoredconveyance of such property, and authorizes Landlord, as such attorney-in-fact, to execute on behalf of Tenant any ▇▇▇▇ of sale or other document which Landlord may deem necessary to evidence the conveyance of such property.

Appears in 1 contract

Sources: Lease Agreement (Teamstaff Inc)

Alterations. The Tenant (a) Subtenant shall not change the Demised Premises or make any alterations, additions, alterations, or improvements to the Demised Subleased Premises without the Landlord's Sublandlord’s prior written consent, which shall not be unreasonably withheld or delayed, and the approval of Master Landlord pursuant to the terms and conditions outlined in the Master Lease. Any alterations, additions or improvements or to which Master Landlord and Sublandlord consent must be constructed and installed in accordance with (i) all requirements contained in the Master Lease, including, without limitation those requirements set forth in Article 10 of the Master Lease, and (ii) any reasonable requirements imposed by Sublandlord to protect Sublandlord’s interest in the Master Lease and/or in the Subleased Premises. All such alterations, additions and improvements consented to by Sublandlord and Master Landlord will be performed by contractors approved by Sublandlord and Master Landlord, and will be made using new, first class materials and in or about a good and workmanlike manner. At its sole cost and expense, Subtenant shall coordinate all work with a project manager approved by Sublandlord (and Master Landlord, if required by the Demised Premises that Tenant Master Lease), and Sublandlord shall desire have the right to make review all progress in connection with such work, Subtenant shall be submitted solely responsible for any and all expenses and additional costs charged by Master Landlord (whether billed directly to Landlord in written form, with proposed detailed plans. any alterations, improvements Sublandlord or additions proposed by Tenant shall be further subject Subtenant) pursuant to the following: Master Lease, including, without limitation, legal expenses, architectural and engineering expenses). Where possible, Subtenant shall coordinate payment of all additional costs directly with Master Landlord. Sublandlord shall not be required to advance any payments to Master Landlord on Subtenant’s behalf or to provide any construction bonds on Subtenant’s behalf. Subtenant will indemnify and hold Sublandlord, Master Landlord, the Subleased Premises, the Premises, and the Building free, clear and harmless of and from all mechanics’ liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Subtenant. Prior to the commencement of any work (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate any maintenance, repairs, alterations, additions, improvements or installations) in or to the Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written notice of Occupancythe proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Sublandlord and/or Master Landlord will have the right to post notices of non- responsibility or similar written notices on the Subleased Premises and the Premises in order to protect the same against any such liens. All alterations (whether temporary or permanent in character and whether made with or without the consent of Sublandlord and/or the Master Landlord) made in or upon the Subleased Premises, if necessaryeither by Sublandlord or Subtenant, shall be the Master Landlord’s property upon installation and authorizations from governmental authorities having jurisdiction;shall remain on the Subleased Premises without compensation to Subtenant unless Master Landlord shall elect to have the alterations removed pursuant to the terms and conditions outlined in the Master Lease. (b) ObtainSubject to subsection 4.7(c) below, if applicableSubtenant shall not be responsible for the removal of any alterations, additions or improvements (including phone and data cabling) made (i) by Sublandlord or (ii) by Subtenant, provided in the case of this subsection (ii) that such alterations, additions or improvements have been made by Subtenant in accordance with the terms of this Sublease. In addition, Subtenant shall not be responsible for the restoration of the Premises to its condition existing as of the Commencement Date so long as any fee mortgagee's alterations, additions or ground lessee's prior written consent;improvements made by Subtenant have been approved by Sublandlord and Master Landlord. (c) Any alterations shall be made promptly (unavoidable delays excepted)Notwithstanding anything else herein to the contrary, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost should Master Landlord pursuant to the terms of the alterations shall be paid by Tenant so Master Lease demand that the Demised Premises remains free of Sublandlord or Subtenant remove any liens; (e) If requested by Landlordalterations, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change additions or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration improvements made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at Sublandlord or Subtenant to the election of Landlord, shall be removed by the Tenant thirty Subleased Premises (30) days either prior to or during the termination term of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(ethis Sublease) hereof shall be returned to the Tenant at the end of the Term if Landlord elects pursuant to have the terms and conditions outlined in the Master Lease, the cost of removal of such improvement remainalterations, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration additions or improvements will be removed split evenly between the Sublandlord and the Demised Premises restoredSubtenant.

Appears in 1 contract

Sources: Sublease Agreement (SolarWinds, Inc.)

Alterations. The Tenant shall not change the Demised Premises permit structural or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements non-structural alterations or additions in or about to the Demised Leased Premises that unless and until the plans have been approved by Landlord in writing. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations or improvements, except movable office furniture and equipment and trade fixtures, shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. If Landlord consents to Tenant's performance of alterations or additions to the Leased Premises, Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, ensure that all alterations and improvements which are made or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations necessitated thereby shall be made promptly (unavoidable delays excepted)in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and in accordance quality equal to or better than the original construction of the Building. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations construction or installation. No person shall be paid entitled to any lien directly or indirectly derived through or under Tenant or through or by Tenant so that the Demised Premises remains free virtue of any liens; (e) act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. If requested by Landlordany lien is filed against the Leased Premises for work claimed to have been done for, post with Landlord adequate security or material claimed to assure restoration of the premises at the end of the Term; (f) have been furnished to, Tenant, Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall cause such lien to be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any discharged of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant record within thirty (30) days prior to the termination of the Term after filing by bonding or in any other lawful manner. Tenant shall indemnify and the Demised Premises shall be restored to its condition prior to save harmless Landlord from all costs, losses, expenses, and attorneys' fees in connection with any such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredlien.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Universal Electronics Inc)

Alterations. The A. Tenant shall not change the Demised Premises or make any additionsnot, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterationsconsent of Landlord, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements improvements, additions or additions proposed by installations or perform any decorating, painting, or other similar work or in about the Premises. If Landlord so consents, before commencement of any such work or delivery of any materials into the Premises or the Building, Tenant shall be further subject to furnish the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration Landlord for approval: architectural plans and specifications, names and addresses of all contractors, contracts, necessary permit and licences, certificates of insurance and instruments of indemnification and waivers of lien against any and all claims, costs, expenses, damages and liabilities which may arise in compliance connection with applicable laws such work, all in such form and governmental regulations; (d) The cost of amount as may be satisfactory to Landlord. Whether or not Tenant furnishes the alterations shall be paid by foregoing, Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security agrees to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by hold Landlord, and if requiredLandlord's beneficiaries, by the fee mortgagee or ground lesseeagents and employees forever harmless against all claims and liabilities of every kind, nature and description which may arise out of and in such manner as Landlord may from time to time designate. The Tenant shall be responsible for paying any pay the cost of Landlord's fees in reviewing all such work and the Plans cost of decorating the Premises and Specificationsthe Building occasioned thereby. At the Upon completion of the alteration or restorationsuch work, "as-built" plans Tenant shall furnish Landlord with contractor's affidavits and full and final waivers of lien and receipted ▇▇▇▇ covering all labor and materials expended and used in connection therewith. All such works shall comply with all insurance requirements and with all laws, ordinances, rules and regulations of all governmental authorities, and shall be delivered done in a good and workmanlike manner with the use of good grades of materials. Tenant shall permit Landlord to Landlord; (i) Any alteration made supervise and monitor construction operations in connection with such work. All alterations, improvements, additions and installations by Tenant under this Paragraph 10 hereof shallto or on the Premises, at Landlord's optionother than built-in furniture, shall become Landlord's property, or, part of the Premises at the election time of Landlordtheir installations, and shall remain upon and be surrendered under the Premises as a part thereof at the termination or expiration of this Lease. Consent of Landlord shall not be unreasonably withheld. B. Tenant agrees not to suffer or permit any lien of any mechanic or materialman to be placed or filed against the Properly or the Premises. In case any such lien shall be removed by the filed, Tenant thirty (30) days prior to the termination shall immediately satisfy and release such lien of the Term and the Demised Premises record. If Tenant shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects fail to have such improvement remainlien immediately satisfied and released of record, orLandlord may, returned on behalf of Tenant, without being responsible for making any investigation as to the validity thereof, pay the amount of said lien and Tenant after restoration shall promptly reimburse Landlord therefor. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by Tenant if Landlord directs that said alteration act of Tenant, operation of law or otherwise, to attach to or be removed placed upon Landlords title or interest in the Premises, and the Demised Premises restoredany and all liens and encumbrances created by tenant shall be attached to Tenant's interest only.

Appears in 1 contract

Sources: Office Building Lease (Lasergate Systems Inc)

Alterations. The Tenant 7.1 Subtenant shall not change the Demised Premises or make any additions, alterations, or improvements be permitted to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. perform any alterations, improvements installations, improvements, additions, or additions proposed by Tenant other physical changes in, on, or about, the Sublet Premises (collectively, “Alterations”), without the prior written consent of the Landlord and Sublandlord. Any permitted Alterations shall be further subject to performed by Subtenant, at Subtenant’s sole cost and expense, in accordance with (i) the following: terms of any approved plans and specifications, approved by Landlord and Sublandlord, (aii) Tenant shall first obtain requisite permits the terms of the Prime Lease (including, but not limited to, a new Certificate of Occupancy, if necessarythe obligation to maintain certain insurance requirements, and authorizations from governmental authorities having jurisdiction; (b) Obtainto name Landlord, if applicableSublandlord, and any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays exceptedother parties required under the Prime Lease, as additional insureds thereunder), in (iii) the Sublease, and (iv) applicable law. 7.2 Within ten (10) business days following the completion of any Alterations, Subtenant shall deliver to Sublandlord, at Subtenant’s sole cost and expense, (i) a workmanlike manner complete set of “as built” plans for the Alterations, (ii) lien waivers from all contractors and materialmen having furnished services or materials for the Alterations, and (iii) copies of any requisite certifications evidencing that the Alterations were completed in accordance with any alteration the approved plans and specifications and in compliance with all applicable laws laws. Subtenant shall reimburse Landlord and governmental regulations; (d) The cost Sublandlord, upon receipt of the alterations shall be paid by Tenant so that the Demised Premises remains free a written demand, for reimbursement of any liens; costs and expenses incurred by such parties in connection with their respective review of Subtenant’s plans and specifications (e) If requested by Landlordincluding, post with Landlord adequate security to assure restoration without limitation, for payment of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shallany architect, when completedengineer and attorneys, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlordarchitects, and if requiredengineers’ fees), by the fee mortgagee or ground lesseeand regardless of whether consent to any such plans and specifications is ultimately granted. The Tenant Subtenant shall be responsible for paying to maintain and repair any of Landlord's fees in reviewing such Alterations, at its sole cost and expense, throughout the Plans and Specifications. At the completion term of the alteration Sublease. 7.3 On, or restorationbefore, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the Expiration Date or earlier termination of the Term Sublease, Subtenant shall restore the Sublet Premises, including but not limited Subtenant’s Work , at its sole cost and expense, to the condition the Sublet Premises is to be surrendered to Sublandlord pursuant to Section 6.3 hereof, unless Sublandlord shall deliver to Subtenant a written notice expressly waiving such restoration obligations. The terms of this Section 7.3 shall survive the Expiration Date or earlier termination of this Sublease. 7.4 Subtenant hereby acknowledges and agrees that Sublandlord’s consent to any Alterations shall in no way be construed as a representation by Sublandlord that the Alterations satisfy existing law or engineering and/or architectural requirements. Subtenant shall not be permitted to make any alterations or additions to the Building’s mechanical, electrical, heating, air conditioning, ventilation, or plumbing systems, and Subtenant covenants and agrees that at all times its use of electric current shall not exceed the existing capacity of the feeders, risers, and wiring installations, servicing the Sublet Premises and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredBuilding.

Appears in 1 contract

Sources: Sublease Agreement (Imperium Renewables Inc)

Alterations. The Tenant shall will not change the Demised Premises or make any additions, alterations, alterations of or improvements additions to the Demised Leased Premises without the Landlord's prior written consentapproval of Landlord. Any alterations, improvements or additions All work to be performed in or about the Demised Leased Premises that Tenant shall desire to make shall be submitted to Landlord in written formperformed by competent contractors and subcontractors, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested approved by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant which approval shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall not be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing unreasonably withheld by Landlord, except that Landlord may in any event condition its approval of such contractors and if requiredsubcontractors on the Tenant's furnishing separate performance and payment surety bonds covering any work to be performed by such contractors or subcontractors on the Leased Premises, and Landlord may, in any event, require that contractors and subcontractors normally employed by Landlord be engaged for any mechanical or electrical work and that any alterations be done by contractors or subcontractors compatible with those workmen, contractors and subcontractors employed from time to time in the fee mortgagee Building by Landlord. All alteration work performed by or ground lessee. The for Tenant shall hereunder must be responsible for paying any of Landlord's fees performed in reviewing the Plans and Specifications. At the completion such manner to avoid disruption of the alteration Building operations or restorationdisturbance of other tenants in the Building. Unless Landlord requires the Tenant to restore the Leased Premises as set forth in this Lease, "as-built" plans shall all alterations, additions or improvements which may be delivered to Landlord; (i) Any alteration made by either of the parties hereto upon the Leased Premises, except office furnishings and equipment ------------- purchased by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at which may be removed without damage or destruction to the election of LandlordLeased Premises, shall be removed by the Tenant thirty (30) days prior to property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease or any extension thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to stand against the Term Leased Premises and the Demised Premises will immediately remove all such liens. Landlord may remove such liens and Tenant shall be restored to its condition prior to immediately reimburse Landlord upon demand for all costs and expenses, including attorney's fees, incurred by Landlord in removing such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredmechanic's or materialmen's lien.

Appears in 1 contract

Sources: Lease Agreement (Loraca International Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises premises (including but not limited to roof and wall penetrations) without the Landlord's prior written consentconsent of Landlord. Any Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written formadditions, with proposed detailed plans. any alterationsimprovements, improvements or additions proposed and partitions erected by Tenant shall be further subject and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and paid for by Tenant and restore the premises to their original condition by the following: (a) Tenant shall first obtain requisite permits includingdate of termination of this lease or upon earlier vacating of the premises; provided, but not limited tohowever, a new Certificate that if Landlord so elects prior to termination of Occupancythis lease or upon earlier vacating of premises, if necessarysuch alterations, additions, improvements, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations partitions shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost become the property of Landlord as of the alterations shall be paid by Tenant so that the Demised Premises remains free date of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration termination of this lease or upon earlier vacating of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered up to Landlord; (i) Any alteration made the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant under may be removed by Tenant prior to the termination of this Paragraph 10 hereof shalllease if Tenant so elects, at Landlord's option, become Landlord's property, or, at the election of Landlord, and shall be removed by the Tenant thirty (30) days prior to the date of termination of this lease or upon earlier vacating of the Term premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and the Demised Premises restoration shall be restored accomplished in a good workmanlike manner so as not to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to damage the Tenant at the end primary structure or structural qualities of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed buildings and other improvements situated on the Demised Premises restoredpremises.

Appears in 1 contract

Sources: Lease Agreement (Luminex Corp)

Alterations. The Tenant shall not change the Demised Premises make or make allow to be made any additions, alterations, additions or improvements to the Demised Premises Premises, or alterations, either at the inception of the Lease or subsequently during the Term, without obtaining the Landlord's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld. Any Tenant shall deliver to Landlord the contractor's name, references and state license number, and a certificate of insurance naming Landlord and Project as additional insureds, as well as full and complete plans and specifications of all such alterations, improvements additions or improvements, and any subsequent modifications or additions in to such plans and specifications, and no proposed work shall be commenced or about continued by Tenant until Landlord has received and given its written approval of each of the Demised Premises foregoing. Landlord shall either approve or disapprove any proposed alteration, addition or improvement on or before thirty (30) days following receipt of all of the foregoing items. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like. Further, Tenant shall desire to make shall be submitted to indemnify and hold Landlord and the Building harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in written formdesign, with proposed detailed plans. any materials or workmanship resulting from Tenant's alterations, additions or improvements to the Premises. All alterations, additions or additions proposed improvements shall remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord, by written notice to Tenant, be and become the property of Landlord. All manufacturing and processing equipment installed by Tenant shall be further subject to remain the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate property of Occupancy, if necessaryTenant, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises removed at the end of the Term; (f) . Landlord may, as a condition to approval of any such alterations, additions or improvements, require Tenant to remove any partitions, counters, railings and/or other improvements installed by Tenant during the Term, and Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shallrepair all damage resulting from such removal or, at Landlord's option, become shall pay to Landlord all costs arising from such removal. All repairs, alterations, additions and restorations by Tenant hereinafter required or permitted shall be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances, building codes, by-laws, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Premises. If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond or other adequate security, including without limitation an indemnity agreement from Tenant's parent in form and substance reasonably satisfactory to Landlord. Tenant shall reimburse Landlord for Landlord's property, or, at the election of Landlord, shall be removed reasonable charges (including any professional fees incurred by the Tenant thirty (30Landlord and a reasonable administrative fee as established by Landlord from time to time) days prior to the termination of the Term for reviewing and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed approving or disapproving plans and the Demised Premises restoredspecifications for any proposed alterations.

Appears in 1 contract

Sources: Lease (Eden Bioscience Corp)

Alterations. The Other than the Tenant Improvements, Tenant shall not change make any structural alterations or improvements in or additions (“Alterations”) to the Demised Premises or make any additionschanges to locks on doors or add to, alterationsdisturb or in any way change any of the wiring or plumbing in the Premises or the Buildings, without first obtaining the written consent of Landlord, and, when appropriate, in accordance with plans and specifications approved by Landlord, which consent shall not be unreasonably withheld. All such Alterations shall be at the sole cost and expense of Tenant and shall be performed by contractors or mechanics approved by Landlord, which consent shall not be unreasonably withheld. All work with respect to any such Alterations shall be done in a good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for the Buildings and must be of a type, and the floors and ceilings must be finished in a manner, customary for general office use and other uses common to similar office buildings in the vicinity. Such Alterations shall be diligently prosecuted to completion. All such Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, and no interior improvements installed by Landlord in the Premises may be removed unless the same are promptly restored to a condition similar or better. Landlord hereby reserves the right to require any contractor or mechanic working the Premises to provide lien waivers and liability insurance covering such Alterations to the Premises. Tenant shall give Landlord ten (10) days’ written notice of the commencement of any Alterations and agrees to allow Landlord and its Lender to enter the Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations. Notwithstanding anything contained herein to the contrary, Tenant may make any nonstructural interior Alterations that do not adversely affect the value of the Premises, the structural integrity of the Buildings or any Building system without Landlord’s consent. No Alterations shall adversely affect either the strength or exterior appearance, or improvements the mechanical, electric or plumbing services of the Buildings. Tenant shall reimburse Landlord for any reasonable sums expended by Landlord for examination and approval of architectural or mechanical plans and specifications of the Alterations provided that Landlord shall not charge any examination fee in connection with the Tenant Improvements. Tenant shall also reimburse Landlord for reasonable direct costs incurred during any inspection of the Alterations. All damages or injury done to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions Buildings by Tenant or by any persons who may be in or about upon the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written formor Buildings with the express or implied consent of Tenant, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, including but not limited toto the cracking or breaking of any glass of windows and doors, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid for by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) and Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible pay for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior all damage to the termination Buildings caused by negligent acts or omissions of Tenant or Tenant’s officers, contractors, agents, invitees while in the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remainPremises, orlicensees, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredor employees.

Appears in 1 contract

Sources: Lease Agreement (Blue Nile Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, additions or Improvements to the premises without the prior written consent of Landlord, but at its own cost and expense and in a good workmanlike manner make such minor alterations, additions or improvements or additions proposed erect, remove or alter such partitions, or erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or Improvements and without overloading or damaging such building or Improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be further subject to and remain the following: (a) property of Tenant during the term of this lease and Tenant shall first obtain requisite permits includingunless Landlord otherwise elects as hereinafter provided, but not limited toremove all alterations, a new Certificate additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of Occupancytermination of this lease; provided, however, that if necessaryLandlord so elects prior to termination of this lease, such alterations, additions, improvements and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations partitions shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost become the property of Landlord as of the alterations date of termination of this lease, such alterations, additions, improvements and partitions shall be paid by Tenant so that become the Demised Premises remains free property of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration as of the premises at the end date of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans termination of this lease and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered up to Landlord; (i) Any alteration made the landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall may be removed by the Tenant thirty (30) days prior to the termination of the Term this lease if Tenant so elects, and the Demised Premises shall be restored removed by Tenant at Tenant's expense if required by Landlord upon the expiration or termination of this lease; upon any such removal Tenant shall restore the premises to its condition prior to their original condition. All such alteration. The security deposited under Paragraph 10(e) hereof removals and restoration shall be returned accomplished in a good workmanlike manner so as not to damage the Tenant at the end primary structure or structural qualities of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed buildings and other improvements situated on the Demised Premises restoredpremises.

Appears in 1 contract

Sources: Lease Agreement (Universal Beverages Holdings Corp)

Alterations. The Tenant shall agrees that it will not change make any structural alterations, improvements, additions, repairs, or changes to the Demised interior or exterior of the Premises or make any additions, alterations, or improvements non-structural changes to the Demised Premises exterior of the Building during the Term of this Lease without the in each instance obtaining Landlord's prior written consent, which consent may be withheld in the sole and absolute discretion of Landlord. Any Tenant agrees that it will not make any non-structural alterations, improvements additions, repairs or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject changes to the following: (a) Tenant shall first obtain requisite permits includinginterior of the Building, but not limited toduring the Term of this Lease, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lesseewithout in each instance obtaining Landlord's prior written consent; (c) Any alterations , which shall not be made promptly (unavoidable delays excepted)unreasonably withheld or delayed. Together with each request for consent, in a workmanlike manner in accordance with any alteration Tenant shall present to Landlord reasonably detailed plans and in compliance with applicable laws specifications for such proposed alterations, improvements, additions, repairs or changes; provided, however, approval of such plans and governmental regulations; (d) The cost specifications by Landlord shall not constitute any assumption of the alterations shall be paid responsibility by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change for their accuracy or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlordsufficiency, and if required, by the fee mortgagee or ground lessee. The Tenant shall be solely responsible for paying any such items. All alterations, improvements, additions, repairs or changes shall be done either by or under the direction of Landlord's fees in reviewing , but at the Plans expense of Tenant; provided, however, Landlord shall only engage contractors which are competitively prices and Specificationsreasonably available to complete the proposed alterations, improvements, additions or changes. At All alterations, improvements, additions, repairs or changes made by Tenant, shall, unless Landlord gives notice to Tenant to remove the completion same, remain upon the Premises at the expiration or earlier termination of the alteration Term of this Lease and shall become the property of Landlord immediately upon installation thereof. The same shall remain the property of Landlord (without any obligation of Landlord to pay compensation therefor) unless Landlord gives Tenant written notice to remove any or restorationall of the aforesaid, "as-built" plans in which event Tenant shall remove at Tenant's expense such of the same as may be delivered specified in Landlord's notice to Landlord; Tenant, and Tenant shall promptly restore the Premises to the same good order and condition as it was at the commencement of the Term of this Lease except (i) Any alteration made to the extent the Premises is not required to be repaired and/or maintained by Tenant, and (ii) damage by fire or other casualty. Should Tenant under this Paragraph 10 hereof shallfail to do so, Landlord may do so, collecting, at Landlord's option, become Landlord's propertythe cost and expense thereof from Tenant, oras Additional Rent, at the election within ten (10) business days of Landlord’s written demand therefor. Landlord consent shall not be required for non-structural alterations such as partitions, shall be removed by the Tenant thirty painting, decorating and alterations not exceeding Five Thousand Dollars (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restored$5,000.00).

Appears in 1 contract

Sources: Lease Agreement (Vaccinogen Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, additions or improvements to the Demised Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, not to be unreasonably withheld, conditioned or delayed. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all reasonable requirements of Landlord's prior written consentand Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord, such consent not to be unreasonably withheld, conditioned or delayed. Any Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterationsadditions, improvements or additions proposed and partitions erected by Tenant shall be further subject and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the following: date of termination of this lease or upon earlier vacating of the Premises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate Tenant's trade fixtures) shall become the property of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost Landlord as of the alterations shall be paid by Tenant so that the Demised Premises remains free date of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration termination of this lease or upon earlier vacating of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered up to Landlord; (i) Any alteration made the Landlord with the Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant under may be removed by Tenant prior to the termination of this Paragraph 10 hereof shalllease if Tenant so elects, at Landlord's option, become Landlord's property, or, at the election of Landlord, and shall be removed by the Tenant thirty (30) days prior to the date of termination of this lease or upon earlier vacating of the Term Premises if required by Landlord. Upon any such removal Tenant shall restore the Premises to their original condition, normal wear and the Demised Premises tear excepted. All such removals and restoration shall be restored accomplished in a good workmanlike manner so as not to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to damage the Tenant at the end primary structure or structural qualities of the Term if Landlord elects to have such improvement remainbuilding and other improvements situated on the Premises. (See Additional Provisions, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restored.Section 8)

Appears in 1 contract

Sources: Lease Agreement (Homegrocer Com Inc)

Alterations. The Tenant shall not change the Demised Premises make or make any additions, alterations, or improvements suffer to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. made any alterations, additions, changes or improvements in, on, or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, Premises or any fee mortgagee's or ground lessee's part thereof without the prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any consent of Landlord; and any such alterations, additions, changes or improvements in, on, or to said Premises, except for Tenant's fees in reviewing the Plans movable furniture and Specifications. At the completion of the alteration or restoration, "as-built" plans equipment shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, immediately become Landlord's propertyproperty and, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord hereof, shall remain on the Premises without compensation to Tenant unless Tenant elects to have remove same, in which event Tenant shall do so, and also restore the Premises to its pre-existing condition at Tenant's sole cost and expense. In the event Landlord consents to the making of any such improvement remainalterations, additions, changes or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense in accordance with all applicable laws, statutes, ordinances, rules and regulations public and private and all requirements of Landlord's and Tenant's insurance policies, and in accordance with plans and specifications approved by Landlord (such approval not be unreasonably withheld, delayed or conditioned). Any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord or, returned at Landlord's opinion, the alteration, addition or improvement shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof upon demand; provided, that should Landlord elect to perform for Tenant's account, the cost thereof to Tenant after restoration shall be competitive with any preferred estimate previously obtained by Tenant if and provided to Landlord directs that said for such alteration, addition or improvements. Upon the expiration or sooner termination of the Term herein provided, Tenant may opt to remove any improvements or alteration be removed at Tenant's sole cost and expense and Tenant shall forthwith and with all due diligence, at its sole cost and expense, thereupon repair and restore the Demised Premises restoredto their original condition.

Appears in 1 contract

Sources: Landlord's Consent to Second Sublease (Witness Systems Inc)

Alterations. The Tenant shall not change the Demised Premises make or make any additions, alterations, or improvements suffer to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. made any alterations, additions or improvements in, on or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, Premises or any fee mortgagee's or ground lessee's part thereof without the prior written consent; (c) Any alterations consent of Landlord; and any such alterations, additions or improvements in, on or to said Premises, except for Tenant's movable furniture and equipment, shall be made promptly (unavoidable delays excepted)immediately become Landlord's property and, in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant , shall maintain proper insurance as required remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with plans and specifications approved by Landlord; (g) No change , and any contractor or alterations shall, when completed, tie in or connect person selected by Tenant to make the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall same must first be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord. Notwithstanding the foregoing, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any permitted to make non- structural alterations or additions, the costs of which do not exceed $1,000 per work of improvement, without Landlord's fees in reviewing written approval. Notwithstanding the Plans and Specifications. At the completion of the alteration or restorationforegoing, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed agree to allow Tenant to contract with outside licensed contractors for installation of additional approved tenant work for Tenant's account, subject to review and approval of all work and contractors by Landlord. Landlord shall have the right to collect from Tenant thirty (30) days prior a supervision fee equal to 15% of the total direct costs associated with Tenant's improvements to the Premises, per the terms of Paragraph 7. Upon the expiration or sooner termination of the Term Term, Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, with all due diligence remove all those alterations, additions or improvements made by or for the Demised Premises shall be restored account of Tenant, designated by Landlord to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and Tenant shall with all due diligence, at its sole cost and expense, repair and restore the Demised Premises restoredto their original condition. At Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such alterations, additions or improvements and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease.

Appears in 1 contract

Sources: Office Lease (Extricity Inc)

Alterations. The Tenant shall not change make any alterations to the Demised Premises or make any additions, the Business Park without Landlord’s prior written consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further not subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election approval of Landlord, shall be removed performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Tenant Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days prior before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the termination Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Demised Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary: a. Tenant shall not be required to remove any improvement or fixture installed by Tenant in, on or about the Premises pursuant to Tenant’s repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord’s consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required. b. Tenant shall be restored entitled to its condition prior to remove Tenant’s furniture, equipment, trade fixtures and other personal property at the expiration of the term, provided Tenant repairs all damages caused by such alteration. The security deposited under Paragraph 10(e) hereof removal. c. Tenant shall be returned entitled to make alterations and utility installations in, on, under or about the Tenant at Premises without consent of Landlord, so long as the end cost of such alteration or utility installation does not (i) exceed the sum of $2,500; (ii) affect the structural or exterior portions of the Term if Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord elects fifteen (15) days prior advance written notice and copies of a description of the alteration along with building permit plans(s) and specifications to have such improvement remain, or, returned enable Landlord to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredpost any desired notices of non-responsibility.

Appears in 1 contract

Sources: Lease Agreement (Docent Inc)

Alterations. The Tenant shall not change make any alterations to the Demised Premises or make any additionsother aspect of the Project, alterations, or improvements to the Demised Premises without the Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall All permitted alterations must be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and performed in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing standard rules and regulations regarding alterations. All alterations will become the Plans property of Landlord and Specifications. At will remain upon and be surrendered with the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination of the Term and the Demised Premises shall be restored to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if of this Lease; provided, however, Landlord elects may require Tenant to have remove any or all alterations at the end of the Term of this Lease. If Tenant fails to remove by the expiration or earlier termination of this Lease all of its personal property, or any alterations identified by Landlord for removal, Landlord may, at its option, treat such improvement remainfailure as a hold-over pursuant to Subparagraph 11(b) above, or, returned and/or Landlord may (without liability to Tenant after restoration for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days' prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant if shall be liable for all costs of disposition of Tenant's abandoned property and Landlord directs that said alteration shall have no liability to Tenant with respect to any such abandoned property. Landlord agrees to apply the proceeds of any sale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be removed and the Demised Premises restoredpaid to Tenant.

Appears in 1 contract

Sources: Lease Agreement (Softlink Inc)

Alterations. The Tenant shall not change the Demised Premises or make any additions, no major alterations, decorations, additions or improvements in or to the Demised Leased Premises without the Landlord's prior written consent, but Landlord agrees that such consent shall not be unreasonably withheld. Any As a condition precedent to the Landlord's consent, Tenant shall deliver to Landlord written plans and specifications for all such work. Tenant shall comply with all governmental rules and regulations in connection with such work and shall prevent any lien or obligation from being created against or imposed upon the Leased Premises and will discharge all liens or charges for services rendered or material furnished immediately after said liens occur or said charges become due and payable. All alterations, additions, erections or improvements on or additions in or about the Demised Leased Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end expiration of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shallthis Lease, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof except trade fixtures shall, at Landlord's option, become Landlord's property, or, at the election option of Landlord, become a part of the Leased Premises, and shall remain upon and be removed by surrendered with the Tenant thirty (30) days prior to Leased Premises as part thereof at the termination of the Term and Lease. Should Tenant fail to remove any furniture or fixtures or personal property of any kind, then the Demised Premises same shall be restored considered as abandoned and become the property of Landlord. In the event Landlord requests Tenant to remove additions or alterations, Tenant, at its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned expense, shall, upon expiration of the term of this Lease, restore the Leased Premises to the same and as good an order and condition as when the same were entered upon by Tenant, ordinary wear and tear accepted; and in default thereof, Landlord may perform such removals and repairs and Tenant at shall pay Landlord the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredcost thereof as additional rent.

Appears in 1 contract

Sources: Lease Agreement (Manhattan Scientifics Inc)

Alterations. The Tenant shall not, without the prior written approval of the Landlord, make any installations, alterations, additions, partitions, repairs or improvements in or to the Leased Premises, including, without limitation, doing anything which might affect the structural portions of the Leased Premises or the electrical, lighting, heating, ventilating, air-conditioning, sprinkler, fire protection, roofing or other systems therein. The Tenant's request for approval shall be in writing and accompanied by an adequate description of the contemplated work, the final working drawings and specifications therefor; the Landlord's costs of having its architects, engineers or others examine such drawings and specifications shall be payable by the Tenant upon demand as Additional Rent; the Landlord may require that any or all such work be done by the Landlord's contractors or workmen or by contractors or workmen engaged by the Tenant but first approved by the Landlord. All such work shall be subject to inspection by and the reasonable supervision of the Landlord and shall be performed in accordance with all Applicable Laws and any reasonable conditions (including but not limited to a reasonable supervision fee of the Landlord to be paid by the Tenant) and regulations imposed by the Landlord, and shall be completed in a good and workmanlike manner and with reasonable diligence in accordance with the approvals given by the Landlord. Any connections of apparatus to the base electrical, plumbing, heating, ventilating or air-conditioning systems shall be deemed to be an alteration within the meaning of this Section. The Tenant shall, at its own cost and before commencement of any work, obtain all necessary building or other permits and keep same in force. Once consent of the Landlord has been obtained in connection with any such work, the Tenant shall not make any modifications thereto (including, without limitation changes required in order to obtain a building permit) unless and until it has submitted revised drawings and specifications to the Landlord and obtained the Landlord's further written approval of the proposed changes. The Tenant shall not change apply for any applicable permits or approvals unless the Demised Premises or make any additions, alterations, or improvements Tenant provides to the Demised Premises Landlord a copy of the approval or permit application, as the case may be, together with all supporting documentation or drawings attached thereto and obtains the Landlord's authorization in writing to submit such application to the relevant authority. Notwithstanding anything to the contrary set forth in this Section 5.03, the Tenant may, without the Landlord's consent but with prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject notice to the following: (a) Tenant shall first obtain requisite permits includingLandlord, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any make alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost to the interior of the alterations shall be paid by Tenant so that Leased Premises which do not alter, modify or in any other manner whatsoever affect the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration structural portions of the premises at Leased Premises or the end roof of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect Building and the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion exterior of the alteration Leased Premises or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days prior to the termination structural integrity of the Term and Building of which the Demised Leased Premises shall be restored to its condition prior to form a part, or the plumbing, electrical, heating, ventilating, air-conditioning, or mechanical systems or installations in the Leased Premises, provided that any such alterationsingle alteration does not involve a cost in excess of $50,000.00 and does not require a building permit. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restored.REMOVAL OF FIXTURES AND IMPROVEMENTS

Appears in 1 contract

Sources: Lease Agreement (Childrens Place Retail Stores Inc)

Alterations. The Tenant shall not change make any alterations to the Demised Premises or make any additions, alterations, or improvements to the Demised Premises Property without the Landlord's prior written consent, which consent shall not be unreasonably withheld. Any Notwithstanding the foregoing, Tenant may make non-structural alterations costing less than $25,000 per event and undertake customary laboratory rearrangement and reconfiguration, all without Landlord's consent. Regardless of whether Landlord's consent for alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to the commencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and specifications provided, however, that with respect to minor non-structural alterations or rearrangements costing less than $1,000 each ("MINOR ALTERATIONS"), Tenant shall not be required to give prior notice to Landlord but shall report all Minor Alterations to Landlord on a quarterly basis. If such quarterly report describes Minor Alterations the cost of which exceeds $25,000 in the aggregate for two consecutive calendar quarters, then Landlord shall be entitled to demand thereafter prior notification of all alterations, improvements regardless of cost. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further not subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens; (e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and Specifications. At the completion of the alteration or restoration, "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election approval of Landlord, shall be removed performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Tenant Premises upon expiration or termination of this Lease, except that Landlord may, at least thirty (30) days prior before the expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant's request for approval of alterations or improvements, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said alterations or improvements upon expiration or termination of the Term and the Demised Premises shall be restored Lease. Should Landlord consent in writing to its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end Tenant's alteration of the Term if Premises, Tenant shall contract with a contractor approved by Landlord elects to have for the construction of such improvement remainalterations, orshall secure all appropriate governmental approvals and permits, returned to and shall 16 complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant after restoration shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant if Landlord directs that said alteration be removed and the Demised Premises restoredTenant.

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Sources: Standard NNN Lease (Arena Pharmaceuticals Inc)