Common use of Alterations Clause in Contracts

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.

Appears in 1 contract

Sources: Lease (1st Independence Financial Group, Inc.)

Alterations. Lessee 9.1 Tenant shall not, without the prior written consent of Landlord (which consent shall be provided promptly and not unreasonably withheld), make any structural alterations, additions, or improvements to the Premises, exterior or interior, or any exterior alterations, additions, or improvements to the Premises, provided, however, that Landlord’s consent shall not make or allow be required with respect to be made any such alterations, installations, additions or improvements so long as (i) such alterations, additions or improvements do not affect the structural integrity of the Buildings, (ii) the exterior design and materials, as well as the quality of the workmanship of such alterations, additions or improvements, are substantially the same as the design, materials and workmanship of the Buildings, and (iii) the number of parking spaces in or to the Premises, or place safes, vaults, or other heavy furniture or equipment Parking Areas are not reduced below 4 per each 1,000 square feet contained within the PremisesBuildings (including such alterations, additions or improvements). Furthermore, Tenant may not without the prior written consent of Landlord (which consent shall be provided promptly and not unreasonably withheld) penetrate the roof of the Buildings for any purpose whatsoever or perform any work thereon other than ordinary maintenance of heating, ventilating and air conditioning systems, without LessorLandlord’s prior written consent. All construction work done in the Premises by Tenant, including any trade fixturing, shall be performed in a good workmanlike manner and in compliance with the terms of the Declaration and all governmental requirements, and, as regards any structural or exterior alterations, additions, and improvements approved by Landlord, as aforesaid, in accordance with the plans and specifications therefor prepared by and on behalf of Tenant and approved in writing by Landlord, which consent approval shall be provided promptly and shall not be unreasonably withheld withheld. Such improvements made by Tenant may be removed at or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents prior to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from provided Tenant agrees to repair any injury to the Premises and repair all damage caused occasioned by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, If any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to improvements are not so removed by the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or date of termination of this Lease, such improvements shall be deemed to be abandoned and shall be the signs shall become the sole property of Lessor without Landlord. 9.2 Tenant shall not permit any credit mechanics’, materialmen’s or compensation other liens to Lessee, and Lessor may, but is not obligated to, remove and store stand against the Premises for work or dispose of the signs and Lessee shall be liable to Lessor materials contracted for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability Tenant in connection with any alteration, remoldeling, addition or new construction. 9.3 Landlord shall be solely responsible for any structural alteration, repair or improvement to the Premises and Tenant shall be responsible for any such removalnon-structural alterations, storagerepairs or improvements required by law, statute, ordinance, regulation or disposalother requirement of any governmental agency.

Appears in 1 contract

Sources: Lease Agreement (Primerica, Inc.)

Alterations. Lessee shall Except as permitted under Section 12, supra, Tenant agrees that it will not make any alterations (whether structural or allow to be made any alterationsotherwise), installationsimprovements, additions additions, repairs, or improvements in or changes to the Premises, interior or place safes, vaults, or other heavy furniture or equipment within exterior of the Premises, Premises during the Term of this Lease without Lessorin each instance obtaining Landlord’s prior written consent. Together with each request for consent, which consent Tenant shall not be unreasonably withheld present to Landlord reasonably detailed plans and specifications for such proposed alterations, improvements, additions, repairs or delayedchanges; provided, however, Lessee approval of such plans and specifications by Landlord shall have the rightnot constitute any assumption of responsibility by Landlord for their accuracy of sufficiency, without Lessor’s consent, to construct additional or alternate facilities in the Premises and Tenant shall be solely responsible for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Datesuch items. All alterations, installationsimprovements, additions, repairs, or changes shall be done either by or under the direction of Landlord, but at the expense of Tenant. All alterations, improvements, other than movable furnitureadditions, movable equipment (includingrepairs, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, or changes made by Lessee Tenant, shall, unless Landlord gives notice to Tenant to remove the same, remain upon the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or earlier termination of the 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 the termination of Lessee’s right to possession all of the aforesaid, in which event Tenant shall remove at Tenant’s expense such of the same as may be specified in Landlord’s notice to 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) to the extent the Premises is not required to be repaired and/or maintained by Tenant and (ii) damage by fire or other casualty to the extent there is actually paid to Landlord, to repair any damage to the Premises. Lessee, at its sole cost and, on or before sufficient net proceeds for policies of insurance which Tenant is obligated to provide and to maintain under the expiration or termination provisions of this Lease. Should Tenant fail to do so, shall Landlord may do so, collecting, at Landlord’s option, the cost and expense thereof from Tenant, as Additional Rent, upon demand. Notwithstanding anything above, in Section 17 or elsewhere in this Lease to the contrary, Landlord hereby permits Tenant to remove all at the end of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estatelease term, and as long as Tenant is not then in no event shall Lessee permit, default or be authorized to permit, breach of any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of material provision in this Lease, any non-structural improvements, provided that Tenant and/or any Subtenant shall in each and every instance of removal reasonably repair and restore the signs shall become the property of Lessor without any credit or compensation Premises to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalits functional shell condition.

Appears in 1 contract

Sources: Lease Agreement (Osiris Therapeutics, Inc.)

Alterations. Lessee Tenant shall not make no changes in or allow to be made the Demised Premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant at Tenant's expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the Premisesinterior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord. Tenant shall, or place safesat its expense, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All before making any alterations, installations, additions, installations or improvementsimprovements obtain all permits, other than movable furnitureapproval and certificates required by any governmental or quasi-governmental bodies. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such worker's compensation, movable equipment general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien is filed against the Demised Premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant within thirty (including30) days after Tenant receives written notice thereof at Tenant's expense, without limitation Lessee’s ATMs)by filing the bond required by law or otherwise. All fixtures and all paneling, other personal partitions, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Demised Premises and become unless Landlord, by notice to Tenant no later than thirty (30) days prior to the property of Lessor at date fixed as the expiration or termination of this Lease or lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event the termination of Lessee’s right same shall be removed from the Demised Premises by Tenant prior to possession the expiration of the Premises. Lesseelease, at its sole cost andTenant's expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, on or before the expiration or termination moveable office furniture and equipment, but upon removal of this Leaseany such furniture, shall remove all of Lessee’s property fixtures and equipment from the Demised Premises or upon removal of other installations as may be permitted hereunder, Tenant shall immediately and at its expense, repair all any damage caused occasioned by such removal. All such property permitted to be removed by Tenant at the end of the term remaining in the Demised Premises after Tenant's removal of Lessee’s property shall be completed promptly deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or removed from the Demised Premises by Landlord, at Tenant's expense. In order to prevent mechanic's or materialmen's liens from attaching to the Demised Premises or Building, any contractor ("Contractors") or subcontractor ("Subcontractor") performing work for or at the request of Tenant covenants and agrees to look only to Tenant for payment under the respective contract and to attain that and further covenants and agrees: (a) Not to file or record any contract for work ("Contract") or notice thereof or any notice of intention, lien claim or stop notice in the Office of the County Clerk of New York State of N.Y., or any other place permitted by law. (b) To bind by Contract each subcontractor and each material man with whom any contractor enters into a good written contract, not file or record in the office of the County Recorder of New York County, State of N.Y. such contract or notice thereof or any notice of intention, lien claims or stop notice and workmanlike manner to make each subcontractor similarly bind in writing each succeeding subordinate subcontractor and/or materialmen with whom a written contract is entered into; (c) The Contractor and any subcontractor ("Subcontractor") will execute and deliver to Landlord a waiver of or release of Mechanic's and/or Materialmen's Liens. The Contractor and Sub-Contractor shall submit Partial Release and Waiver of Lien with all progress payments and said Contractor or Sub-Contractor does hereby waive, release and relinquish any and all claims, demands and rights of liens to the extent of the amount owed for all work, labor, materials, equipment, services done, performed or furnished to that date. (d) Upon completion of all work, the Contractor and Sub-Contractor shall execute a Final Release of Lien with final payment and deliver same to Landlord. (e) Neither progress payments, final payments nor any part of the retained percentage shall become due until the Contractor shall deliver to the Landlord, in the form required by the Landlord, a complete release of all liens arising out of this Contract and an affidavit that so far as he has knowledge or information all the labor and materials have been paid for. If any Subcontractor refuses to furnish a release in full, Contractor shall furnish Landlord with a bond satisfactory to the Landlord, to indemnify it against any lien. If any liens remain unsatisfied after all payments are made, the Contractor shall refund to the Landlord all monies that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fees. (f) Anything in the Contract to the contrary notwithstanding it is understood that the Landlord shall not be obliged to make payment on account of any part of the Contract price which is not a proper payment within the meaning and construction of the laws of the State of N.Y. relating to liens. The Contractor agrees that all payments made to materialmen or to the Subcontractors for labor and services shall be performed in such accompanied by a manner direction that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee payment shall be liable applied to Lessor account for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability work or services performed or material supplied in connection with such removal, storage, or disposalthis project.

Appears in 1 contract

Sources: Loft Lease (Sparta Commercial Services, Inc.)

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or additions and improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable except trade fixtures, made by Lessee to installed at expense of Tenant, shall become the Premises property of Landlord and shall remain upon and be surrendered with the Premises leased premises as a part of thereof on this lease. Such alterations, additions and become improvements may only be made with prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the property making of Lessor at improvements or alterations to the expiration or termination leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of this Lease or the termination of Lessee’s right insurance showing coverage in an amount satisfactory to possession of the Premises. Lessee, at its sole cost andLandlord protecting Landlord from liability for injury to any person and damage to any personal property, on or before off the expiration leased premises, in connection with the making of such improvements or termination alterations. No cooling tower, equipment, or structure of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property any kind shall be completed promptly and in a good and workmanlike manner and placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be performed done at Tenant's expense and in such a manner that no mechanic’sthe roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, materialman’s equipment or other similar liens shall attach to Lessee’s leasehold estatestructure temporarily, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect so that repairs to the Premises or this Leaseroof can be made, Tenant shall promptly repair at its expense any damages resulting from such removal. In At the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Leaselease, Tenant shall deliver the signs leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall become be repaired at Tenant's expense prior to the property expiration of Lessor without any credit or compensation to Lesseethe lease term. All alterations, improvements, additions, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee repairs made by Tenant shall be liable to Lessor for all costs incurred by Lessor made in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalgood workmanlike manner.

Appears in 1 contract

Sources: Commercial Lease (Design Automation Systems Inc)

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made partitions erected by Lessee to the Premises shall be and remain upon and be surrendered with the Premises and become the property of Lessor at lessee during the expiration or termination term of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without as of the date of termination of this Lease, or upon earlier vacating of the Premises, and title shall pass to Lessor under this Lease as by a bill of sale. Provided Lessee is not in default or otherwise i▇▇▇▇ted to Lessor, all shelves, bins, equipment and trade fixtures installed by Lessee may be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall be removed by the date of termination of the Lease or upon earlier vacating of the Premises if required by Lessor. Upon any credit such removal Lessee shall restore the Premises to its original condition, ordinary wear and tear excepted. All such removals and restorations shall be accomplished in a good workman like manner so as not to damage the primary structure, ▇▇▇▇ ▇▇ structural qualities of the building and other improvements within which the Premises are situated. In no event shall Lessor be required to (i) compensate Lessee for alterations, additions, improvements or compensation partitions erected by Lessee on or within the Premises, or (ii) compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or within the Premises and which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. THIRTY-EIGHTH: Expansion Option. Providing Lessee has been a Lessee in good standing under this lease for a minimum of three (3) lease years, if Lessee needs to expand its lease space to 18,850 square feet or more, Lessor shall make its best reasonable effort to accommodate this expansion either in the Building in which the premises are located or another building owned by Lessor at the Miramar Park of Commerce at a mutually acceptable rental rate. Provided there are no defaults under this lease or the Lease with Lessor for the expansion space, Lessor and Lessee agree this Lease shall terminate on such date as Lessee takes possession of the expansion space. Lessee shall incur no penalty for said cancellation. It is mutually understood by Lessee and Lessor that Lessee's financial condition may affect Lessor's ability to accommodate Lessee's expansion and Lessee's subleasing space, assuming the lease obligations from another lessee, and/or leasing space from any entity other than Lessor shall not qualify as an expansion for the purposes of this Paragraph. THIRTY-NINTH: Emergency Generator. Lessee may install, at its sole cost and expense, up to a 250 kw, generator with a skid-mounted (or sub-mounted) fuel tank in the truckyard of the Premises. In the event it is required by code, Lessee also may install, at its sole cost and expense, a generator pad to support the generator. All costs associated with the operation, installation (including but not limited to the cost of installing automatic transfer switch, fencing and bollards) and maintenance of the generator and generator pad shall be paid for solely by Lessee, including but not limited to any modifications or additions to the landscaping, irrigation and/or paving. The generator, installation method and Lessor maylocation and all accommodations and other work related thereto shall be subject to Lessor's prior written approval, said approval not to be unreasonably withheld or delayed and said approval to take into account the aesthetics of such equipment. During the term of this Lease, Lessee agrees to take all reasonable actions to minimize the visibility, aesthetic impact and disturbance to other users of the Miramar Park of Commerce caused by the generator. Reasonable actions shall include, but is not obligated to, remove and store or dispose be limited to maintaining good condition of the signs and generator. Lessee shall be liable solely responsible, at Lessor's request, for removing the generator at the expiration of this Lease and making any necessary and reasonable repairs and restorations so as to Lessor for all costs incurred by Lessor leave the property in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalgood condition.

Appears in 1 contract

Sources: Business Lease (National Medical Health Card Systems Inc)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or alterations (“Alterations”) to the Premises, Premises or place safes, vaults, or other heavy furniture or equipment within the Premises, Business Park without LessorLandlord’s prior written consent, which consent shall not be unreasonably withheld or delayed; providedwithheld. Once Landlord’s written consent is granted, however, Lessee shall have Tenant must provide Landlord at least ten (10) business days prior to the right, without Lessor’s consent, to construct additional or alternate facilities commencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Dateare located. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, Alterations made by Lessee to the Premises Tenant shall be performed by Tenant and its contractors in a good and workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any Alterations made shall remain upon on and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the upon expiration or termination of this Lease, shall except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of Lesseethe Alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the 5020 Premises to the condition that existed as of the 5020 Commencement Date and the 5070 Premises to the condition that existed as of the 5070 Commencement Date, 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, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said Alterations upon expiration or termination of the Lease. 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 reasonably approved by Landlord. Tenant 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. Notwithstanding the foregoing, Tenant may construct non-structural Alterations within the interior of either the 5020 Building or the 5070 Building without Landlord’s prior approval, if the cost of any such project does not exceed Fifty Thousand Dollars ($50,000) in each of the 5020 Building or the 5070 Building in any twelve (12)-month period. Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (collectively, “Tenant’s Property”) shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises and repair Premises, provided that Tenant repairs all damage caused by such removal. All such removal of Lessee’s property Landlord shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that have no mechanic’s, materialman’s lien or other similar liens shall attach to Lesseeinterest in any item of Tenant’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalProperty.

Appears in 1 contract

Sources: Standard NNN Lease (3PAR Inc.)

Alterations. Lessee (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make or allow to be made any alterations, installations, additions changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises, Premises or place safes, vaults, or other heavy furniture or equipment within any part thereof without the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayedof the Landlord; provided, however, Lessee that Landlord shall have not unreasonably withhold, condition or delay its consent to any of the rightsame which do not affect the structural, without Lessor’s consentmechanical, to construct additional electrical, hydraulic, plumbing, heating, ventilating or alternate facilities air conditioning systems serving either the Building or the Premises. All Alterations in the Premises for housing Lessee’s ATMs (whether now located installed with or without Landlord's consent), shall at the election of Landlord remain in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination 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 Lessee’s right to possession of the PremisesTerm. Lessee, at its sole cost and, on or before Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall remove all of Lessee’s property from cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and repair all damage caused by such removal. All 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 Lessee’s property 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 completed promptly 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 a good statutory amounts, builder's risk insurance and workmanlike manner 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 a manner lien within ten (10) days after receiving notice of its existence. (d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and shall not permit or suffer any lien to attach to the Premises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in writing that no mechanic’s, materialman’s or other similar any liens relating to any work ordered by Tenant shall attach to Lessee’s Tenant's leasehold estate, estate in the Premises and shall not encumber Landlord's interest in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalBuilding.

Appears in 1 contract

Sources: Lease Agreement (MPW Industrial Services Group Inc)

Alterations. Lessee Subsequent to the completion of the Leasehold Improvements as set forth in Exhibit “C”, if any, Tenant shall not make or allow suffer to be made any alterations, installationsadditions, additions or improvements in in, on, or to the Premises, Premises or place safes, vaults, or other heavy furniture or equipment within any part thereof without the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayedof Landlord; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All any such alterations, installations, additions, or improvementsimprovements in, other than on or to said Premises, except for Tenant’s movable furniturepersonal property, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable including but not limited to trade fixtures, furniture and equipment, shall immediately become Landlord’s property and, at the end of the term hereof, shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any such alterations, additions, or improvements by Tenant, the same shall be made by Lessee Tenant, at Tenant’s sole cost and expense, in accordance with plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make the Premises same, and all subcontractors, must first be approved in writing by Landlord , or, at Landlord’s option, the alteration, addition or improvement shall remain be made by Landlord for Tenant’s account and Tenant shall reimburse Landlord for the cost thereof upon and be surrendered with the Premises and become the property of Lessor at demand. Upon the expiration or sooner termination of this Lease the term herein provided, Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense forthwith and with all due diligence remove any or all alterations, additions, or improvements made by or for the termination account of Lessee’s right Tenant, designated by Landlord to possession be removed, excluding the Leasehold Improvement made prior to the Original Commencement Date of the Premises. LesseeLease and Tenant shall forthwith and with all due diligence, at its sole cost andand expense, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from repair and restore the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect their condition as it existed immediately subsequent to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination completion of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalthese Leasehold Improvements.

Appears in 1 contract

Sources: Office Lease Agreement (Intellon Corp)

Alterations. Lessee shall make no changes in or to the Premises of any nature without Lessor's prior written consent which shall not make or allow be unreasonably withheld. Lessee shall conduct all alterations and improvements in a merchantable manner, subject to be made any the prior written consent of Lessor. Any Lessee alterations, installations, additions or improvements shall only be permitted, if at all, where such improvements are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premisesinterior of the Premises by using contractors or mechanics first approved by Lessor. All fixtures and all paneling, or place safespartitions, vaultsrailing and like installations, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities installed in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not)at any time, as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made either by Lessee to or by Lessor on Lessee's behalf, shall, upon installation, become the Premises property of Lessor and shall remain upon and be surrendered with the Premises and become unless Lessor by notice to Lessee no later than twenty (20) days prior to the property of Lessor at date fixed as the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, elects to relinquish Lessor's right hereto and to have them removed by Lessee, in which event, the same shall remove all of Lessee’s property be removed from the Premises by Lessee prior to the expiration of the Lease at Lessee's expense. Nothing in this article shall be construed to give Lessor title to or to prevent Lessee's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such items from the premises or upon removal of other installations as may be required by Lessor. Lessee may remove its curtains, furniture and accessories. Lessee shall immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair all any damage caused by to the Premises or the building due to such removal. All such property permitted or required to be removed by Lessee at the end of the term remaining in the Premises after Lessee's removal of Lessee’s property shall be completed promptly deemed abandoned and in a good may, at the election of Lessor, either be retained as Lessor's property or may be removed from the Premises by Lessor at Lessee's expense. Lessee shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and workmanlike manner certificates required by any government or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall be performed in deliver promptly duplicates of all such a manner that no mechanic’spermits, materialman’s or other similar liens shall attach approvals and certificates to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable agrees to carry and will use Lessee's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal property and property damage insurance as Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalmay require.

Appears in 1 contract

Sources: Lease Agreement (Top Source Technologies Inc)

Alterations. Lessee Tenant shall not make or allow to be made any no alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Premises without the Premises, without Lessor’s prior written consent, which consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or delayed; providedmechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, howeveras a condition to its consent, Lessee any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building, provided that Tenant shall have the rightright to approve their changes before commencing the work. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, without Lessor’s consentregulations and ordinances, and Landlord shall be entitled to construct additional or alternate facilities a supervision fee in the Premises amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for housing Lessee’s ATMs (whether now located Landlord's consent shall be made in writing and shall contain architectural plans describing the Premises or not)work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, additions or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall remain upon become the property of Landlord and shall be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession end of the Premises. LesseeTerm, except that Landlord may, by written notice to Tenant given at its sole cost andthe time of Landlord's consent to the alteration or improvement, on require Tenant to remove by the Expiration Date, or before the expiration or sooner termination date of this Lease, shall remove all of Lessee’s property from or any alterations, decorations, fixtures, additions, improvements and the Premises like installed either by Tenant or by Landlord at Tenant's request and to repair all any damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Leasearising from that removal. In the event Lessee fails Landlord may require Tenant to remove Lessee’s property on an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified in writing of the requirement prior to the build-out. Except as otherwise provided in this Lease or before the expiration or termination of in any Exhibit to this Lease, should Landlord make any alteration or improvement to the signs shall become Premises at the property request of Lessor without any credit or compensation to LesseeTenant, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee Landlord shall be liable entitled to Lessor prompt reimbursement from Tenant for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalincurred.

Appears in 1 contract

Sources: Office Space Lease (Netratings Inc)

Alterations. Lessee TENANT shall not make or allow to be made any alterations, installations, improvements and/or additions or improvements in or to the PremisesDemised Premises without first obtaining, or place safesin each instance, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consentconsent of LANDLORD, which consent shall LANDLORD agrees will not be unreasonably withheld withheld, conditioned or delayed; provided. LANDLORD shall reply in writing within fifteen (15) days of TENANT’S written request to make any such alterations, however, Lessee improvements and/or additions or such request shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as be deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Dateapproved hereunder. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property improvements and/or additions shall be completed promptly made in accordance with all applicable laws, building codes and ordinances, in a good and workmanlike manner. Any and all alterations, additions and improvements, which may be made or installed by TENANT upon the Demised Premises and which in any manner and shall be performed in such a manner that no mechanic’sare attached to the floors, materialman’s walls or ceilings (including, without limitation, any linoleum or other floor covering of similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, character which may be cemented or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect otherwise adhesively affixed to the floor) shall remain upon the Demised Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before at the expiration or earlier termination of this Lease or, at the option of the LANDLORD, be removed from the Demised Premises. However, the usual trade fixtures and furniture which may be installed in the Demised Premises prior to or during the term hereof at the cost of TENANT may be removed by TENANT from the Demised Premises upon the expiration or earlier termination of this Lease. Further, subject to reasonable wear and tear, TENANT covenants and agrees, at its own cost and expense, to repair any and all damage to the signs shall become Demised Premises resulting from or caused by such removal or the property removal of Lessor without all items and materials designated by LANDLORD, LANDLORD shall, upon approving any credit or compensation alterations, improvements and/or additions requested by TENANT, advise TENANT at the time of giving such approval, as to Lesseewhether the LANDLORD will require such alterations, and Lessor may, but is not obligated to, remove and store or dispose improvements and/or additions to be removed upon expiration of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalLease.

Appears in 1 contract

Sources: Lease (Durata Therapeutics, Inc.)

Alterations. Lessee shall not make or allow to be made any No alterations, installations, improvements or additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, Premises may be made without Lessor’s Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee that Landlord may withhold its consent, in its sole discretion, to any alteration or addition that would affect the Building's historic tax credits, structure or appearance, or the Building's HVAC, plumbing, electrical, mechanical or life safety systems or that would be visible from outside of the Premises. Without limiting the foregoing, Landlord shall have the rightright designate and approve, without Lessor’s consentprior to installation, all types of signs, window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to construct additional or alternate facilities in control all internal lighting and signs that may be visible from the Premises for housing Lessee’s ATMs (whether now located in exterior of the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DateBuilding. All alterations, installations, additions, or improvementsimprovements (whether temporary or permanent in character, and including all air-conditioning equipment and all other than movable furnitureequipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, movable equipment (includingeither by Landlord or Tenant, without limitation Lessee’s ATMs), other personal shall be Landlord's property and movable trade fixtures, made by Lessee once installed or affixed to the Premises and shall remain upon and be surrendered with on the Premises and become the property of Lessor at the expiration or termination end of the Term (unless Landlord requires removal of same) without compensation to Tenant. All work performed by Tenant shall be subject to the provisions of Section 12 of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed at Tenant’s sole cost. Notwithstanding the foregoing, Tenant shall have the right to install signage on the third floor windows in such a manner that no mechanic’s, materialman’s or other similar liens the Premises and the Premises doors. Tenant shall attach to Lessee’s leasehold estate, be included as part of the ground floor building directory and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect Landlord will provide directional signage to the Premises or this Leaseoff the 3rd floor elevator. In the event Lessee fails All signage must conform with NPS and SHPO historic restoration guidelines and all applicable state, county and municipal codes, rules and regulations and subject to remove LesseeLandlord’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee prior reasonable approval. Tenant shall be liable to Lessor responsible for all costs incurred by Lessor cost and expenses associated with licensing, permitting, creating, installing, maintaining and removing the signage outlined in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalthis Section 10.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Lessee The Tenant shall not make any alterations in or allow additions to the premises without the Landlord's advance written consent in each instance. The Landlord's decision to refuse such consent shall be made reasonable. If the Landlord consents to such alterations or additions, before commencement of the work or delivery of any alterationsmaterials onto the premises or into the building, installationsthe Tenant shall furnish the Landlord with plans and specifications, names and addresses of contractors, and necessary permits. All additions and alterations shall be 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 improvements in 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 to additions, the Premises, or place safes, vaults, or other heavy furniture or equipment within Tenant shall furnish the Premises, without Lessor’s prior written consent, which consent Landlord with contractors' affidavits and full and final waivers of lien covering all labor and materials expended and used provided Tenant shall not be unreasonably withheld obligated to provide waivers of lien from any contractor or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional materialmen supplying less than $10,000 in goods or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents services to the presence 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 safes, vaults, heavy furniture statutes and equipment which is situated on regulations of the State of Ohio or in the Premises on the Commencement Dateof any department or agency thereof. All alterations, installations, additions, or hardware, non-trade fixtures and all improvements, other than movable furnitureincluding wall and floor coverings, movable equipment (includingtemporary or permanent, without limitation Lessee’s ATMs)in or upon the premises, other personal whether placed there by the Landlord or the Tenant, shall become the Landlord's property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor premises at the expiration or termination of this Lease by lapse of time or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on otherwise without compensation or before the expiration allowance or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect credit to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalTenant.

Appears in 1 contract

Sources: Office Lease (Alliance Data Systems Corp)

Alterations. Lessee A. Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Premises (including but not limited to roof and wall penetrations) without the Premisesprior written consent of Landlord WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD. Tenant may, without Lessor’s prior written consentthe consent of Landlord, which consent shall not be unreasonably withheld or delayed; providedbut at its own cost and expense and in a good workmanlike manner erect such shelves, howeverbins, Lessee shall have the rightmachinery and trade fixtures as it may deem advisable, without Lessor’s consentaltering the basic character of the building or improvements and without overloading or damaging such building or improvements, to construct additional or alternate facilities and in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not)each case complying with all applicable governmental laws, as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safesordinances, vaults, heavy furniture regulations and equipment which is situated on or in the Premises on the Commencement Dateother requirements. All alterations, installationsadditions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property improvements and movable trade fixtures, made partitions erected by Lessee to Tenant and restore the Premises shall remain upon and be surrendered with to their original condition by the Premises and become the property date of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession upon earlier vacating of the Premises. LesseeAll shelves, at its sole cost andbins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises. (SEE ADDENDUM TO PARAGRAPH 8A). B. Notwithstanding anything to the contrary contained herein, Landlord agrees that the Tenant shall not be responsible for, and Landlord shall hold Tenant harmless against, any costs of cleanup or removal arising from or associated with any hazardous material existing in, on or before throughout the expiration or termination Premises, as of the date Tenant occupies the Premises pursuant to the terms of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.

Appears in 1 contract

Sources: Lease Agreement (Applied Voice Technology Inc /Wa/)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the PremisesPremises 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 sole cost and expense and in a good workmanlike manner, make cosmetic and decorative improvements to the Premises and/or erect interior improvements such as shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Premises or improvements and without overloading or damaging the Premises or improvements, and 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 public liability, or place safeswhich will prevent Landlord from securing such policies from companies acceptable to Landlord. If any such alterations, vaults, additions or improvements cause the rate of fire or other heavy furniture 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, Tenant shall pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. All alterations, additions, improvements and partitions erected by Tenant shall be and remain on 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 by the date of termination of this Lease or equipment within upon earlier vacating of the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, that if Landlord so elects prior to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession upon earlier vacating of the Premises. Lessee, at its sole cost andsuch alterations, on or before the expiration or termination of this Leaseadditions, shall remove all of Lessee’s property from the Premises improvements and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs partitions shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose Landlord as of the signs date of termination of this Lease or upon earlier vacating of the Premises and Lessee shall be liable delivered up to Lessor for all costs incurred the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.Tenant may be removed by Tenant prior to the termination of this

Appears in 1 contract

Sources: Lease Agreement

Alterations. Lessee Landlord shall not make the initial improvements to the Premises (collectively, the “Landlord’s Work”) in accordance with the terms and conditions contained in the work letter, plans and construction estimate set forth in Exhibit D (the “Work Letter”). The patties agree that Landlord is responsible to pay One Hundred Seventy Five Thousand & 00/100 ($175,000.00) Dollars toward the cost of Landlord’s Work, and that Tenant shall pay the cost of Landlord’s Work in excess of this sum to the contractor prior to Landlord’s payment of the above sum. Other than for the Landlord’s Work, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or allow paint the Premises or any part thereof except as otherwise expressly provided herein or agreed upon in writing by Landlord, and the patties hereto affirm that Landlord has made no representations to be made any alterations, installations, additions or improvements in or to Tenant respecting the condition of the Premises, the Landlord’s Premises or place safesthe Property except as specifically herein set forth in writing and Tenant shall accept the Premises in their “AS-IS, vaultsWHERE IS” condition. Landlord shall “Substantially Complete” the Landlord’s Work, as evidenced by delivery to Tenant of a certificate executed by the Landlord certifying that the Landlord’s Work has been constructed in substantial accordance with Exhibit D and all Legal Requirements, by no later than the Scheduled Completion Date (as hereinafter defined). Notwithstanding the foregoing, in the event that Landlord’s Work would have been Substantially Completed by the Scheduled Completion Date but for any act or other heavy furniture omission of Tenant or equipment within the Premisesany of its employees, agents or contractors, including, without Lessorlimitation, Tenant’s prior written consentchanges to the Work Letter or Tenant’s failure to complete any preparatory work which Tenant is responsible to perform (each, which consent a “Tenant Delay”), the Commencement Date shall not be unreasonably withheld or delayed; provided, however, Lessee shall have delayed by the right, without Lessor’s consent, to construct additional or alternate facilities in term of the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by LesseeTenant Delay. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and satisfactory order, condition and repair for its intended use under this Lease except for that portion of the Premises that is within the area of the Landlord’s Work. Lessee, at its sole cost and, on or before “Substantial Completion” shall mean the expiration or termination of this Lease, shall remove stage when Landlord’s Work is reasonably complete to permit Tenant to install substantially all of Lesseeits FF&E throughout the Premises, even though “punch list” items, or other items of construction which do not unreasonably interfere with Tenant’s property from the Premises and repair all damage caused by such removalability to install its FF&E, are not yet completed. All such removal of Lessee’s property The “Scheduled Completion Date” shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner the date the contractor selected by the Landlord to perform the Landlord’s Work assures both Parties with reasonable certainty that no mechanic’s, materialmanhe will complete the Landlord’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor Work after accounting for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalreasonably foreseeable factors affecting the construction.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Brooklyn ImmunoTherapeutics, Inc.)

Alterations. Lessee Tenant shall not make or allow suffer to be made any alterations, installationsadditions, additions or improvements in improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises, Premises or place safes, vaults, any part thereof or other heavy furniture or equipment within the Premises, making of any improvements as required by Article 7 without Lessor’s the prior written consentconsent of Landlord, which consent shall will not be unreasonably withheld or delayed; provided. Any alteration, howeveraddition or improvement to be done by Tenant as part of Tenant's initial occupancy shall be specified in Exhibit B. Any alteration, Lessee addition, or improvement in, on, or to the Premises including carpeting, but excepting movable furniture and personal property of Tenant removable without material damage to the property or the Premises, shall have be and remain the rightproperty of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the realty and belong to Landlord without Lessor’s compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease as by a bill of sale. When applying for such consent, to construct additional or alternate facilities in the Premises Tenant shall, if requested by Landlord, furnish complete plans and specifications for housing Lessee’s ATMs (whether now located in the Premises or not)such alterations, as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture additions and equipment which is situated on or in the Premises on the Commencement Dateimprovements. All alterations, installationsadditions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, additionsordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, as Landlord shall require to protect Landlord against any loss from any mechanic's, materialmen's or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4 above any increase in real estate taxes attributable to any such alteration, addition, or improvementsimprovement for so long, other than movable furnitureduring the Term, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee as such increase is ascertainable. Subject to the Premises shall remain terms of the Addendum, upon and be surrendered with the Premises and become the property of Lessor at the expiration or sooner termination of this Lease the Term as herein provided, Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or the termination of Lessee’s right improvements which are designated by Landlord to possession of the Premises. Lesseebe removed, and Tenant shall forthwith and with all due diligence, at its sole cost andand expense, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from repair and restore the Premises to their original condition, reasonable wear and repair all damage caused tear and loss by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred casualty covered by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalArticle 23 excepted.

Appears in 1 contract

Sources: Lease Agreement (Diplomat Ambassador Inc)

Alterations. Lessee Except for the Tenant Improvements and the installation or replacement of Tenant’s trade fixtures and equipment from time-to-time, Tenant shall not make no alterations or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Premises without the Premises, without Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed; provided. As a part of its approval, however, Lessee shall have Landlord may require that Tenant remove such alterations prior to or upon termination or expiration of this Lease and restore the right, without LessorPremises to their original condition. In the event any such alterations are made by Tenant to the Premises with Landlord’s consent, Tenant shall (i) use such contractors as are reasonably acceptable to construct additional Landlord, (ii) make or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents cause to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, be made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and improvements in a good and workmanlike manner manner, with materials consistent with the original construction, (iii) secure all required permits and approvals, (iv) promptly remove and discharge any and all liens or claims made as a result thereof, and (v) provide Landlord with a full set of “as-built” drawings indicating all changes to the Premises. Tenant agrees to indemnify and hold Landlord harmless from all costs, expenses, mechanic liens and attorneys’ fees arising directly or indirectly from any such alterations. Tenant’s contractors shall carry insurance, including workers’ compensation, builder’s risk and liability insurance in such amounts and form as are reasonably acceptable to Landlord. Landlord agrees to approve or disapprove a request for alterations or improvements submitted by Tenant, along with the plans and specifications therefor, within fifteen (15) business days after delivery of the same to Landlord, and Landlord shall provide specific reasons and instructions regarding any disapproved matters. If Landlord fails to respond within such fifteen (15) business day period, the requested alterations and improvements, and the plans and specifications therefor, shall be performed deemed approved. Notwithstanding anything contained in such a manner that no mechanic’sthis section to the contrary, materialman’s Tenant shall without the prior written consent of Landlord, with respect to projects valued at $50,000 or other similar liens shall attach to Lessee’s leasehold estate, and less per project but in no event shall Lessee permitmore than $200,000 in the aggregate during any Lease Year, or be authorized have the right at any time and from time to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to time during the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination Term of this Lease, to, at Tenant’s sole cost and expense, erect, alter, remodel, renovate, rehabilitate, reconstruct, rebuild, replace and remove any interior, non-mechanical, non-structural portion of the signs Premises, all to Tenant’s specifications and in compliance with all applicable building codes and regulations. However, Landlord’s consent shall become be required, with such consent not to be unreasonably withheld, for any installation of equipment or fixtures by Tenant that could reasonably impact the property structure, value, exterior or mechanical or utility facilities of Lessor the Building. Tenant shall not make any exterior, mechanical or structural alteration to the Premises without Landlord’s prior consent, which shall not be unreasonably withheld, delayed or conditioned. Tenant shall give Landlord five (5) days’ advance notice before commencing any credit work under this Section to permit Landlord to post notices of non-responsibility. Tenant shall provide plans and specifications for any work requiring Landlord’s consent under this Section to Landlord for its review and approval. Landlord agrees to approve or compensation to Lesseedisapprove the performance of the alterations, and Lessor mayTenant’s plans and specifications therefor, but is not obligated towithin fifteen (15) business days of delivery of same to Landlord, remove and store or dispose of to provide specific reasons and instructions regarding any disapproved matters. If Landlord fails to so respond within such fifteen (15) business day period, the signs alterations and Lessee the plans and specifications therefor shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposaldeemed approved.

Appears in 1 contract

Sources: Lease Agreement (AtriCure, Inc.)

Alterations. Lessee A. Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Premises without the Premises, without Lessor’s prior written consent, consent of Landlord which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the rightwithheld. Tenant may, without Lessor’s consentthe consent of Landlord, to construct additional but at its own cost and expense and in a good workmanlike manner make such minor alterations, additions or alternate facilities in improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the Premises for housing Lessee’s ATMs (whether now located in basic character of the Premises or not)improvements and without overloading or damaging such Premises or improvements, as deemed reasonably necessary by Lessee. Lessor consents to the presence of and in each case complying with all safesapplicable governmental laws, vaultsordinances, heavy furniture regulations and equipment which is situated on or in the Premises on the Commencement Dateother requirements. All alterations, installationsadditions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease, and Tenant shall, unless Landlord otherwise elects as provided herein, remove all alterations, additions, or improvementsimprovements and partitions ("Alterations") erected by Tenant as of the termination of this lease. If, other than movable furnitureupon the sole election of Landlord, movable equipment (includingTenant shall not be required to remove said alterations, without limitation Lessee’s ATMs)additions, other personal property and movable trade fixtures, improvements made by Lessee Tenant, these shall, upon the termination of this Lease, be delivered up to the Premises shall remain upon and be surrendered with the Premises Landlord and become the property of Lessor at the expiration Landlord without payment, reimbursement, or termination of this Lease or compensation to Tenant. All shelves, bins, machinery, mechanical, plumbing, electrical, and trade fixtures installed by Tenant may be removed by Tenant, but shall be removed by Tenant if required by Landlord, upon the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property removals and restoration shall be completed promptly and accomplished in a good and workmanlike manner so as not to damage the structural qualities of the Premises and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estateimprovements situated on the Premises, and in no event so as to not disturb any other tenants or occupants of the Complex. The foregoing shall Lessee permitnot apply to furniture, moveable equipment, or personal property owned by Tenant which may be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to removed by Tenant at the Premises or this Lease. In end of the event Lessee fails to remove Lessee’s property on or before the expiration or termination term of this Lease, if Tenant is not then in default and if such equipment, furniture and/or moveable personal property is not then subject to any other rights, liens and interests of Landlord. In no event shall Landlord be responsible for the signs shall become the removal, custody, or disposition of such abandoned property of Lessor without Tenant, or in any credit way be held liable for conversion or compensation any action in relation to Lesseeits removal, retention, or disposition. B. All work performed by Tenant, or Tenant's contractors, vendors, or suppliers, with respect to Tenant's Alterations, shall be performed with good quality materials, in a workmanlike manner, strictly in accordance with all applicable codes, laws, ordinances, and Lessor maydeed restrictions. C. Tenant agrees to provide Landlord, but is not obligated towithout limitation, remove prior to the commencement of any construction of Alterations on the Premises valued in excess of $20,000, the following: copies of plans and store or dispose specifications; copies of signed contracts; certificates of insurance evidencing general liability in an amount to be approved by Landlord, and workers' compensation insurance in statutory limits. D. Within thirty (30) days after the completion of the signs and Lessee shall Alterations, Tenant will promptly submit to Landlord the following: original lien waivers on a form to be liable provided by Landlord, in addition to Lessor for sworn contractor's statements which may be required by Landlord. E. With respect to all costs incurred Alterations performed by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all lossTenant, damage, cost, expenseTenant agrees to provide one reproducible set of architectural drawings, and liability in connection with such removalone copy of specifications, storageincluding but not limited to all mechanical, or disposalelectrical, and plumbing, stamped "As Built" by the Tenant's architect.

Appears in 1 contract

Sources: Lease Agreement (Mentor Corp /Mn/)

Alterations. Lessee Tenant shall have the right to make all non-structural alterations without Landlord's approval, but Tenant will give Landlord notice of same. The Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or structural alterations to the PremisesLeased Premises without the written consent of the Landlord, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which such consent shall not to be unreasonably withheld or delayed; provided. If the Tenant shall desire to make any such alterations costing more than $37,500, however, Lessee it shall have furnish plans and specifications of the right, without Lessor’s consent, work to construct additional or alternate facilities in be so performed together with a construction statement containing an estimate of the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence cost of all safeslabor and material included therein. Tenant agrees to obtain a building permit from the city for any alterations where the same is required by law. Tenant agrees that all such work shall be done in a good, vaultsworkmanlike manner, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterationscompliance with applicable building codes and all applicable laws, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs)limitation, other personal property and movable trade fixtures, made by Lessee the American Disabilities Act. Tenant shall use diligent efforts to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner ensure that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event the Leased Premises by reason thereof. Tenant shall Lessee permit, remove any mechanic's or be authorized to permit, materialmen's liens arising from Tenant's alterations within sixty (60) days of receiving notice of same. If Tenant does not remove any such liens or other claims to be asserted against Lessor or Lessor’s rightswithin sixty (60) days after Tenant receives notice of same, estateLandlord may, at its option, pay such liens and interests with respect to recover the Premises or this Leaseamount thereof plus reasonable attorneys fees and costs from Tenant. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs Any such alterations shall become the property of Lessor without any credit or compensation Landlord as soon as they are affixed to Lesseethe Leased Premises and all right, title and Lessor may, but is not obligated to, remove and store or dispose interest therein of the signs Tenant shall immediately cease unless otherwise stated in writing. The Tenant however, shall remain the owner of any installed fixtures used in the conduct of Tenant's business, equipment, machinery, trade fixtures, personalty and Lessee inventory and shall be liable have the right to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalremove same at the expiration of this Lease Agreement so long as damage to the Leased Premises and/or Building is repaired.

Appears in 1 contract

Sources: Lease (Medsource Technologies Inc)

Alterations. Lessee Tenant shall not make no changes in or allow to be made any the ----------- Premises without Landlord's prior written consent Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premisesinterior of the Premises by using contractors or mechanics first approved in writing by Landlord. All fixtures, or place safesall electrical items and all paneling, vaultspartitions, or other heavy furniture or equipment within the Premisesrailings and like installations, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities installed in the Premises for housing Lessee’s ATMs (whether now located at any time, either by Tenant or by Landlord in Tenant's behalf, shall become the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence property of all safes, vaults, heavy furniture Landlord and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become unless Landlord, by notice to Tenant no later than thirty (30) days prior to the property of Lessor at date fixed as the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before sixty (60) days after the expiration or termination of this Lease, elects to have them removed by Tenant, in which event the same shall remove all of Lessee’s property be removed from the Premises by Tenant forthwith. Nothing in this Article shall be construed to prevent Tenant's removal of trade fixtures, but upon removal of any such trade fixtures from the Premises or upon removal of other installations as may be required by the Landlord, Tenant shall immediately and at its expense repair all and restore the Premises to the condition existing prior to installation, and shall repair any damage caused by to the Premises or the building due to such removal. All such property permitted or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal of Lessee’s property shall be completed deemed abandoned and may, at the election of Landlord, either be retained as Landlord's Property or may be removed from the Premises by Landlord at Tenant's expense, which right of Landlord shall survive expiration of this Lease. Tenant shall, before making any alterations, additional, installation or improvements, obtain all permits, approvals, and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord; and Tenant agrees to carry such Worker's Compensation, General Liability, Personal and Property Damage Insurance as Landlord may reasonably require Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, sub-contractors, and laborers who become involved in such work. The work shall be done in a good and workmanlike manner and shall be performed in such a manner that no mechanic’scompliance with all applicable laws, materialman’s or other similar liens shall attach to Lessee’s leasehold estateordinances, codes, governmental rules, regulations and requirements, and in no event shall Lessee permitaccordance with the standards, if any, of the Board of Fire Underwriters, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to organizations exercising the Premises or this Leasefunctions of a board of fire underwriters the jurisdiction of which includes the Premises. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.5

Appears in 1 contract

Sources: Lease Agreement (Markland Technologies Inc)

Alterations. Lessee Tenant shall not make or allow deliver to be made any Landlord full and complete plans and specifications of all such alterations, installationsadditions or improvements, and no such work shall be commenced by Tenant until Landlord has given its written approval thereof. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, ordinances, etc. Further, Tenant shall indemnify and hold harmless Landlord from any loss, cost or expense, including attorneys’ fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from ▇▇▇▇▇▇’s alterations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All other alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property additions and movable trade fixtures, made by Lessee to the Premises improvements shall remain upon and the property of Tenant until termination of this Lease, at which time they shall be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removalLandlord. All such removal of Lessee’s property altera tions, additions, improvements, repairs and restoration by Tenant hereinafter required or permitted shall be completed promptly and done in a good and workmanlike manner manner, incorporating materials of quality equal to or better than those replaced, with finishes comparable to and compatible with adjacent finishes within the Premises and the Building and in compliance with all applicable laws, ordinances, bylaws, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Building. In addition, all of Tenant’s alterations, additions and improvements shall be performed constructed in such a manner that no mechanic’sso as to (i) not unreasonably disturb or otherwise interfere with the use and occupancy of any other tenant of the Building, materialmanPhase or Project, (ii) protect by appropriate means and measures all components of the Premises, Building, Phase and Project from soiling or damage associated with Tenant’s or other similar liens shall attach to Lessee’s leasehold estatework, and (iii) not impose any additional expense or delay upon Landlord in no event shall Lessee permitthe constructio n of improvements to, or be authorized to permitmaintenance or operation of, the Building, Phase and/or Project. Tenant shall, reimburse Landlord for reviewing and approving or disapproving plans and specifications for any such liens or other claims to be asserted against Lessor or Lessor’s rights, estatealterations proposed by ▇▇▇▇▇▇. Tenant shall require that any contractors used by Tenant carry a commercial liability insurance policy covering bodily injury in the amounts of Two Million Dollars ($2,000,000.00) per person and Two Million Dollars ($2,000,000.00) per occurrence, and interests with respect covering property damage in the amount of Two Million Dollars ($2,000,000.00). Landlord may increase the amount of insurance coverage required pursuant to this Section to reflect inflation, industry cost and recovery experience over time. Landlord may require proof of such insurance prior to commencement of any work on the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalPremises.

Appears in 1 contract

Sources: Standard Business Lease (E Trade Group Inc)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, additions or improvements to the demised premises without Landlord's prior written consent. All alterations, decorations, installations, additions or improvements in or upon the demised premises made by either party, including without limitation all paneling, decorations, partitions, railings, floors, galleries and the like, shall, unless Landlord elects otherwise (which election shall be made by written notice to Tenant not less than thirty (30) days prior to the Premises, or place safes, vaults, expiration or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence termination of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and this Lease) become the property of Lessor Landlord, and shall remain upon, and be surrendered with, said premises as a part thereof at the expiration or termination of this Lease or the termination of Lessee’s right to possession end of the Premisesterm. LesseeAt the expiration of the -13- term hereof, Tenant shall be entitled to remove all removable trade fixtures at its sole own cost andand expense, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect provided said fixtures have not become affixed to the Premises or this Leasedemised premises and further provided Tenant restores the demised premises to its original condition. In the event Lessee fails Landlord shall elect to remove Lessee’s property on have all or before any such alterations, decorations, installations, additions or improvements removed by Tenant as set forth above, then such alterations, decorations, installations, additions or improvements removed by Tenant as set forth above, then such alterations, decorations, installations removed by Tenant as set forth above, then such alterations, decorations, installations, additions or improvements as landlord shall select, shall be removed by Tenant at Tenant's expense and Tenant shall restore the demised premises to its original condition, at its own cost and expense, at or prior to the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalterm.

Appears in 1 contract

Sources: Lease Agreement (American Medical Alert Corp)

Alterations. Lessee (a) Tenant shall not make or allow to be made any alterations, installationsadditions, additions or improvements in or to the PremisesPremises or any part of the Premises (collectively, or place safes, vaults, or other heavy furniture or equipment within the PremisesAlterations), without Lessor’s Landlord's prior written consent, which consent shall not be unreasonably withheld. Consent, however, may be conditioned on the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than ten (10) business days prior to the scheduled construction of the alterations as well as the use by Tenant of a contractor or contractors approved by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Landlord's consent shall not be required for any Alterations which do not affect the Building structure, Building systems, or penetrate the floor or ceiling of the Premises and which cost less than Twenty Thousand Dollars ($20,000) annually, provided each such Alteration is otherwise made in compliance with the terms of this Lease. Landlord may withhold approval of any contractor which does not meet the qualifications requirements of any Landlord lender; providedincluding the requirement that such contractor employ union labor in accordance with the Labor Covenant (contained in Exhibit S). The installation of furnishings, howeverfixtures, Lessee equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute Alterations. All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Provided Landlord identifies such Alterations for possible removal at the time of Landlord's initial approval for installation, and further provided Landlord subsequently elects by notice to Tenant to have Tenant remove same at the end of the Term, then Tenant shall cause such removal and/or restoration to be done at Tenant's sole cost and expense and Tenant shall restore the portions of the Premises subject to such removal to the condition of as of the Commencement Date of this Lease. If Landlord requires Tenant to remove any Alterations and any furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal and/or restoration on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. The foregoing notwithstanding, nothing in this Section 11 shall require Tenant to remove the initial Tenant Improvements installed by Landlord in accordance with the Approved Tenant Improvement Drawings as set forth in Exhibit C. (b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, and before any work of any kind or nature is commenced on the construction of Alterations the total cost for which will exceed One Hundred Thousand Dollars ($100,000) per completed project, Tenant shall procure and deliver to Landlord a completion bond and a payment bond, both in form and substance satisfactory to Landlord, issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with the construction of the Alterations. (c) At least five (5) business days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord's interest in the Premises from any liens for work and labor performed or materials furnished in making the alterations. It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11 (c), Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as to allow the Premises to be protected from mechanics' liens. (d) Tenant will not at any time permit any mechanics', laborers', or materialmen's liens to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, contractors, or subtenant's, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant. Tenant shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the lien or claim of lien, Tenant will immediately pay any final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Tenant's sole expense. If, within ten (10) days of the filing of any such lien, Tenant fails to pay or provide to Landlord a bond assuring that the lien or claimed lien will be paid, Landlord shall have the right, without Lessor’s consentupon five (5) days' written notice to Tenant, to construct additional pay or alternate facilities in bond over such lien, and take such actions as are necessary to have the Premises for housing Lessee’s ATMs (whether now located in lien released and prevent a judgment against the Premises or not)Property, as deemed reasonably necessary and the amount paid by Lessee. Lessor consents Landlord shall be immediately due and payable to the presence of all safesLandlord, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor bear interest at the expiration or termination lesser of this Lease ten percent (10%) per annum or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property highest rate allowed by law from the Premises and repair all damage caused date of payment by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred Landlord until repayment by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalTenant.

Appears in 1 contract

Sources: Office / R&d Lease (Kana Communications Inc)

Alterations. Lessee Tenant shall not make no changes in or allow to be made the demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements ("Alterations") which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premisesinterior of the demised premises by using contractors, or place safesmechanics, vaultsengineers and architects reasonably acceptable to Landlord. Tenant agrees that all Alterations shall be performed by Tenant in accordance with Landlord's Uniform Rules and Regulations for Alterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, or other heavy furniture or equipment within the Premisespartitions, without Lessor’s prior written consentrailings and like installations, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities installed in the Premises for housing Lessee’s ATMs (whether now located premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence property of all safes, vaults, heavy furniture Landlord and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the property of Lessor at date fixed as the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall remove all of Lessee’s property be removed from the Premises premises by Tenant prior to the expiration of this Lease, at Tenant's expense. Nothing in this article 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 from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation, other than as a result of reasonable wear and tear and repair all any damage caused by to the demised premises or the building due to such removal. All such property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal of Lessee’s property shall be completed promptly deemed abandoned and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose at the election of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.Landlord,

Appears in 1 contract

Sources: Lease Agreement (PLD Telekom Inc)

Alterations. Lessee The Tenant shall not make any external or allow to be made any alterations, installations, additions structural alteration or improvements in or addition to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent Property and shall not make any opening in any boundary structure of the Property. The Tenant shall not install any Service Media on the exterior of the Property nor alter the route of any Service Media at the Property without the consent of the Landlord, such consent not to be unreasonably withheld or delayed; provided. The Tenant shall not make any internal, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents non-structural alteration to the presence Property without the consent of all safesthe Landlord, vaultssuch consent not to be unreasonably withheld or delayed. The Tenant shall not carry out any alteration to the Property which would [, heavy furniture and equipment which is situated on or in the Premises may reasonably be expected to, have an adverse effect on the Commencement Dateasset rating in any Energy Performance Certificate commissioned in respect of the Property. All alterationsSigns In this clause Signs include signs, installationsfascia, additionsplacards, or improvementsboards, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property posters and movable trade fixtures, made by Lessee advertisements. The Tenant shall not attach any Signs to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession exterior of the Premises. Lessee, at its sole cost and, on Property or before display any inside the expiration or termination of this Lease, shall remove all of Lessee’s property Property so as to be seen from the Premises outside except Signs of a design, size and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly number and in a good position, that are appropriate to the Property and workmanlike manner the Permitted Use, without the consent of the Landlord, such consent not to be unreasonably withheld or delayed. Before the end of the term, the Tenant shall remove any Signs placed by it at the Property and shall be performed make good any damage caused to the Property by that removal. The Tenant shall allow the Landlord to fix to and keep at the Property any sale or re-letting board as the Landlord reasonably requires. Returning the Property to the Landlord At the end of the term, the Tenant shall return the Property to the Landlord in such a manner the repair and condition required by this lease. Unless the Landlord gives the Tenant notice not to do so, no later than three months before the end of the term, the Tenant shall remove items it has fixed to the Property, remove any alterations it has made to the Property and make good any damage caused to the Property by that no mechanic’sremoval. At the end of the term, materialman’s the Tenant shall remove from the Property all chattels belonging to or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims used by it. The Tenant irrevocably appoints the Landlord to be asserted against Lessor or Lessorthe Tenant’s rights, estate, and interests with respect agent to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of any chattels or items it has fixed to the signs Property and Lessee which have been left by the Tenant on the Property for more than ten working days after the end of the term. The Landlord shall not be liable to Lessor for all costs incurred the Tenant by Lessor in connection therewithreason of that storage or disposal. Lessee The Tenant shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability the Landlord in connection with such removal, storage, respect of any claim made by a third party in relation to that storage or disposal. If the Tenant does not comply with its obligations in this clause, then, without prejudice to any other right or remedy of the Landlord, the Tenant shall pay the Landlord an amount equal to the Annual Rent at the rate reserved immediately before the end of the term for the period that it would reasonably take to put the Property into the condition it would have been in had the Tenant performed its obligations under this clause. The amount shall be a debt due on demand from the Tenant to the Landlord.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Lessee To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises for more than 5 Business Days after notice from Landlord (although notice shall not be required in an emergency) (which 5 Business Day period shall be extended for such additional time (not to exceed 30 days) as shall be reasonably necessary under the circumstances, provided that Tenant commences such repairs within such 5 Business Day period and diligently prosecute completion of the same), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible. 9.03 Tenant shall not make or allow to be made any alterations, installationsrepairs, additions or improvements or install any Cable (collectively referred to as "ALTERATIONS") without first obtaining the written consent of Landlord in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consenteach instance, which consent shall not be unreasonably withheld or delayed. However, Landlord's consent shall not be required for any Alteration that satisfies all of the following criteria (a "COSMETIC ALTERATION"): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; provided, however, Lessee shall have (b) is not visible from the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in exterior of the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents Building; (c) will not affect the Base Building; and (d) does not require work to be performed inside the presence of all safes, vaults, heavy furniture and equipment which is situated on walls or in above the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession ceiling of the Premises. Lessee, at its sole cost and, on or before Cosmetic Alterations shall be subject to all the expiration or termination other provisions of this LeaseSection 9.03. Prior to starting work, Tenant shall remove all of Lessee’s property from the Premises furnish Landlord with plans and repair all damage caused by such removal. All such removal of Lessee’s property specifications (except that no plans and specifications shall be completed promptly required for Cosmetic Alterations); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building); required permits and approvals; evidence of contractor's and subcontractor's insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner and using materials of a quality reasonably approved by Landlord. Tenant shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, reimburse Landlord for any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Leasesums paid by Landlord for third party examination of Tenant's plans for non-Cosmetic Alterations. In the event Lessee fails addition, Tenant shall pay Landlord a fee for Landlord's oversight and coordination of any non-Cosmetic Alterations equal to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose 10% of the signs cost of the Alterations. Upon completion, Tenant shall furnish "as-built" plans for non-Cosmetic Alterations, completion affidavits and Lessee full and final waivers of lien. Landlord's approval of an Alteration shall not be liable to Lessor for all costs incurred deemed a representation by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection Landlord that the Alteration complies with such removal, storage, or disposalLaw.

Appears in 1 contract

Sources: Office Lease Agreement (Lightbridge Inc)

Alterations. Lessee Tenant shall not make or allow suffer to be made any alteration, addition or improvement to or of the Premises or any part thereof (collectively referred to herein as "alterations, installations, additions or improvements in or to ") without (i) the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, consent of Landlord (which consent shall not be unreasonably withheld 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 delayed; provided, however, Lessee similar body. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall have the right, without Lessor’s consent, to construct additional or alternate facilities in at once become a part of the Premises for housing Lessee’s ATMs and belong to Landlord. Without limiting the foregoing, all heating, lighting, electrical (whether now located 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 an integral part of the Project in which the Premises or not)are a part, as deemed reasonably necessary by Lessee. Lessor consents to the presence shall be and become part of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable belong to Landlord upon installation and shall not be deemed trade fixtures, made by Lessee to the Premises and shall remain upon and be surrendered with the Premises at the termination of the 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 same shall be made at such time and in such manner as Landlord may from time to time designate. 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 both remove any such alteration made by Tenant and designated by Landlord to be removed and repair any damage to the Premises caused 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 Lessor at the expiration Landlord unless promptly removed by Tenant. If during the term any alteration, addition or termination of this Lease or the termination of Lessee’s right to possession change of the Premises. LesseePremises is required by law, regulation, ordinance or order of any public authority, Tenant, at its sole cost and, on or before the expiration or termination of this Leaseand expense, shall remove all of Lessee’s property from 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 repair all damage caused by it is impractical in Landlord's judgment for the affected tenants to individually make such removal. All alterations, additions or changes, Landlord shall make such removal of Lessee’s property alterations, additions or changes and the cost thereof shall be completed promptly a common area charge and Tenant shall pay its percentage share of such cost to Landlord as provided in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalparagraph 16.

Appears in 1 contract

Sources: Standard Industrial Lease (Monolithic System Technology Inc)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Premises without the Premises, without Lessor’s prior written consent, consent of Landlord which consent shall not be unreasonably withheld or delayed; providedwithheld. Tenant, howeverat its own cost and expense, Lessee shall have may erect such shelves, machinery and trade fixtures as it desires provided that: (i) such items do not alter the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in basic character of the Premises or not)the Building and/or improvements of which the Premises are a part; (ii) such items do not overload or damage the Premises, as deemed reasonably necessary by Lessee. Lessor consents the Building or such improvements; (iii) such items may be removed without injury to the presence Premises that can not be repaired (and which Tenant agrees to repair); and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's reasonable specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant (excluding the drive through canopy) shall be and remain the property of all safesTenant during the Term of this Lease. All shelves, vaults, heavy furniture machinery and equipment which is situated trade fixtures installed by Tenant shall be removed on or in before the earlier to occur of the date of termination of this Lease or vacating of the Premises on by Tenant, at which time Tenant shall restore the Commencement DatePremises to their original condition; provided if termination occurs at the end of the ten (10) year primary term or any extended term, Tenant shall have thirty (30) days after termination to complete such removal and restoration. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property removals and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property restoration shall be completed promptly and performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the Building and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to improvements situated on the Premises or this Leaseof which the Premises are a part. In Notwithstanding anything to the event Lessee fails contrary contained herein, it is agreed that the use of and access to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose roof of the signs Building is expressly reserved to Landlord and Lessee is expressly denied to Tenant. Tenant shall be liable to Lessor for all costs incurred by Lessor not penetrate the roof of the Building in connection therewith. Lessee shall indemnify and hold Lessor harmless from all lossany manner, damagenor install or construct any alterations, costadditions or improvements thereon, expense, and liability in connection with such removal, storage, nor otherwise use or disposaloccupy the roof at any time during the Term hereof.

Appears in 1 contract

Sources: Lease Agreement (Bank of the Ozarks Inc)

Alterations. Lessee (a) Tenant shall not make or allow to be made any alterations, installations, additions no alterations or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, Premises without LessorLandlord’s prior written consent, which consent and then only by contractors approved in writing by Landlord. All such work shall not be unreasonably withheld done at such times and in such manner as Landlord may designate. All such work shall be performed in full compliance with any and all laws, rules, orders, ordinances, directions, regulations and requirements now or delayed; providedhereafter in effect from time to time of all governmental and public agencies, howeverauthorities and bodies having jurisdiction thereover, Lessee and in full compliance with the rules and requirements of any board of fire underwriters and any similar body. Before commencing any work, Tenant shall have give Landlord at least five (5) days written notice of the rightproposed commencement of such work and shall secure at Tenant’s own cost and expense, without Lessora labor and materials payment bond, satisfactory to Landlord, for said work. Tenant further covenants and agrees that any mechanic’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in lien filed against the Premises or not)against the Building for work claimed to have been done for, as deemed reasonably necessary or materials claimed to have been furnished to Tenant, will be discharged by Lessee. Lessor consents to Tenant, by bond or otherwise, within ten (10) days after the presence filing thereof, at the cost and expense of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DateTenant. All alterations, installations, additions, alterations or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixturesimprovements upon the Premises, made by Lessee to either party, including (without limiting the Premises generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon upon, and be surrendered with the Premises, as a part thereof, at the end of the Term hereof, except that Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the Term, require Tenant to forthwith remove all partitions, counters, railings and the like installed by tenant, and Tenant shall repair or, at Landlord’s option, shall pay to the Landlord all costs arising from such removal. (b) All articles of personal property and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and become remain the property of Lessor Tenant and may be removed by Tenant at any time during the expiration or lease term when Tenant is not in default hereunder. If Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property same shall be completed promptly deemed abandoned by Tenant and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or Landlord may dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor them in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalany fashion it deems reasonable.

Appears in 1 contract

Sources: Office Building Lease (Terra Capital Group)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installationsalternations, additions or improvements (collectively, "Alterations") in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Premises without the Premises, without Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayedwithheld, but may be predicated upon but not limited to Tenant's use of contractors who are acceptable to Landlord; providedand any Alterations, howeverexcept for Tenant's movable furniture and equipment, Lessee at Landlord's election, shall have immediately become Landlord's property and, at the rightend of the Term, without Lessor’s consent, to construct additional or alternate facilities in shall remain on the Premises for housing Lessee’s ATMs (whether now located 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 not)the Building, as deemed reasonably necessary such additional work shall be performed at Tenant's sole cost and expense. In the event Tenant fails to remove any Alterations required by LesseeLandlord to be removed, Landlord may remove such Alterations and Tenant shall be obligated to immediately reimburse Landlord for the cost therefor. Lessor In the event Landlord consents to the presence making of all safesany Alterations by ▇▇▇▇▇▇, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, same shall be made by Lessee Tenant, at Tenant's sole cost and expense, in accordance with plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make the Premises same must first be approved in writing by Landlord or, at Landlord's option, the Alterations shall remain upon be made by Landlord for Tenant's account and be surrendered with Tenant shall reimburse Landlord for the Premises and become the property cost thereof (including a reasonable charge for Landlord's overhead) within twenty (20) days after receipt of Lessor at a statement from Landlord therefor. Upon the expiration or sooner termination of this Lease the Term, Tenant shall upon demand by Landlord and at Tenant's sole cost and expense, promptly remove any Alterations made by or for the termination account of Lessee’s right Tenant that are designated by Landlord to possession of the Premises. Lesseebe removed, and Tenant shall at its sole cost andand expense, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from promptly repair and restore the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalits original condition.

Appears in 1 contract

Sources: Lease Agreement (Embark Com Inc)

Alterations. Lessee (a) Tenant shall make all additions, improvements and alterations (hereinafter "Alterations") on the Leased Premises, and on and to the improvements, parking areas, sidewalks, and equipment thereon, required pursuant to Section 9.1(c) below or which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation, claiming by, through or under Tenant. Tenant shall have the right during the Lease Term to make Alterations as may be proper and necessary for the conduct of its business and for the full beneficial use of the Leased Premises permitted herein, provided Landlord shall have first approved the Alteration if the Alteration is an Approval Alteration (as hereinafter defined) and provided further Tenant shall pay when due all costs, expenses and charges thereof, and shall fully and completely indemnify Landlord against any mechanic's lien or other liens or claims in connection with the making of any such Alterations. Approval Alterations shall constitute any Alteration that shall diminish the fair market or rental value of the Leased Premises, or any Alteration of a structural nature to the interior or exterior of the Leased Premises, or any Alterations to the main electrical, plumbing, heating, ventilating and air-conditioning systems. Tenant shall not make or allow make, nor permit to be made any alterations, installations, additions or improvements in or to Approval Alterations of the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, Leased Premises without Lessor’s prior written consentfirst obtaining Landlord's approval thereof, which consent approval shall not be unreasonably withheld or delayed; provided, however, Lessee withheld. Tenant shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents promptly repair any damage to the presence Leased Premises caused by any Alterations of all safesthe Leased Premises by Tenant. Tenant shall be obligated to remove Approval Alterations which Landlord has consented to the extent that the consent of Landlord was conditioned upon the removal of such Alterations by Tenant. (b) As to any Alterations which Tenant is required hereunder to perform or to which Landlord consents, vaultsand as to any repairs costing in excess of $5,000.00, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additionsas to any replacements whatsoever, or improvementsas to any work performed pursuant to Article XVIII hereof, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property work shall be completed promptly performed with rebuilt materials that are comparable to new materials and have been approved by Landlord or with new materials, in a good and workmanlike manner manner, strictly in accordance with plans and specifications therefor received by Landlord prior to the commencement of construction of the Alteration and first approved in writing by Landlord (which approval shall not be performed in such a manner that no mechanic’sunreasonably withheld), materialman’s or other similar liens shall attach to Lessee’s leasehold estateif the Alteration is an Approval Alteration, and in no event shall Lessee permit, or be authorized to permit, accordance with all applicable laws and ordinances. Upon completion of any such liens work by or other claims to be asserted against Lessor or Lessor’s rightson behalf of Tenant, estateTenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work, and interests with respect to the Premises or this Lease"as built" working drawings. In the event Lessee fails to remove Lessee’s property on or before Tenant performs any work not in compliance with the expiration or termination provisions of this LeaseSection 9.1(b), Tenant shall, upon written notice from Landlord, as expeditiously as possible remove such work and restore the signs Leased Premises to their condition immediately prior to the performance thereof. (c) Tenant shall become make all Alterations on the property of Lessor without any credit or compensation to LesseePremises, and Lessor mayon and to the improvements, but is not obligated toparking areas, remove sidewalks and store or dispose equipment thereon required by any governmental authority and relating to Tenant's then actual use of the signs Leased Premises. Tenant shall not violate any law, ordinance or other governmental regulation in effect from time to time which relates to the manner in which the Tenant is then using the Leased Premises. Landlord has not received any written notice stating that the Leased Premises and Lessee shall be liable to Lessor for said improvements, parking areas, sidewalks and equipment thereon are not in material compliance with all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all losslaws, damage, cost, expense, and liability in connection with such removal, storage, ordinances or disposalother governmental regulations.

Appears in 1 contract

Sources: Industrial Building Lease (Vysis Inc)

Alterations. Lessee (a) Subtenant shall not make or allow to be made cause, suffer or permit the making of any alterationsnon-structural alteration, installationsaddition, additions change, replacement, installation or improvements addition in or to the PremisesSubleased Premises other than moving furniture and installing other furniture, furnishings and trade fixtures which are not affixed to the Subleased Premises or place safes, vaults, making cosmetic or other heavy furniture or equipment within decorative changes without obtaining the Premises, without Lessor’s prior written consentconsent of Sublandlord in each instance and, which if required pursuant to the ▇▇▇▇▇▇▇▇▇, the consent of the Overlandlord. Such consent by Sublandlord shall not be unreasonably withheld withheld, conditioned or delayed; provided. Subtenant shall not make or cause, howeversuffer or permit the making of any structural or non-structural alteration, Lessee addition, change, replacement, installation or addition in or to the Subleased Premises at any time without the prior written consent of the Overlandlord and Sublandlord in each instance (which consent from Sublandlord shall be at its sole discretion). Provided Sublandlord shall have provided its consent to such alterations, Sublandlord shall use reasonable efforts to obtain the rightconsent of the Overlandlord, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not)if required, as deemed reasonably necessary determined by LesseeSublandlord, at Subtenant’s sole reasonable cost and expense. Lessor consents to Notwithstanding the presence of all safesforegoing, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All Subtenant may make non-structural alterations, installationschanges, additionsreplacements installations or additions the cost of each of which do not exceed $50,000.00 without the consent of Sublandlord. Any such alteration, addition, change, replacement, installation or improvementsaddition shall be made only in strict accordance with the terms, other than movable furnitureconditions and provisions of the ▇▇▇▇▇▇▇▇▇. Any such alteration, movable equipment (includingaddition, without limitation Lessee’s ATMs)change, other personal replacement, installation or addition shall, upon installation, become the property of Sublandlord and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Subleased Premises and become the property of Lessor at upon the expiration or earlier termination of this Lease Sublease, unless Sublandlord shall notify Subtenant to remove same; provided that Subtenant shall not be obligated to remove alterations done to the Building standard utilizing finishes and materials substantially similar to those existing in the Subleased Premises as of the date hereof, and with regard to those alterations which are not standard, Sublandlord must notify Subtenant as of the time of Sublandlord’s consent whether the same must be removed at the end of the Term or the earlier termination of Lessee’s this Sublease; provided, further, that Subtenant shall have the right to remove its movable furniture, fixtures, furnishings and equipment (excluding, however, all furniture, fixtures, furnishings and equipment and other personal property delivered with possession of upon the Premises. Lessee, at its sole cost and, on or before Commencement Date) upon the expiration or earlier termination of this Lease, shall remove all of LesseeSublease. Sublandlord reserves the right to charge Subtenant a reasonable supervisory fee associated with Subtenant’s property from the Premises and repair all damage caused by such removalalterations. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in In no event shall Lessee permitthe Subtenant be entitled to tint the windows of the Subleased Premises. (b) Provided the requested alteration, addition, change, replacement, or installation is non-structural in nature and does not materially impact the Building systems, the failure of Sublandlord to reply to a request under Subsection 19(a) within thirty (30) days of Sublandlord’s receipt of a written request hereunder shall be authorized deemed Sublandlord’s consent to permitsuch alteration, addition, change, replacement, or installation provided that Subtenant shall receive no response within three (3) Business Days of Sublandlord’s receipt of a second notice notifying Sublandlord that it has failed to timely respond within the initial thirty (30) day period, and making specific reference to this Subsection and the fact that Sublandlord’s failure to respond within such three (3) Business Day period shall be deemed consent hereunder. Further, if after receipt of a request hereunder, Sublandlord shall make a reasonable request for additional relevant information, or proof or information that is otherwise required to be provided pursuant to the terms of this Section, but was not provided in full, such initial thirty (30) day period shall not be deemed to run until such additional information has been received by Sublandlord. (c) Subtenant has informed Sublandlord that Subtenant intends to initially improve the Subleased Premises by combining two (2) offices located on the 23rd floor of the Subleased Premises. (“Initial Alterations”). Such improvement has been approved by Sublandlord in accordance with the plans and specifications subject to the terms and conditions set forth in Section 19(d) below provided however that any such liens improvements shall be subject to therefor, (i) Subtenant’s compliance with the other provisions of this Section 19 and those provisions of the ▇▇▇▇▇▇▇▇▇ which are incorporated herein and applicable to such an alteration including but not limited to compliance with all applicable municipal laws, ordinances, codes, rules and regulations, (ii) such alterations being constructed consistent with or other claims better quality than the Building standard utilizing finishes and materials substantially similar to be asserted against Lessor those existing in the Subleased Premises as of the date hereof, (iii) such improvement shall not change, alter or Lessoraffect any of the Building’s rights, estatesystems in an adverse manner, and interests with respect (iv) reimbursement to Sublandlord of its reasonable and actual out-of-pocket costs and expenses for review of Subtenant’s plans and specifications for such alteration or its applications for permits including any review by outside professionals. (d) Subtenant has provided Sublandlord, and Sublandlord has reviewed and hereby approves pursuant to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination provisions of this LeaseSection 19, all plans and specifications with regard to its Initial Alterations, as identified on Exhibit D attached hereto and made a part hereof, subject to and conditioned upon Subtenant meeting, to Sublandlord’s reasonable satisfaction, the signs shall become the property terms and conditions of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalSublandlord’s architects.

Appears in 1 contract

Sources: Sublease (Patients & Physicians, Inc.)

Alterations. Lessee Tenant shall not make or allow to be made any material alterations, installations, additions or improvements in or to the PremisesPremises (defined as alterations, additions or improvements costing in excess of $5,000.00), or place safesalterations, vaultsadditions or improvements which affect the structural or mechanical systems of the Building, either at the inception of the Lease or other heavy furniture or equipment within subsequently during the PremisesTerm, without Lessor’s obtaining the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed; providedwithheld. Tenant shall deliver to Landlord the contractor's name, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not)references and state license number, as deemed reasonably necessary well as full and complete plans and specifications of all such alterations, additions or improvements, and any subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by LesseeTenant until Landlord has received and given its written approval of each of the foregoing. Lessor consents Landlord shall either approve or disapprove any proposed alteration, addition or improvement on or before fifteen (15) 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 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 design, materials or workmanship resulting from Tenant's alterations, additions or improvements to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DatePremises. All alterations, installations, additions, additions or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises improvements shall remain upon and 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 surrendered with the Premises and become the property of Lessor Landlord. Landlord shall, at the time Tenant seeks Landlord's approval of any such alterations, additions or improvements, notify Tenant whether Landlord will, at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or earlier termination of this Lease, require Tenant to remove any partitions, counters, railings and/or other improvements installed by Tenant during the Term. Tenant shall remove all of Lessee’s property from the Premises and repair all damage caused by resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. All such removal of Lessee’s property repairs, alterations, additions and restorations by Tenant hereinafter required or permitted shall be completed promptly and done in a good and workmanlike manner and shall be performed in such a manner that no mechanic’scompliance with all applicable laws and ordinances, materialman’s building codes, by-laws, regulations and orders of any federal, state, county, municipal or other similar liens public authority and of the insurers of the Premises. If required by Landlord, Tenant shall attach to Lessee’s leasehold estate, secure at Tenant's own cost and in no event shall Lessee permit, or be authorized to permit, any such liens expense a completion and lien indemnity bond or other claims adequate security in form and substance reasonably satisfactory to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this LeaseLandlord. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs Tenant shall become the property of Lessor without reimburse Landlord for Landlord's reasonable charges (including any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs professional fees incurred by Lessor in connection therewith. Lessee shall indemnify Landlord and hold Lessor harmless a reasonable administrative fee as established by Landlord from all loss, damage, cost, expense, time to time) for reviewing and liability in connection with such removal, storage, approving or disposaldisapproving plans and specifications for any proposed alterations.

Appears in 1 contract

Sources: Lease Agreement (Data Critical Corp)

Alterations. Lessee shall not make or allow to be made any alterationsno alterations decorations, ----------- installations, additions or improvements in or to the Demised Premises, including, but not limited to, any air-conditioning or place safescooling system, vaults, unit or part thereof or other heavy furniture apparatus of like or equipment within the Premisesother nature, without Lessor’s 's prior written consent, which consent shall not be unreasonably withheld withheld, and then only by contractors or delayed; providedmechanics approved by Lessor. If Lessor does not give its written consent within two (2) weeks of its receipt of a request therefor, howeverwhich request is accompanied by the plans for such alterations and improvements, Lessee such consent will be deemed to have been given. If any such alterations, additions or improvements are made without such consent, the Lessor shall have the rightright to correct or remove them, without Lessor’s consent, to construct additional or alternate facilities and the Lessee shall be liable for any and all expense incurred by the Lessor in the Premises for housing performance of this work. All such work, alterations, decorations, installations, additions or improvements shall be done at Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date's sole expense. All alterations, decorations, installations, additions, additions or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixturesimprovements upon the Demised Premises, made by Lessee to either party, including all paneling, decorations, partitions, railings and the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lesseelike, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor the Lessor, without any credit or compensation to Lesseepayment therefor by the Lessor, and Lessor mayshall remain up and be surrendered with, but is not obligated tosaid Demised Premises, remove and store or dispose as a part thereof, at the end of the signs term or any ?? or extension hereof, as the case may be. Nothing contained herein shall prohibit the Lessee from removing any and all trade fixtures and/or other items, the removal of which will not cause damage to the premises, provided the premises are restored to their former condition at Lessee's sole cost and expense. Any and all personal property placed or installed in the Demised Premises by the Lessee which shall continue to remain the property of the Lessee shall be liable removed from the Demised Premises upon the expiration of the term hereof. The Lessee shall not place a load upon any floor of the Demised Premises exceeding 125 pounds per square foot and the Lessor reserves the right to prescribe the weight and position of all safes and other heavy equipment installed or located in or upon the Demised Premises by the Lessee. The Lessee shall not permit any mechanics' or materialmen's liens to be filed against the Demised Premises or the land and building of which the Demised Premises form a party nor against the Lessee's leasehold interest in the Demised Premises. If any such liens are so filed, and not discharged by the Lessee within sixty (60) days thereafter, the Lessor, at its election, may-pay and satisfy the same and in such event the sum so paid by the Lessor, together with interest thereon at the rate of 12% per annum from the date of payment, shall be deemed to be additional rent, due and payable by the Lessee immediately, without notice or demand therefor. Any improvements undertaken by the Lessee shall be at the Lessee's sole cost and expense. All plans and specifications for such proposed improvements shall be submitted to the Lessor for prior written approval at the time that Lessee requests Lessor's consent for such improvements. All such improvements shall be in conformance with any and all costs incurred by Lessor in connection therewithapplicable building, safety, fire, planning, zoning, health, or any and all other required codes, ordinances, laws, rules and regulations. Lessee shall indemnify obtain any required permits at its cost. Lessee shall be responsible for any and hold Lessor harmless from all lossarchitectural, damagedesign, cost, expense, construction and liability related fees or expenses in connection with any such removal, storage, or disposalimprovements to the Demised Premises. A violation of this provision shall be deemed to be a breach of this Lease and a covenant herein.

Appears in 1 contract

Sources: Lease Agreement (Liquid Audio Inc)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installations, additions or improvements to the Premises or penetrate any roof or exterior demising wall, or install any antenna, satellite dish, or any exterior structure, without the prior written consent of Landlord, not to be unreasonably withheld. Any interior work to the Premises will also require the prior written consent of Landlord, unless work done is strictly aesthetic in nature, i.e. painting, picture hanging, etc. Alterations, additions, and improvements erected by Tenant shall be 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 upon Commencement Date by the date of termination of this Lease or upon earlier vacating of the Premises; provided however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, and improvements shall become the property of the Landlord as of the date of termination of the Lease or upon earlier vacating of the Premises, and shall be delivered up to the Landlord with the Premises. However, any and all non-structural alterations to the Premises per this Section 6 of the Lease are the sole property of the Tenant. . 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 place safesinstallation thereof complies with all applicable governmental laws, vaultsordinances, regulations and with Landlord’s specifications and requirements. All shelves, bins, machinery, and trade fixtures installed by Tenant shall be removed on or other heavy furniture before the earlier to occur of the date of termination of this Lease or equipment within vacating the Premises, without Lessor’s prior written consent, at which consent time Tenant shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in restore the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the their original condition upon Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property removals and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property restoration shall be completed promptly and performed in a good and workmanlike manner so as not to damage or alter the primary structural qualities of the buildings and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to improvements situated on the Premises or this Lease. In of which the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalPremises are a part.

Appears in 1 contract

Sources: Lease Agreement (Cryo Cell International Inc)

Alterations. Lessee shall not make or allow permit any other person to make any alterat~on5 to the premises without the prior written consent of Lessor. Should Lessor consent to the making of any alterations to the premises by Lessee the alterations shall be made any at the sole cost and expense of Lessee by a contractor or other person selected by Lessee and approved in writing before work commences by Lessor. Any and all alterations, installationsadditions, additions or improvements in or Improvements made to the Premises, premises shall on expiration or place safes, vaults, or other heavy furniture or equipment within sooner termination of this lease become the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayedproperty of Lessor and remain on the premises; provided, however, that on expiration or sooner termination of this lease and written demand being given by Lessor, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing at Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of 's sole cost and expense remove all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, improvements made to the premises by Lessee and pay all costs of repairing any damages to the Premises premises caused by their removal. Maintenance and Repairs Lessee admits, by entering into possession under this lease, that the premises are now in a good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease and any renewal or extension thereof, maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, and shall remain upon and be surrendered with the Premises and become the property of Lessor at the on expiration or sooner termination of this Lease or lease surrender the termination premises to Lessor in as good condition and repair as they are' in on the date of Lessee’s this lease, reasonable wear and tear and damage by the elements excepted. Lessee hereby waives any right to possession make repairs to the premises at the expense of the PremisesLessor as provided by any law on statute now or hereafter enacted. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, Inspection by Lessor Lessee shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against permit Lessor or Lessor’s rights's agents, estaterepresentatives, and interests or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination terms of this Lease, lease and for the signs shall become purpose of doing other lawful acts that may be necessary to protect interest in the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalpremises under this lease.

Appears in 1 contract

Sources: Lease of Personal Property (Holloman Corp)

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements in or to alterations without the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consentconsent of Lessor, which said consent shall not to be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or fixtures, improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property *****Confidential portions of the material have been omitted and movable trade fixtures, made filed separately with the Securities and Exchange Commission. and partitions erected by Lessee to the Premises shall be and remain upon and be surrendered with the Premises and become the property of Lessor at lessee during the expiration or termination term of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit as of the date of termination of this Lease, or compensation to Lesseeupon earlier vacating of the Premises, and title shall pass to Lessor mayunder this Lease as by a ▇▇▇▇ of sale. Provided Lessee is not in default or otherwise indebted to Lessor, all movable office furniture, shelves, bins, equipment and trade fixtures installed by Lessee may be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall be removed by the date of termination of the Lease or upon earlier vacating of the Premises if required by Lessor. For purposes of this Paragraph, the term “equipment and trade fixtures” shall not include HVAC, electrical, or plumbing components (including, but is not obligated limited to, remove air conditioning systems or electrical transformers, panels and store transfer switches) or dispose any other similar items, which would generally be installed in or affixed permanently to the Premises or Building. Upon any such removal Lessee shall restore the Premises to its original condition, ordinary wear and tear excepted. All such removals and restorations shall be accomplished in a good ▇▇▇▇▇▇▇ like manner so as not to damage the primary structure, roof or structural qualities of the signs building and other improvements within which the Premises are situated. In no event shall Lessor be required to (i) compensate Lessee shall be liable to Lessor for all costs incurred alterations, additions, improvements or partitions erected by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storageon or within the Premises, or disposal.(ii) compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or within the Premises and which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. Prior to commencing any work or installing any equipment in excess of ***** in, on or about the Premises, Building or Property, Lessee shall:

Appears in 1 contract

Sources: Business Lease (Spirit Airlines, Inc.)

Alterations. Lessor agrees that Lessee may at its own expense, from ----------- time to time during the term hereof, make such interior alterations and changes in and to the Leased Premises, as it finds necessary or convenient for its purposes, provided that such interior alterations, additions or changes shall not lessen the value of the building in which the Leased Premises is located; provided, however, that Lessee shall not make structural changes or allow to be made any alterations, installations, additions alterations or improvements non-structural changes or alterations costing in or to excess of $7,500.00 without the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consentconsent of Lessor, which consent shall not be unreasonably withheld or delayed; provided. Any structural alterations, additions and changes shall remain on the Leased Premises at the end of the term of this Lease, or any renewal term hereof, and shall be considered as improvements to and become a part of the real estate of Lessor. Lessee agrees that any interior alterations, additions and changes aforesaid made by it will be erected or made in a first-class, workmanlike manner and all shall be subject to the terms and conditions of this Lease. Lessee may not expand the Leased Premises without the prior written consent of Lessor. It is understood and agreed, however, that all trade equipment, machinery and fixtures of every kind and description placed in and upon the Leased Premises by Lessee during the term of this Lease, shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture be and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other remain personal property and movable trade fixturesbelonging to Lessee, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor and, at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination term of this Lease, or any renewal hereof, Lessee shall have the right to remove all of Lessee’s such personal property from the Leased Premises, and shall restore and repair, at its expense, any damage to the Leased Premises and repair all damage directly caused by such removal. All such the removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination items of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalpersonal property.

Appears in 1 contract

Sources: Lease Agreement (Savoir Technology Group Inc/De)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the PremisesPremises 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 sole cost and expense and in a good workmanlike manner, make cosmetic and decorative improvements to the Premises and/or erect interior improvements such as shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Premises or improvements and without overloading or damaging the Premises or improvements, and 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 public liability, or place safeswhich will prevent Landlord from securing such policies from companies acceptable to Landlord. If any such alterations, vaults, additions or improvements cause the rate of fire or other heavy furniture 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, Tenant shall pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. All alterations, additions, improvements and partitions erected by Tenant shall be and remain on 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 by the date of termination of this Lease or equipment within upon earlier vacating of the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, that if Landlord so elects prior to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession upon earlier vacating of the Premises. Lessee, at its sole cost andsuch alterations, on or before the expiration or termination of this Leaseadditions, shall remove all of Lessee’s property from the Premises improvements and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs partitions shall become the property of Lessor without any credit Landlord as of the date of termination of this Lease or compensation upon earlier vacating of the Premises and shall be delivered up to Lesseethe Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and Lessor may, but is not obligated to, remove and store shall be removed by the date of termination of this Lease or dispose upon earlier vacating of the signs and Lessee shall be liable to Lessor for all costs incurred Premises if required by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with Landlord; upon any such earlier removal, storage, or disposal.Tenant shall restore the Premises to their original condition. All such removals and restoration shall be

Appears in 1 contract

Sources: Lease Agreement

Alterations. Lessee (a) Tenant shall not make or allow to be made any alterations, installations, improvements or additions or improvements in or to the Premises, Premises or place safes, vaults, or other heavy furniture attach any fixtures or equipment within the Premisesthereto, without Lessorthe Landlord’s prior written approval, not to be unreasonably withheld. All alterations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord’s consent. (b) All alterations, which consent improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not be unreasonably withheld remove any of such alterations, improvements or delayedadditions; provided, however, Lessee shall have the right, without Lessor’s consent, that Landlord may designate by written notice to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor Tenant at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, time Tenant requests consent those alterations and additions which shall be removed by Tenant at its sole cost and, on or before the expiration or termination of this Lease, and Tenant shall properly remove all of Lessee’s property from the same and repair any damage to the Premises and repair all damage caused by such removal. All Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or for Tenant may be removed by Tenant at any time. (c) In performing such alterations, improvements or additions, or in the removal of Lessee’s property thereof, Tenant shall be completed promptly use due care to cause as little damage or injury as possible to the Premises and in a good and workmanlike manner the Building and shall be performed in such a manner repair all damage or injury that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect may occur to the Premises or this Leasethe Building as a result thereof. (d) Tenant agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. In the event Lessee fails Any contractors employed by Tenant shall be subject to remove LesseeLandlord’s prior written approval, not to be unreasonably withheld. All such contractors shall be required to carry worker’s compensation insurance, commercial general liability insurance and property on or before the expiration or termination of this Leasedamage insurance in amounts, the signs shall become the property of Lessor without any credit or compensation to Lesseeform and content, and Lessor maywith companies reasonably satisfactory to Landlord. (e) Prior to the commencement by Tenant of any work as set forth in this Article, but is not obligated toTenant shall obtain, remove at Tenant’s sole cost and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, all necessary permits, authorizations and liability in connection with such removal, storage, or disposallicenses required by the various governmental authorities having jurisdiction over the Premises.

Appears in 1 contract

Sources: Office Lease Agreement (Cognition Therapeutics Inc)

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee (a) Tenant shall have the right, without Lessor’s consent, to construct additional option and privilege of renovating or alternate facilities modifying the Leased Premises at its own cost and expense when in the Tenant’s sole judgment, same may be deemed necessary for the health, safety or welfare of individuals in the course of operating a community support and social services programs, including a financial opportunity center, reengagement services, youth recreation and afterschool/summer activities, workforce development and other community based services. Such renovations and modifications may include, but shall not be limited to, repairing damage or replacing railings, doors, gates, counters, lighting fixtures, painting, signs and such other equipment necessary to the Tenant’s occupancy of the Leased Premises for housing Lessee’s ATMs (whether now located the purpose of doing business. Other than as set forth in the Premises preceding sentence, Tenant shall not make any changes, modifications or not)alterations (collectively, as deemed reasonably necessary by Lessee. Lessor consents the “Alterations”) to the presence ▇▇▇▇▇▇▇ School without the prior written consent of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DateLandlord. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee Notwithstanding anything herein to the contrary, Tenant shall not make any such improvements to the Leased Premises shall remain without Landlord consent in an amount exceeding $100,000. (b) Unless otherwise agreed to by Landlord and Tenant, all Alterations to the Leased Premises shall, upon and be surrendered with the Premises and installation, become the property of Lessor Landlord and shall be deemed part of, and shall be surrendered with, the Leased Premises. Tenant shall remove any Alterations made by Tenant to the Leased Premises and promptly repair and restore any damage to the Leased Premises caused by such removal to their condition existing prior to the installation thereof, reasonable wear and tear and unrepaired damage from a Casualty not caused by Tenant or from a Taking excepted, provided that Landlord advises Tenant in writing, at or prior to the time that Tenant requests the right to make such Alteration, that Tenant will be required to remove the same at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or earlier termination of this Lease, shall . (c) Tenant may install or place or reinstall or replace and remove all of Lessee’s property from the Leased Premises any trade equipment, machinery and personal property belonging to Tenant, provided, that Tenant shall repair all damage to the ▇▇▇▇▇▇▇ School caused by such removal. All such removal of Lessee’s Such trade equipment, machinery and personal property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall not become the property of Lessor without any credit or compensation to Lessee, Landlord and Lessor may, but is not obligated to, remove and store or dispose shall remain the property of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalTenant.

Appears in 1 contract

Sources: Lease Agreement

Alterations. 7.1 Lessee shall not make or allow permit to be made any alterationsimprovements, installationsalterations or additions to Premises or any part thereof without the prior written consent of Lessor, additions which consent will not be unreasonably withheld. 7.2 Lessee shall provide Lessor, for review and acceptance or rejection, the design of all improvements in or and alterations which Lessee may desire to make to the Premises, including, but not limited to, alterations of the Improvements. Prior to commencing construction or place safesinstallation of any alteration or improvement, vaults, Lessee shall deliver to Lessor detailed plans and specifications for such construction or other heavy furniture or equipment within the Premises, without installation and obtain Lessor’s prior written consentconsent thereto, which consent shall not unreasonably be unreasonably withheld withheld. 7.3 All construction, alterations, retrofitting, or delayed; providedinstallation work performed by Lessee or caused to be performed by Lessee in, howeveron or about the Premises shall comply in all respects to all applicable statutes, Lessee ordinances, building codes, rules and regulations, including, but not limited to, fire, safety, and construction standards of any governmental authority, and shall have the right, without furthermore comply with Lessor’s consent, most current watershed use and management guidelines. 7.4 Any consent given by Lessor pursuant to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in this Paragraph shall not constitute implied consent to any subsequent alteration upon the Premises or not)the Improvements but shall apply only to those items or matters for which consent was expressly provided. 7.5 Lessee shall notify Lessor at least ten (10) days in advance of the commencement of any construction type activities on, as deemed reasonably necessary by Lessee. in, or around the Premises, and Lessor consents shall be entitled to post on the Premises notices of non-responsibility in favor of Lessor prior to commencement of any such alterations or construction. 7.6 Title to the presence of all safes, vaults, heavy furniture and equipment which is situated on or existing Improvements shall remain vested in the Premises on the Commencement DateLessor. All new alterations, installations, or additions, constructed or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to installed on the Premises shall remain upon and be surrendered with for the Premises and become the property exclusive use of Lessor at Lessee until the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on Term or before the expiration or sooner termination of this Lease, whereupon it shall remove all of pass to and vest in Lessor. Furthermore, Lessee shall at Lessee’s property from the Premises expense promptly discharge and repair all damage caused pay in full any encumbrances, liens and debts incurred by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall created by Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or such improvements and alterations. 7.7 Except as provided in this Lease. In the event Paragraph, Lessee fails to remove Lesseeshall, at ▇▇▇▇▇▇’s property on or before the expiration or termination expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lesseerecord, and Lessor may, but is not obligated to, remove and store or dispose requirements in effect from the Effective Date through the end of the signs and Term regulating the use by Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalof the Premises.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or alterations (“Alterations”) to the Premises, Premises or place safes, vaults, or other heavy furniture or equipment within the Premises, Business Park without LessorLandlord’s prior written consent, which consent shall not be unreasonably withheld or delayed; providedwithheld. Once Landlord’s written consent is granted, however, Lessee shall have Tenant must provide Landlord at least ten (10) business days prior to the right, without Lessor’s consent, to construct additional or alternate facilities commencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Dateare located. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, Alterations made by Lessee to the Premises Tenant shall be performed by Tenant and its contractors in a good and workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any Alterations made shall remain upon on and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the upon expiration or termination of this Lease, shall except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of Lesseethe 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 that existed as of the Commencement Date, 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, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said Alterations upon expiration or termination of the Lease. 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 reasonably approved by Landlord. Tenant 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. Notwithstanding the foregoing, Tenant may construct non-structural Alterations within the interior of the Building without Landlord’s prior approval, if the cost of any such project does not exceed Fifty Thousand Dollars ($50,000) in any twelve (12)-month period. Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (collectively, “Tenant’s Property”) shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises and repair Premises, provided that Tenant repairs all damage caused by such removal. All such removal of Lessee’s property Landlord shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that have no mechanic’s, materialman’s lien or other similar liens shall attach to Lesseeinterest in any item of Tenant’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalProperty.

Appears in 1 contract

Sources: Standard NNN Lease (3PAR Inc.)

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or additions and improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable except trade fixtures, made by Lessee to installed at expense of Tenant, shall become the Premises property of Landlord and shall remain upon and be surrendered with the Premises leased premises as a part of thereof on this lease. Such alterations, additions, and become improvements may only be made with the property prior written consent of Lessor at Landlord, which consent shall not be unreasonably withheld. If consent is granted for the expiration making of improvements or termination alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of this Lease or the termination of Lessee’s right insurance showing coverage in an amount satisfactory to possession of the Premises. Lessee, at its sole cost andLandlord protecting Landlord from liability for injury to any person and damage to any personal property, on or before off the expiration leased premises, in connection with the making of such improvements or termination alterations. No cooling tower, equipment, or structure of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property any kind shall be completed promptly and in a good and workmanlike manner and placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be performed done at Tenant's expense and in such a manner that no mechanic’sthe roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, materialman’s equipment or other similar liens shall attach to Lessee’s leasehold estatestructure temporarily, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect so that repairs to the Premises or this Leaseroof can be made, Tenant shall promptly repair at its expense any damages resulting from such removal. In At the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Leaselease, Tenant shall deliver the signs leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall become be repaired at Tenant's expense prior to the property expiration of Lessor without any credit or compensation to Lesseethe lease term. All alterations, improvements, additions, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee repairs made by Tenant shall be liable to Lessor for all costs incurred by Lessor made in connection therewith. Lessee shall indemnify good and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalworkmanlike manner.

Appears in 1 contract

Sources: Commercial Lease (Design Automation Systems Inc)

Alterations. Lessee Except for any initial improvement of the Demised Premises pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant shall not make make, suffer or allow permit to be made any alterations, installations, additions or improvements in to or to of the PremisesDemised Premises or any part thereof, or place safes, vaults, or other heavy furniture attach any fixtures or equipment within the Premisesthereto, without Lessor’s prior first obtaining Landlord's written consent, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provideddelayed by Landlord. Any such alterations, howeveradditions or improvements to the Demised Premises consented to by Landlord shall be made by Tenant, Lessee under Landlord's supervision, and Tenant shall have the rightreimburse Landlord (or Landlord's designated agent) for construction coordination fees, without Lessor’s consent, to construct additional or alternate facilities in the Premises amount of3% of the cost of the work, within ten (10) days after receipt of a statement. This provision shall not apply to basic, non-material work within the Demised Premises, such as, by way of illustration but not limitation, picture hanging, furniture installation, installation of low voltage cabling for housing Lessee’s ATMs (whether now located in phones and computers, and the Premises or not)rearranging of offices within the Demised Premises, as deemed reasonably necessary by Lessee. Lessor consents and Tenant may cause such tasks to be performed without the presence prior consent of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DateLandlord. All such alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal additions and improvements shall become Landlord's property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or earlier termination of this the Lease or Term and shall remain on the termination of Lessee’s right Demised Premises without compensation to possession of the Premises. LesseeTenant unless Landlord elects by notice to Tenant, at its sole cost andthe time the applicable alterations, on additions or before improvements are approved, to have Tenant remove such alterations, additions and improvements upon the expiration or termination of this Lease, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall remove all of Lessee’s property from promptly restore, at its sole cost and expense, the Demised Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect its condition prior to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination installation of this Leasesuch alterations, the signs shall become the property of Lessor without any credit or compensation to Lessee, additions and Lessor may, but is not obligated to, remove improvements excepting only (i) reasonable wear and store or dispose of the signs tear and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify (ii) casualty damage and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalcondemnation.

Appears in 1 contract

Sources: Lease Agreement (Indus International Inc)

Alterations. Lessee (a) Tenant shall not make or allow to be made any alterations, installations, 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 good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and 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 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) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease provided such removal may be 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 place safesto the Building as a result of any alteration, vaultsaddition, improvement, or other heavy furniture or equipment within repair to the Premises, without Lessor’s prior written consentor the removal of personal property or trade fixtures by Tenant, which consent shall not be unreasonably withheld or delayed; providedits employees, howeveragents, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additionsinvitees, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee contractors to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor unless such requirement is in writing by Landlord at the expiration or time of termination of this Lease or the termination Lease. Should Tenant fail to conduct any such repair within ten business days of Lessee’s right to possession of the Premises. Lesseewritten notice from Landlord, Landlord may, at its sole cost andoption, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estateperform same, and in no event Tenant shall Lessee permit, or be authorized remit payment to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, Landlord for the actual cost and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs expense incurred by Lessor Landlord in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with effecting such removal, storage, or disposalrepair immediately upon demand.

Appears in 1 contract

Sources: Lease Agreement (Sciquest Com Inc)

Alterations. Lessee Tenant shall not make or allow to be made any no alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, Premises without Lessor’s Landlord's prior written consentconsent as provided herein and without a valid building permit issued by the appropriate governmental agency. To the extent that any alterations, which additions or improvements to the Premises constitute "Major Alterations" (as defined below), Landlord may withhold its consent in Landlord's sole and absolute discretion; otherwise, Landlord's consent to any alterations, additions or improvements to the Premises other than Major Alterations shall not be unreasonably withheld withheld. As used herein, "Major Alterations" shall mean any alterations, additions or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in improvements (i) which are visible from outside the Premises for housing Lessee’s ATMs and/or Building (whether now located in the Premises or notincluding design and aesthetic changes), as deemed reasonably necessary by Lessee. Lessor consents and/or (ii) to the presence exterior of the Building, the roof of the Building, the heating, ventilation and/or air conditioning systems serving the Premises, the fire sprinkler, plumbing, electrical, mechanical and/or any other systems serving the Premises, any interior, load-bearing walls and/or the foundation of the Building. Tenant shall notify Landlord in writing at least fifteen (15) days prior to commencement of any such work to enable Landlord to post a Notice of Non‑Responsibility or other notice deemed proper before the commencement of such work. Any and all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All such alterations, installations, additions, additions or improvements, other than movable furniture, movable equipment (improvements shall comply with all Applicable Laws including, without limitation Lessee’s ATMs)limitation, obtaining any required permits or other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or governmental approvals. Upon termination of this Lease or the termination of Lessee’s right to possession Lease, any alterations, additions and improvements (including without limitation all electrical, lighting, plumbing, heating and air‑conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant shall at once become part of the Premisesrealty and belong to Landlord unless the terms of the applicable consent provide otherwise, or Landlord requests that part or all of the additions, alterations or improvements be removed. LesseeIn such case, Tenant, at its sole cost and, on or before the expiration or termination of this Leaseand expense, shall promptly remove all the specified additions, alterations or improvements and shall fully repair and restore the relevant portion(s) of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the condition in which Tenant is otherwise required to surrender the Premises or this Lease. In the event Lessee fails under Paragraph 19.1, provided that Landlord agrees Tenant shall have no obligation to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalLandlord's Work.

Appears in 1 contract

Sources: Office Lease (Nautilus, Inc.)

Alterations. Lessee (a) If the Tenant requests that the Landlord make alterations in or additions to the Premises, and the Landlord agrees, such work will be performed under separate written contract to be negotiated between the Landlord and Tenant. The Tenant shall not make or allow permit anyone to be made make any alterations, installations, additions or improvements alterations in or additions to the Premises (hereinafter collectively called "Improvements") or install any equipment of any kind which will require any Improvements to the Premises, or place safes, vaults, or other heavy furniture or equipment within which require the Premisesuse of the Building Service Systems (defined below), without Lessor’s prior the Landlord's advance written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lesseeeach instance. Lessor consents The Landlord may consent to the presence Tenant's request to make improvements after the Tenant furnishes the Landlord with plans and specifications therefor, names and addresses of all safescontractors who will perform the work, vaultsand indemnification of the Landlord against claims, heavy furniture costs, damages, liabilities and equipment which is situated on expenses, each in form and amount satisfactory to the Landlord. The Landlord agrees to provide prompt review of Tenant's alteration request, 60 days or in the Premises less depending on the Commencement Datecomplexity of the project, and will call for a project review meeting if any problems surface during the course of this review that require further input or discussion from the Tenant. The Landlord will not unreasonably delay the commencement of a Landlord-approved alteration project as long as the Tenant has complied with the requirements set forth in paragraph 8(a). All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property Improvements shall be completed promptly and installed in a good and workmanlike manner and only new, high grade materials shall be performed in such a manner that no mechanic’sused. Whether the Tenant furnishes the Landlord the foregoing or not, materialman’s or other similar liens shall attach the Tenant hereby agrees to Lessee’s leasehold estateindemnify, defend and in no event shall Lessee permithold the Landlord harmless from and defend it against any and all claims, actions, damages, liabilities and expenses of every kind and description which may arise out of or be authorized to permit, connected in anyway with the Improvements or the installation thereof. Before commencing any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to work in the Premises or delivering any materials into the Building, the Tenant shall furnish the Landlord with a certificate of insurance from all contractors performing labor or furnishing materials, insuring the Landlord against all claims, costs, damages, liabilities and expenses which may arise out of or be connected in anyway with the Improvements or the installation thereof. The Tenant shall promptly furnish information regarding increase in the use of utilities, environmental services, and other services by the Tenant which the parties agree will be the basis for additional rent to be charged to the Tenant pursuant to this Lease. In The Tenant shall ensure all work performed is in full compliance with the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose most current version of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss"199X Contractor Guide", damage, cost, expense, and liability in connection with such removal, storage, or disposal.as

Appears in 1 contract

Sources: Lease Agreement (Emagin Corp)

Alterations. Lessee Tenant shall not make or allow to be made any no alterations, installations, additions or improvements in in, on or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, Leased Premises without Lessor’s Landlord's prior written consent, which consent shall not to be unreasonably withheld or delayed; providedwithheld. All such work shall be designed and made in a manner, howeverand by architects, Lessee shall have the rightengineers, without Lessor’s consentworkmen and contractors, satisfactory to construct additional or alternate facilities Landlord, in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Dateits reasonable discretion. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment additions and improvements (including, without limitation Lessee’s ATMs)limitation, other personal property paneling, partitions, millwork and movable trade fixtures, ) made by Lessee or for Tenant to the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Lessor Landlord at the expiration or termination of this Lease or the termination of Lessee’s Tenant's right to possession of the Leased Premises. Lessee; provided, at its sole cost and, on Landlord may require Tenant to remove any or before all of such items that are not Building standard upon the expiration or termination of this Lease, Lease or the termination of Tenant's right to possession of the Leased Premises in order to restore the Leased Premises to the condition existing at the time Tenant took possession. Landlord shall remove all notify Tenant in writing of Lessee’s any such removal requirement at the time of installation of such non-Building standard items. Tenant shall bear the costs of removal of Tenant's property from the Building and of all resulting repairs thereto. Upon removal of such items, Tenant shall restore the Leased Premises to the condition existing at the time Tenant took possession, excluding normal wear and tear. Notwithstanding the foregoing, upon the expiration or earlier termination of this Lease, Tenant shall, at Landlord's request and upon written notification from Landlord, remove all telephone and data wiring installed by Tenant from the Leased Premises, and Tenant shall repair all any damage to the Leased Premises caused by any such removal. All such Tenant shall bear the costs of removal of Lessee’s Tenant's property shall 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 and shall manner; (e) be performed in such a manner that no does not cause interference or disharmony with any labor used by Landlord, Landlord's contractors or mechanics or by any other tenant or such other tenant's contractors or mechanics; and (f) not cause any mechanic’s's, materialman’s 's or other similar liens shall to attach to Lessee’s Tenant's leasehold estate, and in no event . Tenant shall Lessee not permit, or be authorized to permit, any such liens (valid or alleged) or other claims to be asserted against Lessor Landlord or Lessor’s Landlord's rights, estate, estates and interests with respect to the Premises Building or this Lease. In the event Lessee fails to remove Lessee’s property Lease in connection with any work done by or on or before the expiration or termination behalf of this Lease, the signs shall become the property of Lessor without any credit or compensation to LesseeTenant, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee Tenant shall indemnify and hold Lessor Landlord harmless from all loss, damage, cost, expense, and liability in connection with against any such removal, storage, or disposalliens.

Appears in 1 contract

Sources: Lease Agreement (Pozen Inc /Nc)

Alterations. Lessee Tenant shall not make or allow suffer to be made any ----------- alteration, addition or improvement to or of the Premises or any part thereof (collectively referred to herein as "alterations, installations, additions or improvements in or to ") without (i) the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld 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 delayed; providedsimilar 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, howeverrules and regulations of federal, Lessee .state, municipal, county and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall have the right, without Lessor’s consent, to construct additional or alternate facilities in at once become a part of the Premises for housing Lessee’s ATMs and belong to Landlord. Without limiting the foregoing, all heating, lighting, electrical (whether now located 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 an integral part of the building in which the Premises or not)are a part, as deemed reasonably necessary by Lessee. Lessor consents to the presence shall upon installation be and become part of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Dateand belong to Landlord and shall not be deemed trade fixtures. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises such alterations shall remain upon and be surrendered with the Premises at the termination of the 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. 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. 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 Lessor at Landlord unless promptly removed by Tenant. If during the expiration term any alteration, addition or termination of this Lease or the termination of Lessee’s right to possession change of the Premises. LesseePremises is required by law, regulation, ordinance or order of any public authority, Tenant, at its sole cost and, on or before the expiration or termination of this Leaseand expense, shall remove all of Lessee’s property from 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 repair all damage caused by it is impractical, in Landlord's judgment, for the affected tenants to individually make such removal. All alterations, additions or changes, Landlord shall make such removal of Lessee’s property alterations, additions or changes and the cost thereof shall be completed promptly a direct expense and Tenant shall pay its percentage share of said cost to Landlord as provided in a good paragraphs 4 and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal5.

Appears in 1 contract

Sources: Sublease (Ebay Inc)

Alterations. Lessee Tenant shall not make no changes in or allow to be made the demised premises of any nature without Owner’s prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant, at T▇▇▇▇▇’s expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the Premisesinterior of the demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, or place safesat its expense, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All before making any alterations, installations, additions, installations or improvementsimprovements obtain all permits, other than movable furnitureapproval 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, movable equipment (includingapprovals and certificates to Owner. T▇▇▇▇▇ agrees to carry and will cause T▇▇▇▇▇’s contractors and sub-contractors to carry such w▇▇▇▇▇▇’▇ compensation, without limitation Lesseegeneral liability, personal and property damage insurance as Owner may require. If any mechanic’s ATMs)lien is filed against the demised premises, other personal or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at T▇▇▇▇▇’s expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become demised premises unless Owner, by notice to Tenant no later than twenty days prior to the property of Lessor at date fixed as the expiration or termination of this Lease lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Nothing in this Article shall be construed to give Owner title to or prevent T▇▇▇▇▇’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 to the condition existing prior to installation and repair any damage to the demised premises or the termination of Lessee’s right building due to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such property permitted or required to be removed by T▇▇▇▇▇ at the end of the term remaining in the premises after T▇▇▇▇▇’s removal shall be deemed abandoned and may, at the election of Lesseethe Owner, either be retained as Owner’s property shall be completed promptly and or removed from the premises by Owner, at T▇▇▇▇▇’s expense. See paragraph “66th” in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.Rider

Appears in 1 contract

Sources: Acknowledgement (American Defense Systems Inc)

Alterations. Lessee shall not make or allow to be made any non-structural interior alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Leased Premises without the Premises, without Lessor’s prior written consentconsent of Lessor in each instance, which consent shall not be unreasonably withheld or delayed; provided, however, . Lessee shall have the rightnot take any structural or exterior alterations, without Lessor’s consent, to construct additional additions or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents improvements to the presence Leased Premises without the prior written consent of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DateLessor. All Should Lessor fail to respond within fifteen (15) working days after Lessor's receipt of any written request from Lessee for Lessor's consent to any proposed alterations, installations, additions, additions or improvements, other than movable furnitureLessor's consent shall be deemed to have been granted. All permitted alterations, movable equipment additions and improvements made by Lessee shall be performed (includingi) in a good and workmanlike manner, without limitation (ii) in accordance with all applicable legal and insurance requirements, (iii) only after receipt by Lessee and presentation to Lessor of all necessary permits and licenses, and (iv) at Lessee’s ATMs), other personal property and movable 's sole expense. Except for Lessee's removable trade fixtures, and all improvement made by Lessee to Tenant in the Premises processing and storage areas, all improvements, repairs, alterations and additions and all other non-trade fixtures, whether installed before or after the execution of this Lease, shall remain upon and be surrendered with the Leased Premises at the expiration or sooner termination of this Lease and become the property of Lessor at without payment therefor by Lessor, unless prior to the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, Lessor shall have given written notice to Lessee to remove all of the same, in which event Lessee’s property from the Premises , at its expense, will remove such alterations, improvements, additions and/or fixtures and repair and restore any and all damage to the Leased Premises caused by such removal. All such the installation and/or removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalthereof.

Appears in 1 contract

Sources: Assignment and Assumption of Leases (North American Vaccine Inc)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installationsadditions 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 in or to the Premiseserect, remove or alter such partitions, or place safeserect such shelves, vaultsbins, or other heavy furniture or equipment within the Premisesmachinery and trade fixtures as it may deem advisable, without Lessor’s prior written consentaltering the basic character of the building or Improvements and without overloading or damaging such building or Improvements, which consent 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 not be unreasonably withheld or delayedand 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 date of termination of this lease; provided, however, Lessee shall have the rightthat if Landlord so elects prior to termination of this lease, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All such alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property improvements and movable trade fixtures, made by Lessee to the Premises partitions shall remain upon and be surrendered with the Premises and become the property of Lessor Landlord as of the date of termination of this lease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease and shall be delivered up to the landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Tenant at Tenant's expense if required by Landlord upon the expiration or termination of this Lease or lease; upon any such removal Tenant shall restore the termination of Lessee’s right premises to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removaltheir original condition. All such removal of Lessee’s property removals and restoration shall be completed promptly and accomplished in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s so as not to damage the primary structure or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose structural qualities of the signs buildings and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalother improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Universal Beverages Holdings Corp)

Alterations. Lessee shall Tenant will not make or allow permit anyone to be made make any alterations, installationsadditions or improvements, structural or otherwise, in or to the Leased Premises or the Building, without first obtaining the written consent of Landlord which consent may be granted or withheld in Landlord's sole and absolute discretion. In the event Landlord consents to any such alterations, etc., TENANT SHALL HAVE THE RIGHT TO UTILIZE A CLASS-A GENERAL CONTRACTOR APPROVED BY LANDLORD IN WRITING OR, IF TENANT REQUIRES LANDLORD TO PERFORM THE WORK, Tenant shall be obligated to pay Landlord the cost thereof plus ten percent (10%) for overhead and FIVE percent (5%) for profit, 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 to contract out such work, such alterations shall be 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 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 or to the Premises, Leased Premises or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent Building. Tenant shall not permit a mechanic's lien or liens to be unreasonably withheld or delayed; provided, however, Lessee shall have placed upon the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Leased Premises or not), the Building as deemed reasonably necessary by Lessee. Lessor consents to the presence a result of all safes, vaults, heavy furniture and equipment which is situated on any alterations or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, improvements made by Lessee to the Premises shall remain upon it and agrees, if any such lien be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession filed on account of the Premises. Lesseeacts of Tenant, at its sole cost and, on or before promptly to pay the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Leasesame. In the event Lessee Tenant fails to remove Lessee’s property on or before pay any such lien, it may be paid by Landlord without releasing Tenant and the expiration or termination of cost charged to Tenant as additional rent under this Lease. If any such alterations, decorations, additions or improvements are made without the signs shall become prior written consent of Landlord, Landlord may correct or remove the property of Lessor without any credit or compensation to Lessee, same and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee Tenant shall be liable to Lessor for any and all costs and expenses incurred by Lessor Landlord in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.

Appears in 1 contract

Sources: Office Lease Agreement (Template Software Inc)

Alterations. Lessee Tenant shall not make no changes in or allow to be made any the ----------- Premises without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing; and electrical lines, in or to the Premisesinterior of the Premises by using contractors or mechanics first approved in writing by Landlord.* All fixtures, or place safesall electrical items and all panelling, vaultspartitions, or other heavy furniture or equipment within the Premisesrailings and like installations, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities installed in the Premises for housing Lessee’s ATMs (whether now located at any time, either by Tenant or by Landlord in Tenant's behalf, shall become the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence property of all safes, vaults, heavy furniture Landlord and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become unless Landlord, by notice to Tenant no later than thirty (30) days prior to the property of Lessor at date fixed as the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before sixty (60) days after the expiration or termination of this Lease, elects to have them removed by Tenant, in which event the same shall remove all of Lessee’s property be removed from the Premises by Tenant forthwith. Nothing in this Article shall be construed to prevent Tenant's removal of trade fixtures, but upon removal of any such trade fixtures from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair all and restore the Premises to the condition existing prior to installation, and shall repair any damage caused by to the Premises on the building due to such removal. All such property permitted or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal of Lessee’s property shall be completed deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense, which right of Landlord shall survive expiration of this Lease. Tenant shall, before making any alterations, additions, installations or improvements, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates at final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord; and Tenant agrees to carry such ▇▇▇▇▇▇▇'▇ Compensation, General Liability, Personal and Property Damage Insurance as Landlord may reasonably require. Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, sub-contractors; materialmen and laborers to become involved in such work. The work shall be done in a good and workmanlike manner and shall be performed in such a manner that no mechanic’scompliance with all applicable laws, materialman’s or other similar liens shall attach to Lessee’s leasehold estateordinances, codes, governmental rules, regulations and requirements, and in no event shall Lessee permitaccordance with the standards, if any, of the Board of Fire Underwriters, or other organizations exercising the functions of a board of fire underwriters the jurisdiction of which includes the Premises. * Notwithstanding Landlord agrees that its consent shall not be authorized required for any non-structural alterations which amount to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalless than $15,000.00.

Appears in 1 contract

Sources: Lease Agreement (Happy Kids Inc)

Alterations. Lessee Except for the work provided for in Exhibit B which is governed by the terms of Exhibit B, Tenant shall not make or allow suffer to be made any alterations, installations, additions or improvements in to or to of the PremisesPremises or any part thereof, or place safes, vaults, or other heavy furniture attach any fixtures or equipment within the Premisesthereto, without Lessorfirst obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld withheld. Any alterations, additions or delayed; providedimprovements (except the improvements covered by Exhibit B, however, Lessee which shall have be governed by the right, without Lessor’s consent, provisions of Exhibit B) to construct additional or alternate facilities in the Premises consented to by Landlord shall be made by Landlord for housing LesseeTenant’s ATMs account, and Tenant shall reimburse Landlord as additional rent for all costs incurred by Landlord under this Section (whether now located in the Premises including reasonable charges for construction administration) within thirty (30) days after receipt of Landlord’s statement therefore. All additions, alterations or not), as deemed reasonably necessary by Lessee. Lessor consents improvements to the presence of all safesPremises, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMslimitation, all carpeting, partitions and fixtures of any kind, shall become at once a part of the realty and belong to Landlord, except for any telephone control boxes and other telephone equipment (other than wiring), other unattached and movable personal property and movable trade fixtures, made by Lessee to fixtures placed on the Premises shall remain upon and be surrendered with by the Premises and become the property of Lessor at Tenant. Prior to the expiration or sooner termination of this Lease or the termination of Lessee’s right to possession of the Premises. LesseeTerm hereof, Tenant shall remove its trade fixtures and unattached and movable personal property and Tenant promptly shall repair, at its sole cost andand expense, on any damage to the Premises or before the Building caused by such removal. Notwithstanding any other provisions contained in this Lease, ▇▇▇▇▇▇ agrees that upon ▇▇▇▇▇▇▇▇’s written request made at least thirty (30) days prior to the expiration or termination of this Lease, Tenant, at its sole cost and expense, shall remove all of Lessee’s promptly any alterations, additions, improvements, personal property from the Premises designated by Landlord to be removed (except for Tenant Standard Improvements) and repair all any damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Leasethe Building resulting from such removal. In the event Lessee fails Tenant’s obligation to remove Lessee’s any alterations, additions, improvements, fixtures and/or personal property on or before and to repair any damage resulting from such removal shall survive the expiration or termination of this Lease. If Tenant fails to remove any alterations, additions, improvements, fixtures and/or personal property designated by Landlord to be removed, or if Tenant is in default hereunder, Landlord shall have the signs shall become right but not the property of Lessor without any credit or compensation obligation to Lesseeremove, store and Lessor may, but is not obligated to, remove and store or dispose of sell the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, same at Tenant’s expense, and liability if Tenant is in connection with such removaldefault hereunder, storageLandlord shall be entitled to apply any proceeds of the sale to Tenant’s obligations hereunder. Should Landlord sell Tenant’s alterations, additions, improvements, fixtures or disposalpersonal property pursuant to the foregoing sentence, Landlord shall have no obligation to sell the same at public auction or to conduct a public sale. To the extent allowable, Tenant hereby waives any and all statutes and ordinances relating the disposition of abandoned or unclaimed property.

Appears in 1 contract

Sources: Office Lease (Intersearch Group Inc)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the PremisesPremises (including but not limited to roof, or place safes, vaults, or other heavy furniture or equipment within floor and wall penetrations) without the Premises, without Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld, delayed or delayed; provided, however, Lessee shall have conditioned. In the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor event Landlord consents to the presence making of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All any such alterations, installationsadditions 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 requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord, or, at Landlord's sole option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (15%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee improvements to the Premises made by Tenant, Tenant shall remain upon supply Landlord with a set of scaled and be surrendered with dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified by Tenant's architect or space planner. Tenant may, without the Premises and become the property consent of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. LesseeLandlord, but at its sole own cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly expense and in a good and workmanlike manner erect such shelves, bins, machinery and shall be performed in such a manner that no mechanic’strade fixtures as it may deem advisable, materialman’s without altering the basic character of the Building or other similar liens shall attach to Lessee’s leasehold estateimprovements and without overloading or damaging the Building or improvements, and in no event shall Lessee permiteach case complying with all applicable governmental laws, or be authorized to permitordinances, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, regulations and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.other

Appears in 1 contract

Sources: Lease Agreement (Inhibitex Inc)

Alterations. Lessee As of the commencement of this Lease, when the Premises are substantially completed, and thereafter, Tenant, at its cost, shall be entitled to install such machinery, equipment and personality that has not make or allow to be made any already been installed at the Premises, which installations may include necessary alterations, installationsadditions, additions or changes, and improvements in or to the Premises, as permitted by Section 8 above. In addition, Tenant, at its cost, may alter, modify or place safesimprove its administrative, vaultsoffice, storage, exhibit, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities space in the Premises for housing Lessee’s ATMs (whether now located in as Tenant determines necessary or desirable from time to time, provided any such alterations, modifications or improvements are consistent with the permitted uses of the Premises or not), as deemed reasonably necessary by Lesseeset forth in Section 6 hereof. Lessor consents to Facility changes shall be completed per the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DateWake County partner facility modification process. All such structural alterations, installations, additions, additions and improvements which are non-movable fixtures (this excludes any equipment that that may be leased or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal considered the property of others as documented by another lease or license agreement to which Wake County is party) and movable otherwise not trade fixtures, made by Lessee to fixtures shall remain or become the Premises property of Landlord and shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession end of the PremisesTerm. LesseeTenant shall be responsible for all design and engineering costs associated with any alterations contemplated herein. Except for the foregoing, Tenant shall not make any structural alterations, additions or improvements to the Premises without Landlord's advance written consent. Notwithstanding the foregoing, at its sole cost and, on or before the expiration or termination of this Lease, shall Tenant may remove all of Lessee’s trade fixtures, furniture, equipment, and other personal property from the Premises and repair all belonging to it or third parties provided that Tenant promptly repairs any damage caused by such removal. All Provided, however, that Tenant shall not remove the IMAX System from the Premises if it has assigned the Purchase Right to Landlord pursuant to Section 3 hereof. If Tenant makes any alterations not otherwise permitted under this Lease and without Landlord's consent, Landlord may remove such removal of Lessee’s property alterations, and all expenses incurred by Landlord in removing the alterations shall be completed promptly payable by Tenant upon written notice and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposaldemand.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Lessee A. Tenant shall not make or allow to be made any alterations, installations, 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 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, additions, improvements and partitions erected by Tenant shall be and remain property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, that if Landlord so elects prior to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession upon earlier vacating of the Premises. Lessee, at its sole cost andprovided, on or before the expiration or however, that if Landlord so elects, prior to termination of this LeaseLease or upon earlier vacating of the Premises, shall remove all of Lessee’s property from the Premises such alterations, additions, improvements and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs partitions shall become the property of Lessor without any credit Landlord as of the date of termination of this Lease or compensation upon earlier vacating of the Premises and shall be delivered up to Lesseethe Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and Lessor may, but is not obligated to, remove and store shall be removed by the date of termination of this Lease or dispose upon earlier vacating of the signs Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and Lessee restoration shall be liable accomplished in good workmanlike manner so as not to Lessor for all costs incurred by Lessor in connection therewith. Lessee damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises. B. Tenant shall indemnify remove any sumps and hold Lessor harmless from all lossclarifiers and any related Hazardous Materials ("Hazardous Material" shall mean petroleum and petroleum products, damage, cost, expenseasbestos, and liability in connection with such removalPCB's and any "hazardous substances", storage"hazardous materials", or disposal"toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined and "hazardous wastes" or as "hazardous substances" in the Washington State Model Toxics Control Act, as codified at Chapter 70.105D, Revised Code of Washington, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associates with Tenant's use and occupancy thereof upon the expiration of ear▇▇▇▇ ▇ermination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Sparkling Spring Water Holdings LTD)

Alterations. Lessee (a) Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, Premises (“Alterations”) without LessorLandlord’s prior written consent, and then only by contractors or mechanics reasonably approved in advance in writing by Landlord, provided Landlord may, in Landlord’s sole discretion, withhold its consent to any Alteration which in Landlord’s reasonable judgment would materially and adversely affect the structure or systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Landlord hereby approves Tenant’s installation in the Premises of an “insert stage”, including a green screen and soundproofing (the “Permitted Alterations”), subject to a plan to be reasonably approved by Landlord. All such work shall be done by Tenant at such times and in such manner as Landlord may from time to time reasonably designate and, except for the Permitted Alterations, under Landlord’s reasonable supervision. In each instance where Tenant requires Landlord’s consent to an Alteration, Tenant shall furnish Landlord with plans showing the proposed Alteration to the Premises. Tenant covenants and agrees that all work done by or pursuant to the direction and instruction of Tenant shall be performed in full compliance with all Legal Requirements. (b) All Alterations, fixed partitions and/or appurtenances which are fixtures or otherwise built into the Premises prior to or during the term hereof shall be and remain part of the Premises and shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary removed by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor Tenant at the expiration or termination of this Lease or the termination of Lessee’s right to possession end of the Premises. Lesseeterm hereof, unless such removal is required by Landlord pursuant to written notice to Tenant given at its sole cost and, on or least thirty (30) days before the expiration or sooner termination of the term of this LeaseSublease, in which event Tenant shall remove all of Lessee’s property from the Premises same and repair all damage caused by such removalremoval at Tenant’s sole cost and expense. Such Alterations, fixed partitions and/or appurtenances shall include but not be limited to: All such removal floor coverings, drapes, paneling, molding, doors, vaults (exclusive of Lessee’s property shall be completed promptly vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, all fixtures and in a good outlets for the systems mentioned above and workmanlike manner for all radio, telecommunication, telegraph and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estatetelevision purposes, and any special flooring or ceiling installations. Notwithstanding the foregoing, in no event shall Lessee permit, or Tenant be authorized required to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to remove the Permitted Alterations from the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before at the expiration or earlier termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalSublease.

Appears in 1 contract

Sources: Sublease Agreement (Imarx Therapeutics Inc)

Alterations. Lessee shall Tenant agrees that it will not make or allow to be made any structural alterations, installationsimprovements, additions additions, repairs, or improvements in or changes to the Premises, interior or place safes, vaults, exterior of the Premises or other heavy furniture or equipment within non-structural changes to the Premises, exterior of the Building during the Term of this Lease without Lessor’s in each instance obtaining Landlord's prior written consent, which consent may be withheld in the sole and absolute discretion of Landlord. Tenant agrees that it will not make any non-structural alterations, additions, repairs or changes to the interior of the Building, during the Term of this Lease, without in each instance obtaining Landlord's prior written consent, which shall not be unreasonably withheld or delayed. Together with each request for consent, Tenant shall present to Landlord reasonably detailed plans and specifications for such proposed alterations, improvements, additions, repairs or changes; provided, however, Lessee approval of such plans and specifications by Landlord shall have the rightnot constitute any assumption of responsibility by Landlord for their accuracy or sufficiency, without Lessor’s consent, to construct additional or alternate facilities in the Premises and Tenant shall be solely responsible for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Datesuch items. All alterations, installationsimprovements, additions, repairs or changes shall be done either by or under the direction of Landlord, but at the expense of Tenant; provided, however, Landlord shall only engage contractors which are competitively prices and reasonably available to complete the proposed alterations, improvements, other than movable furnitureadditions or changes. All alterations, movable equipment (includingimprovements, without limitation Lessee’s ATMs)additions, other personal property and movable trade fixtures, repairs or changes made by Lessee Tenant, shall, unless Landlord gives notice to Tenant to remove the same, remain upon the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or earlier termination of the Term of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor Landlord immediately upon installation thereof. The same shall remain the property of Landlord (without any credit obligation of Landlord to pay compensation therefor) unless Landlord gives Tenant written notice to remove any or compensation all of the aforesaid, in which event Tenant shall remove at Tenant's expense such of the same as may be specified in Landlord's notice to LesseeTenant, and Lessor may, but 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) to the extent the Premises is not obligated to, remove and store or dispose of the signs and Lessee shall required to be liable to Lessor for all costs incurred repaired and/or maintained by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expenseTenant, and liability in connection with (ii) damage by fire or other casualty. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from Tenant, as Additional Rent, within ten (10) business days of Landlord’s written demand therefor. Landlord consent shall not be required for non-structural alterations such removalas partitions, storagepainting, or disposaldecorating and alterations not exceeding Five Thousand Dollars ($5,000.00).

Appears in 1 contract

Sources: Lease Agreement (Vaccinogen Inc)

Alterations. Lessee Except for non-structural additions or alterations which do not cost more than $50,000.00 in the aggregate, Tenant shall not make or allow to be made any alterations, installations, additions additions, or improvements in or to the Premises, Premises or place safes, vaults, install any equipment or machinery (other heavy furniture or than standard office equipment within the Premisesand unattached personal property), without Lessor’s Landlord's prior written consent, consent (which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, ). Should Tenant desire to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All perform any alterations, installationsTenant shall submit plans and specifications for same to Landlord for Landlord's written approval before beginning such work. Upon receipt by Tenant of the written approval of Landlord of such plans and specifications, additionsand upon payment by Tenant to Landlord of the reasonable fees (not to exceed $500.00) incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Landlord. Any and all such alterations, physical additions or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, including those improvements made by Lessee to at the Premises shall remain upon and be surrendered Tenant's expense or under any agreement with the Premises Tenant whereby the Tenant is given an allowance or rent reduction in exchange for Tenant's agreement to install or allow to be installed lease improvements, such as by way of example, but not limitation, wall coverings, floor coverings or carpet, paneling, doors, cabinets, appliances (such as built-in refrigerators and dishwashers) and hardware, shall become the property of Lessor Landlord at the expiration or termination of this Lease or the termination of Lessee’s Tenant's right to possession of the Premises. LesseePremises and shall in no event be removed by Tenant; provided, however, that Landlord may require Tenant, at its sole cost andTenant's cost, on to remove any or before all of such items upon the expiration or termination of this Lease, shall remove all Lease or the termination of Lessee’s property from Tenant's right to possession of the Premises and and, at Tenant's expense, repair all any damage caused by such removal. All installations shall be at Tenant's sole cost and expense. Without in any way limiting Landlord's consent rights, Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such removal and approves such contractor's insurance coverage to be provided in connection with the work, (b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency, if any, has approved the plans and specifications for such work. All work performed by Tenant or its contractor relating to the installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. Upon completion of Lessee’s property the installations, Tenant shall deliver to Landlord "as built" plans. If Landlord performs such installations, Tenant shall pay Landlord, as additional Rent, the cost thereof plus fifteen percent (15%) as reimbursement for Landlord's overhead. Each payment shall be made to Landlord within twenty (20) days after receipt of an invoice from Landlord. All work performed by Tenant with respect to the Premises shall (a) be performed so as not to alter the exterior appearance of the Building, (b) be performed so as not to adversely affect the structure or safety of the Building, (c) comply with all building, safety, fire, and other codes and governmental and insurance requirements, (d) be performed so as not to result in any usage in excess of Building Standard quantities of water, electricity, gas, heating, ventilating, or air-conditioning (either during or after such work) unless prior written arrangements reasonably satisfactory to Landlord are made with respect thereto, (e) be completed promptly and in a good and workmanlike manner and shall in a quality equivalent to Building Standard, (f) be performed at Tenant's expense and at such times and in such manner as Landlord may designate from time to time to insure minimum disruption to other tenants in the Building, and (g) be performed in such a manner that no valid mechanic’s's, materialman’s 's, or other similar liens shall attach be attached to Lessee’s Tenant's leasehold estate, estate and in no event shall Lessee Tenant permit, or be authorized to permit, any such liens (valid or alleged) or other claims to be asserted against Lessor Landlord or Lessor’s Landlord's rights, estateestates, and interests with respect to the Premises Project or this Lease. In Landlord will have the event Lessee right, but not the obligation, to inspect periodically the work in the Premises. If any mechanic's lien is filed against the Premises or the Project or any portion thereof, Tenant shall cause same to be discharged within thirty (30) days after the lien is filed by paying or bonding over said lien. If Tenant fails to remove Lessee’s property on comply with the foregoing sentence, Landlord shall (without limitation of its other rights or before remedies) have the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor mayright, but is not obligated tothe obligation, remove to discharge said lien and store or dispose Tenant shall immediately reimburse Landlord for any sum of the signs and Lessee shall be liable to Lessor for all costs incurred money expended by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability Landlord in connection with obtaining such removaldischarge (together with an additional fifteen percent (15%) thereof to cover Landlord's administrative costs), storagewhich amount shall be deemed to be Rent hereunder for all purposes. Landlord may require (prior to commencement of construction), at Tenant's sole cost and expense, a lien and completion bond in an amount equal to the estimated cost of any improvements, additions or disposalalterations in the Premises which have been approved by Landlord.

Appears in 1 contract

Sources: Office Lease (Carreker Antinori Inc)

Alterations. Lessee shall not make any alterations or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within without the Premises, without Lessor’s prior written consent of Lessor not to be unreasonably withheld, delayed or conditioned. At the time Lessor grants its consent, Lessor shall indicate which consent such alterations, additions or improvements, if any that Lessee may be required to remove from the Premises at the expiation of the Term (as the same may be extended) of this Lease (the "Removal Alterations"), and which such alterations, additions or improvements, if any that Lessee may be required to leave at the Premises at the expiration of the Term (as the same may be extended) of this Lease (the "Forfeited Alterations"). Lessee shall not remove the Removal Alterations prior to the expiration of the Term unless notified by Lessor in writing 30 days prior to such expiration (as the same may be unreasonably withheld extended), repairing any damage to the Premises caused by such removal. Lessee shall surrender the Forfeited Alterations to Lessor at the expiration of the Term or delayed; providedearlier termination of this Lease. Except for the Removal Alterations, howeverLessee shall have no obligation to remove any alterations, additions or improvements made during the Term (as the same may be extended) of this Lease, to which Lessor has given its consent. Except for the Forfeited Alterations, Lessee shall have the right, without Lessor’s consentbut not the obligation, to construct additional or alternate facilities in remove from the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment additions and improvements made during the Term (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to as the Premises shall remain upon and same may be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination extended) of this Lease, shall remove all of Lessee’s property from provided that Lessee repair any damage to the Premises and repair all damage caused by such removal. All such removal of Lessee’s property Lessor agrees that Lessee shall be completed promptly and have the right to install a security system in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In and a concrete pad and security fencing on the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose exterior of the signs and Lessee shall be liable Building to Lessor house gas (non-fuel) tanks for all costs incurred by Lessor use in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalLessee's business subject to Landlord reasonable approval.

Appears in 1 contract

Sources: Commercial Lease Agreement (KVH Industries Inc \De\)

Alterations. Lessee Tenant shall not make or allow suffer to be made any alterations, installationsadditions, additions changes, or improvements in in, on or to the Premises, Leased Premises or place safes, vaults, or other heavy furniture or equipment within any part thereof (collectively "Alterations") without the Premises, without Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed; providedand any Alterations, howeverexcept for Tenant's movable furniture and equipment and for those items described on Exhibit "G" hereto (the "Tenant's Removables List") (including any items that Tenant may add to the Tenant's Removables List after the Commencement Date, Lessee shall have the right, without Lessor’s with Landlord's consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or notwhich consent shall not be unreasonably withheld), as deemed reasonably necessary by Lesseeshall immediately become Landlord's property and, at the end of the Lease Term, shall remain on the Leased Premises without compensation to Tenant. Lessor In the event Landlord consents to the presence making of any such Alterations, the same shall be made by Tenant, at Tenant's sole cost and expense, and in accordance with all safesapplicable laws, vaultsstatutes, heavy furniture ordinances, rules and equipment regulations, public and private, and all requirements of Landlord's and Tenant's insurance policies. If Landlord fails to respond to Tenant's written request for consent to Alterations within ten (10) days after the date of such written request (with respect to Alterations which is situated on do not involve structural changes to the Building) or in within thirty (30) days after the Premises on date of Tenant's request (with respect to Alterations which do involve structural changes to the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMsBuilding), other personal property then Landlord shall be deemed to have consented to such Alterations. Any contractor or person selected by Tenant to make the same, and movable trade fixturesall subcontractors, made must first be approved in writing by Lessee to the Premises Landlord, which approval shall remain upon and not be surrendered with the Premises and become the property of Lessor at unreasonably withheld or delayed. Upon the expiration or sooner termination of the Lease Term, Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any or all Alterations made by or for the account of Tenant (other than the initial Leasehold Improvements and any refurbishment improvements constructed in accordance with this Lease or the termination of Lessee’s right Lease), designated by Landlord to possession of the Premises. Lesseebe removed, and Tenant shall forthwith and with all due diligence, at its sole cost andand expense, on or before repair and restore the expiration or termination of this Lease, shall remove all of Lessee’s property from the Leased Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails condition in which they existed prior to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose Tenant's construction of the signs Alterations, except for normal wear and Lessee shall be liable tear and except to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with the extent such removal, storage, or disposalrestoration would constitute waste.

Appears in 1 contract

Sources: Office Lease Agreement (Visual Numerics Inc)

Alterations. Lessee 8.01 Tenant shall not make no alteration, addition or allow to be made any improvement in the Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and time, and with such materials, as approved by Landlord. All alterations, installations, additions or improvements in or to the Premises, or place safesincluding air-conditioning equipment and duct work, vaultsexcept movable office furniture and trade equipment installed at the expense of Tenant, or other heavy furniture or equipment within shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall be surrendered with the Premises, without Lessor’s at the expiration or sooner termination of the term of this Lease. Except with respect to Tenant's Initial Alteration Work (hereinafter defined), any such alterations, additions and improvements which Landlord shall designate shall be removed by Tenant and any damage repaired, at Tenant's expense, prior written to the expiration of this Lease. Landlord shall make such designation at the time that consent to such alteration, addition or improvement is given provided that Tenant attaches, as part of its request for such consent, which a separate written notice specifically referencing this provision and advising Landlord that Landlord is required to make such designation as part of any such consent shall given by Landlord hereunder. 8.02 Anything hereinabove to the contrary notwithstanding, Landlord will not be unreasonably withheld withhold or delayed; provideddelay approval of written requests of Tenant to make nonstructural interior alterations, however, Lessee shall have the right, without Lessor’s consent, additions and improvements (herein referred to construct additional or alternate facilities as "Alterations") in the Premises for housing Lessee’s ATMs Premises, provided that such Alterations do not affect utility services or plumbing and electrical lines or other systems of the Building and do not affect and are not visible from any portion of the Building outside of the Premises. All Alterations shall be performed in accordance with the following conditions: (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents i) Prior to the presence commencement of any Alterations costing more than $20,000.00 or requiring a building permit, Tenant shall first submit to Landlord for its approval detailed dimensioned coordinated plans and specifications, including layout, architectural, mechanical, electrical, plumbing and structural drawings for each proposed Alteration. Landlord shall be given, in writing, a good description of all safes, vaults, heavy furniture other Alterations. (ii) All Alterations in and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and performed in a good and workmanlike manner and in accordance with the Building's rules and regulations governing Tenant Alterations. Prior to the commencement of any such Alterations, Tenant shall, at its sole cost and expense, obtain and exhibit to Landlord any governmental permit required in connection with such Alterations. In order to compensate Landlord for its general conditions and the costs incurred by Landlord in connection with Tenant's performance of Alterations in and/or to the Premises (including, without limitation, the costs incurred by Landlord in connection with the coordination of Alterations which may affect systems or services of the Building or portions of the Building outside of the Premises), Tenant shall pay to Landlord a fee equal to five (5%) percent of the cost of such Alterations (excluding (a) the costs of decorations, paint, and wallpaper and (b) Alterations performed by or on behalf of Tenant in the Premises within the first one hundred fifty (150) days of the Term in order to prepare the Premises for Tenant's initial occupancy thereof). Such fee shall be performed paid by Tenant as Additional Rent hereunder within ten (10) days following receipt of an invoice therefor. (iii) All Alterations shall be done in such a manner that no mechanic’scompliance with all other applicable provisions of this Lease and with all applicable laws, materialman’s ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990 and New York City Local Law No. 57/87 and similar present or other similar liens shall attach to Lessee’s leasehold estatefuture laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos and other hazardous materials, which work, if required, shall be effected at Tenant's sole cost and expense, by contractors and consultants approved by Landlord and in no event strict compliance with the aforesaid rules and regulations and with Landlord's rules and regulations thereon. Notwithstanding the foregoing, Landlord shall: (a) remove, enclose, encapsulate or otherwise manage to the extent required by applicable law any deteriorated asbestos or deteriorated asbestos-containing material (collectively, "Deteriorated ACM") located within the Premises; provided, however, that notwithstanding anything contained in this Lease to the contrary, Tenant shall Lessee permitremove, enclose, encapsulate or otherwise manage such Deteriorated ACM as required by applicable law to the extent that (i) Tenant (x) disturbed such Deteriorated ACM or caused such Deteriorated ACM to become friable by the performance of any work or Alterations in or to the Premises or (y) installed the same, or be authorized (ii) such Deteriorated ACM consists of vinyl asbestos tiles; and (b) prior to permitthe Commencement Date, cure any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests violations of record with respect to the alterations and improvements existing within Premises not caused by Tenant. (iv) All work shall be performed with union labor having the proper jurisdictional qualifications. (v) Tenant shall keep the Building and the Premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the Premises. (vi) Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord certificates evidencing the existence of the following insurance: (a) Workmen's compensation insurance covering all persons employed for such work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises. (b) Broad form general liability insurance written on an occurrence basis naming Tenant as an insured and naming Landlord and its designees as additional insureds, with limits of not less than $3,000,000 combined single limit for personal injury in any one occurrence, and with limits of not less than $500,000 for property damage (the foregoing limits may be revised from time to time by Landlord to such higher limits as Landlord from time to time reasonably requires). Tenant, at its sole cost and expense, shall cause all such insurance to be maintained at all time when the work to be performed for or by Tenant is in progress. All such insurance shall be obtained from a company authorized to do business in New York and shall provide that it cannot be canceled without thirty (30) days prior written notice to Landlord. All polices, or certificates therefor, issued by the insurer and bearing notations evidencing the payment of premiums, shall be delivered to Landlord. Blanket coverage shall be acceptable, provided that coverage meeting the requirements of this Lease. paragraph is assigned to Tenant's location at the Premises. (vii) In granting its consent to any Alteration, Landlord may impose such conditions as to guarantee of completion (including, without limitation, requiring Tenant to post additional security or a bond to insure the completion of such Alterations, payment, restoration or otherwise), as Landlord may reasonably require, in the event Lessee fails that either the net worth or ratio of current assets to remove Lessee’s property on or before the expiration or termination current liabilities (exclusive of this Lease, the signs shall become the property good will) of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose Tenant as of the signs and Lessee date upon which such consent is requested is less than the net worth or ratio of current assets to current liabilities (exclusive of good will) of Tenant. (viii) All work to be performed by Tenant shall be liable to Lessor for all costs incurred by Lessor done in connection therewith. Lessee shall indemnify a manner which will not interfere with or disturb other tenants and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposaloccupants of the Building.

Appears in 1 contract

Sources: Lease Agreement (Medix Resources Inc)

Alterations. Lessee 12.1 Landlord shall not construct the Demised Premises in compliance with all governmental building regulations. 12.2 Tenant may, at its own expense, make or allow to be made any alterations, installations, additions or such alterations and improvements in or to the Demised Premises and install interior partitions as it may require, provided that the written approval of the Landlord is first obtained and that such improvements and alterations are done in a workmanlike manner in keeping with all building codes and regulations and in no way harm the structure of the Demised Premises, provided that at the expiration of the Lease or place safesany extension thereof, vaultsTenant, at its expense, restores the within Demised Premises to its original condition and repairs any damage to the Demised Premises, resulting from the installation or removal of such partitions, fixtures, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent as may have been installed by Tenant is requested to do so by Landlord. 12.3 The Landlord shall not be unreasonably withheld liable for any labor or delayed; materials furnished or to be furnished to the Tenant upon credit, and no mechanic's or other lien for any such labor or materials shall attach to or effect the reversion or other estate or interest of the Landlord in and to the Demised Premises. Whenever any mechanic's lien shall have been filed against the Demised Premises, based upon any act or interest of the Tenant or of anyone claiming through the Tenant, or if any security agreement shall have been filed for or effecting any materials, machinery, or fixtures used in the repair, construction, or operation thereof, the Tenant shall immediately take such action by bonding, deposit, or payment as will remove the lien or security agreement. 12.4 If Tenant has not removed the lien within ten (10) days after noticed to Tenant, Landlord may pay t he amount of such mechanic's lien or security agreement or discharge the same by deposit, and the amount so paid or deposited, shall be deemed additional rent reserved under this Lease, and shall be payable forthwith by Tenant to Landlord with interest at eighteen (18%) percent per annum from the date of payment by Landlord, and with the same remedies to the Landlord, if not paid, as in the case of default in the payment of Mini9mum Guaranteed Rental as herein provided, however, Lessee . 12.5 Landlord or its representatives shall have the right, without Lessor’s consent, right to construct additional go upon and inspect the Demised Premises at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility or alternate facilities such other notices which Landlord may deem to be proper for the protection of Landlord's interest in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Demised Premises. LesseeTenant shall, at its sole cost and, on or before the expiration or termination commencement of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and any work which might result in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims lien, give to be asserted against Lessor or Lessor’s rights, estate, and interests with respect Landlord written notice of Tenant's intention to do so in sufficient time to enable the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination positing of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalnotices.

Appears in 1 contract

Sources: Lease Agreement (Oleramma Inc)

Alterations. Lessee (a) Tenant shall not make or allow to be made any alterations, installationsadditions, additions or improvements in or to the PremisesPremises or any part of the Premises (collectively, or place safes, vaults, or other heavy furniture or equipment within the Premises"Alterations"), without Lessor’s Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; providedwithheld. Consent, however, Lessee shall have may be conditioned upon the rightreceipt by, without Lessor’s consentand approval of, to construct additional or alternate facilities in Landlord of a set of plans and specifications for the Premises for housing Lessee’s ATMs alterations no later than thirty (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents 30) days prior to the presence scheduled construction of all safesthe alterations as well as the use by Tenant of a contractor or contractors acceptable to Landlord. The installation of furnishings, vaultsfixtures, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additionsequipment, or decorative improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to none of which shall affect operating systems or the structure of the Premises shall remain upon not constitute "Alterations." All Alterations and be surrendered with any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises and become after the property of Lessor at the termination or earlier expiration or termination of this Lease or shall immediately become Landlord's property and, at the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the earlier expiration or termination of this Lease, shall remove all of Lessee’s property from remain on the Premises without compensation to Tenant. Tenant agrees upon notice ▇▇▇▇ Landlord to remove, at Tenant's sole cost and repair expense, any and all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’sAlterations, materialman’s or other similar liens shall attach to Lessee’s leasehold estatefurnishings, and in no event shall Lessee permitfixtures, equipment, or be authorized to permitdecorative improvements (other than floors, any such liens walls, suspended ceilings and structural walls) installed by or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect on behalf of Tenant prior to the Premises termination or earlier expiration of this Lease. In the event Lessee that Landlord requires Tenant to remove any such Alterations, furnishings, fixtures, equipment, or decorative improvements and Tenant fails to remove Lessee’s property cause such removal on or before prior to the termination or other earlier expiration or termination of this Lease, the signs such failure shall become the property be deemed a holdover under Section 13(b) of Lessor without any credit or compensation to Lesseethis Lease, and Lessor mayin addition to any other damages owing Landlord under this Section, but Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and ▇▇▇▇▇d Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. Landlord agrees, when req▇▇▇▇▇▇ ▇y Tenant, to execute and de▇▇▇▇▇ any applications, consents, or other instruments reasonably required to permit Tenant to do this work or to obtain permits for the work. (b) Before any contract or subcontract is not obligated tolet or other agreement executed for the performance of any service, remove or the furnishing of any materials, and store before any work of any kind or dispose nature is commenced upon the construction of Alterations, Tenant will procure and deliver to Landlord a completion bond and a payment bond, both in form and substance satisfactory to Landlord issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the signs and Lessee shall Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expensefully paid for, and liability that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with such removalthe construction of the Alterations. (c) At least ten (10) days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, storagewhether or not Landlord's consent is required, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord's interest in th▇ ▇▇▇▇▇▇es from any liens for work and labor performed or materials furnished in making the alterations; provided, however, that it shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or disposaloperations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11(b), Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as to allow the Premises to be protected from mechanic's liens. Tenant hereby irrevocably appoints Landlord its attorney-in-fact which appointment is coupled with an interest to cause such cessation and to file such notices. (d) Tenant will not at any time permit any mechanics', laborers', or materialmen's liens to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, contractors, or subtenants, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant; provided, however, that Tenant shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the lien or claim of lien, Tenant will immediately p▇▇ ▇▇▇ final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Tenant's sole expense. If ▇▇▇▇▇t fails to pay the judgment promptly or otherwise fails to prevent any sale, foreclosure, or forfeiture of the Premises because of a lien, Landlord shall have the right, upon five (5) days' written notice to Tenant, to pay or prevent this action, and the amount paid by Landlord shall be immediately due and payable to Landlord, and shall bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law from the date of payment by Landlord until repayment by Tenant.

Appears in 1 contract

Sources: Office Lease (Regan Holding Corp)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Premises (including but not limited to roof and wall penetrations) without the Premisesprior written consent of Landlord. Tenant may, without Lessor’s prior written consentthe consent of Landlord, which consent shall not be unreasonably withheld or delayed; providedbut as its own cost and expense and in a good workmanlike manner erect such shelves, howeverbins, Lessee shall have the rightmachinery and trade fixtures as it may deem advisable, without Lessor’s consentaltering the basic character of the building or improvements and without overloading or damaging such building or improvements, to construct additional or alternate facilities and in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not)each case complying with all applicable governmental laws, as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safesordinances, vaults, heavy furniture regulations and equipment which is situated on or in the Premises on the Commencement Dateother requirements. All alterations, installationsadditions, improvements and partitions erected by Tenant shall be 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, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property improvements and movable partitions that are not trade fixtures, made fixtures erected by Lessee to Tenant and restore the Premises shall remain upon and be surrendered with to their original condition by the Premises and become the property date of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession upon earlier vacating of the Premises. Lessee, at its sole cost andprovided, on or before the expiration or however, that if Landlord so elects prior to termination of this LeaseLease or upon earlier vacating of the Premises, shall remove all of Lessee’s property from the Premises such alterations, additions, improvements and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs partitions shall become the property of Lessor without any credit Landlord as of the date of termination of this Lease or compensation upon earlier vacating of the Premises and shall be delivered up to Lesseethe Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and Lessor may, but is not obligated to, remove and store shall be removed by the date of termination of this Lease or dispose upon earlier vacating of the signs Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and Lessee restoration shall be liable accomplished in good workmanlike manner so as not to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify damage the primary structure or structural qualities of the buildings and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalother improvements situated on the Premises.

Appears in 1 contract

Sources: Lease Agreement (Amazon Com Inc)

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements in or (a) For so long as the Property is subject to the PremisesMGM/Mandalay Lease, or place safes(i) Borrower shall provide Lender with written notice of any alterations to any Improvements proposed by MGM/Mandalay Tenant that require Borrower’s prior consent under the MGM/Mandalay Lease (including, vaultsfor the avoidance of doubt, or other heavy furniture or equipment within any proposed Landlord Approved Capital Improvements (as defined in the Premises, without LessorInitial MGM/Mandalay Lease)) and (ii) Lender’s prior written consentapproval, not to be unreasonably withheld, conditioned or delayed, shall only be required for any alterations which both (x) require Borrower’s consent under the terms and provisions of the MGM/Mandalay Lease and (y) would otherwise require Lender’s consent pursuant to Section 5.1.19(b) in the event that the Property was not subject to the MGM/Mandalay Lease. For the avoidance of doubt, Lender’s consent shall not be required in connection with any alterations set forth on Schedule 8 of the Initial MGM/Mandalay Lease in effect as of the Closing Date. (b) For so long as the Property is not subject to the MGM/Mandalay Lease, Borrower shall obtain Lender’s prior written consent to any alterations to any Improvements, which consent shall not be unreasonably withheld or delayed; provideddelayed except with respect to alterations that would be reasonably likely to have a material adverse effect on Borrower’s financial condition, howevertaken as a whole, Lessee the value of the applicable Individual Property or EBITDAR. (1) Borrower shall have the right, without Lessor’s consent, submit a request for payment to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs Lender at least five (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents 5) Business Days prior to the presence of all safesdate on which Borrower requests that such payment be made, vaultswhich request for payment shall specify the alterations for which payment is requested, heavy furniture and equipment which is situated on or in the Premises (2) on the Commencement Date. All alterationsdate such request is received by Lender and on the date such payment is to be made, installationsno Event of Default shall be continuing, additions, or improvements, other than movable furniture, movable equipment and (including, without limitation Lessee3) such request shall be accompanied by an Officer’s ATMs), other personal property and movable trade fixtures, made by Lessee to Certificate (x) stating that the Premises shall remain upon and be surrendered with applicable portion of the Premises and become the property of Lessor alterations at the expiration or termination of this Lease or applicable Individual Property to be funded by the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be requested disbursement have been completed promptly and in a good and workmanlike manner and shall be performed in accordance with all applicable Legal Requirements, such a manner that no mechanic’s, materialmanOfficer’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims Certificate to be asserted against Lessor accompanied by copies of paid invoices or Lessor’s rightscopies of invoices to be paid, estateas applicable, and interests in each case, with respect to the Premises any invoices in excess of $500,000 and any licenses, permits or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without other approvals by any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability Governmental Authority required in connection with the applicable portion of the alterations, (y) identifying each contractor that supplied materials or labor in connection with the applicable portion of the alterations to be funded by the requested disbursement and (z) stating that each such removalcontractor has been paid or will have been paid in full upon such disbursement. Each Alterations Deposit shall be held by Lender in an interest bearing account and, storageuntil disbursed in accordance with the provisions of this Section 5.1.19, shall constitute additional security for the Debt and Other Obligations under the Loan Documents. Upon the completion of the alterations in respect of which any Alteration Deposit is being held, Lender shall promptly return to Borrower any remaining portion of the Alterations Deposit upon the request of Borrower, provided that (1) on the date such request is received by Lender and on the date such disbursement is to be made, no Event of Default shall be continuing and (2) such request shall be accompanied by an Officer’s Certificate stating that the alterations have been fully completed in good and workmanlike manner and in accordance with all applicable Legal Requirements, such Officer’s Certificate to be accompanied by copies of paid invoices or disposalcopies of invoices to be paid, as applicable, in each case, with respect to any invoices in excess of $500,000 and any licenses, permits or other approvals by any Governmental Authority required in connection with alterations (to the extent not received by Lender in connection with prior disbursement requests) and stating that each contractor providing services in connection with the alterations has been paid in full or will have been paid in full upon such disbursement. At any time that Lender’s approval is required under this Section 5.1.19, provided no Event of Default is continuing, Lender’s approval shall be deemed granted if the Deemed Approval Requirements have been satisfied with respect thereto.

Appears in 1 contract

Sources: Loan Agreement (MGM Growth Properties Operating Partnership LP)

Alterations. Lessee Tenant shall not make or allow suffer to be made any alterations, installationsadditions or improvements to or of the Premises or any part thereof without the written consent of Landlord first had and obtained. Any alterations, additions, or improvements to or of said premises, including without limitation any partitions, immovable or otherwise, and all carpeting, shall at once become a part of the realty and belong to Landlord. Movable furniture, equipment and trade fixtures shall remain the property of Tenant. If Landlord consents to the making of any alterations, additions or improvements in or to the Premisespremises by Tenant, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent same shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee Tenant at Tenant's sole cost and expense and any contractor or person selected by Tenant to make the Premises shall remain upon and same must first be surrendered with the Premises and become the property approved of Lessor at in writing by Landlord. Upon the expiration or sooner termination of this Lease the term Tenant, upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence shall remove any alterations, additions or the termination of Lessee’s right improvements made by Tenant designated by Landlord to possession of the Premises. Lesseebe removed, and Tenant, forthwith and with all due diligence, at its sole cost and, on or before the expiration or termination of this Leaseand expense, shall remove all of Lessee’s property from repair any damage to the Premises and repair all damage premises caused by such removal. All Tenant's obligation to remove any alterations, additions, improvements, fixtures and/or personal property and to repair any damage from such removal shall survive the termination of Lessee’s property this Lease. Prior to or while approving any alterations, Landlord shall notify Tenant in writing whether such alterations will have to be removed at the termination of this Lease. Construction of the alterations, additions, or improvements shall be completed promptly in accordance with drawings and specifications approved in advance in writing by Landlord, shall be carried out in a good and workmanlike manner manner, and shall be performed in comply with all applicable requirements of governmental authorities and such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposaladditional conditions as Landlord may reasonably impose.

Appears in 1 contract

Sources: Lease Agreement (Looksmart LTD)

Alterations. Lessee shall not make or allow to be made any No alterations, installations, additions or improvements in or (excluding cosmetic work, as set forth herein) shall be made to the PremisesPremises or any part thereof by or on behalf of Tenant without first submitting a detailed description thereof to Landlord and obtaining Landlord’s written approval. In the event Landlord fails to respond to any request for consent to an alteration within ten (10) business days, or place safes, vaults, or other heavy furniture or equipment within Landlord shall be deemed to have denied such requested alteration. Cosmetic work (such as painting and carpeting) is permitted without Landlord’s consent provided the Premises, without Lessor’s prior written consent, which consent same shall not be unreasonably withheld exceed $50,000.00 in the aggregate in any twelve (12) month period. For any alterations, additions or delayed; providedimprovements affecting structural portions of the Building or any Building systems, howeverLandlord, Lessee at Landlord’s option, shall have the right, without Lessorright to provide construction management for and on behalf of Tenant at Tenant’s consent, to construct additional or alternate facilities in sole expense constituting five percent (5%) of the Premises for housing Lesseealteration’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Datetotal cost. All alterations, installations, additions, additions or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, improvements made by Lessee Tenant and all fixtures attached to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without Landlord and remain at the Premises or, at Landlord’s option, after written notice to Tenant, any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose all of the signs and Lessee foregoing which may be designated by Landlord shall be liable 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 Lessor the Premises caused by the installation or removal; provided that Tenant may submit a written request to Landlord at the time of seeking Landlord’s approval for any alteration, addition or improvement requesting a determination by Landlord as to whether such alteration, addition or improvement will need to be removed at the expiration or sooner termination of the Lease in which event Landlord’s determination shall be shall be binding. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all costs incurred Direct Tenant Work (defined at Article 8(b) hereof) and shall repair all damage to the Premises caused by Lessor the installation or removal of such Direct Tenant Work. Except as set forth in connection therewith. Lessee Article 16(b)(viii), Tenant shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storagenot erect or place, or disposalcause or allow to be erected or placed, any sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or upon the Premises and/or the building of which the Premises are a part, without the prior written consent of Landlord, not to be unreasonably withheld; provided however, Tenant may place such items within the Premises so long as not visible from the exterior of the Premises. Tenant shall not place weights anywhere beyond the safe carrying capacity of the structure.

Appears in 1 contract

Sources: Lease Agreement (Trevena Inc)

Alterations. Lessee Tenant shall not make or allow to be made any no material alterations, installationsadditions, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Demised Premises without the Premises, without Lessor’s prior written consentconsent of the Landlord, which consent shall not be unreasonably withheld withheld. Tenant shall not be required to obtain Landlord's consent to make any alterations, additions or delayedimprovement to the Demised Premises that are required by regulatory agencies in connection with Tenant's manufacture of biological and pharmaceutical care products, but Tenant shall give Landlord sufficient prior notice of such alterations, additions, or improvements to permit Landlord to make any regulatory notifications as may be required by law. All alterations, additions or improvements made with Landlord's written consent shall comply with all applicable governmental laws, ordinances, regulations, and other requirements. Tenant shall keep the Demised Premises free and clear of any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by or through Tenant. Any personal property, equipment, inventory, trade fixtures, appliances, and any other property customarily used by and paid for by Tenant in its business operations conducted on the Demised Premises, shall remain the property of Tenant, and may be installed or removed by Tenant at any time during the term of this Lease; provided, however, Lessee shall have the rightthat Tenant, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination time of this Lease or the termination of Lessee’s right to possession of the Premises. Lesseesuch removal, shall repair, at its sole cost andexpense, on or before any damage to the Demised Premises caused by such removal. Upon the expiration or termination of this Lease, Tenant shall remove all of Lessee’s the aforesaid property from and shall repair, at its expense, any damage to the Demised Premises and repair all damage caused occasioned by such removal. All Any other improvements of a permanent nature made to the Demised Premises, such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’sas lighting, materialman’s or other similar liens shall attach to Lessee’s leasehold estatepartitioning, and in no event alterations to the facilities or systems, which at any time form a part of the Demised Premises, shall Lessee permitbecome a part thereof, and be surrendered therewith by Tenant upon the termination or be authorized expiration of this Lease, unless the Landlord shall require Tenant to permit, remove any such liens or other claims improvements and/or alterations by giving Tenant ten (10) days written notice thereof prior to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination date of this LeaseLease in which event, the signs shall become the property of Lessor without any credit or compensation to LesseeTenant, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, at its expense, and liability in connection with such removal, storage, or disposal.shall promptly

Appears in 1 contract

Sources: Lease (Heska Corp)

Alterations. (a) Lessee shall will not make or allow to be made permit any alterations, installationsdecorations, additions or improvements, structural or otherwise, in or to the Demised Premises or the Building, without the prior written consent of Lessor, which consent may be conditioned, inter alia, upon Lessee's agreement to remove the same and restore the Demised Premises to its condition prior to the making of such alterations, at Lessee's sole cost and expense, upon the expiration or sooner termination of this Lease. (b) If any mechanic's lien is filed against the Demised Premises, or the real property of which the Demised Premises are a part, for work claimed to have been done for, or materials claimed to have been furnished to, Lessee, such mechanic's lien shall be discharged by Lessee within ten (10) days thereafter, at Lessee's sole cost and expense, by the payment thereof or by filing any bond required by law. Lessee shall promptly inform Lessor upon receipt, by Lessee, of any notice of the filing of any such mechanics lien(s). If Lessee shall fail to discharge any such mechanic's lien, Lessor may, at its option and without inquiring into the validity thereof discharge the same and treat the cost thereof as additional Rent payable with the monthly installment of Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Lessor shall not be deemed to waive, or release, the default of Lessee in not discharging the same. Lessee hereby covenants and agrees to defend, indemnify and hold Lessor, the Demised Premises and the property upon which the Demised Premises is constructed, harmless from and against any and all claims, damages, cost, expense, liability, liens and other detriment which they may suffer or which may arise by reason of the making of any such alterations, decorations, additions or improvements. If any such alteration, decoration, addition or improvement is made without the prior written consent of Lessor, Lessor may correct or remove the same, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. All alterations, decorations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Demised Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to either party shall immediately become the Premises property of Lessor and shall remain upon and be surrendered with the Demised Premises and become as a part thereof at the end of the Lease Term without disturbance, molestation or injury; provided, however, that Lessee shall have the right to remove, prior to the expiration or termination of the Lease Term, movable furniture, furnishings or equipment installed in the Demised Premises at the expense of Lessee, so long as at all times the fair market value of the personal property of Lessor at Lessee remaining upon the Demised Premises shall equal not less than one hundred fifty percent (150%) of the value of the remaining rental obligations of Lessee hereunder, and if such property of Lessee is not removed by Lessee prior to the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs same shall become the property of Lessor without and shall be surrendered with the Demised Premises as a part thereof. In the event of a termination or expiration of this Lease, Lessor agrees to permit customers who have co-located equipment in the Demised Premises to recover the same, provided that (i) Lessee shall authorize Lessor in writing to deliver such equipment to the owners thereof (which writing shall specify the equipment to be returned and the owner(s) to whom each piece of equipment shall be delivered), (ii) each customer who seeks to recover their co-located equipment shall retrieve the same not more than twenty (20) days after this Lease shall be terminated or shall expire (whether or not notice of such termination or expiration shall be delivered by Lessor to any credit or compensation such customer, Lessee hereby assuming all responsibility for such notification to Lesseeits customers), and Lessor may(iii) Lessee and each such customer shall defend, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from and against any and all lossclaims, damagecosts, costdamages, expenseexpenses, and liability fees, liabilities, losses or suits arising from or out of, or in connection with with, such removalrecovery (including, storagebut not limited to, any damage occasioned to the Demised Premises or the Building arising from or out of, or disposal.in connection with, the installation, operation or removal of their respective equipment). Should the Lessor elect that alterations, decorations, additions or improvements upon the Demised Premises be removed, upon termination of this Lease or upon termination of any renewal period hereof, Lessee hereby agrees to cause same to be removed at Lessee's sole cost and expense and should Lessee fail to remove the same, then and in such event, the Lessor shall cause same to be removed at the

Appears in 1 contract

Sources: Deed of Lease (Abovenet Communications Inc)

Alterations. Lessee (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make or allow to be made any alterations, installations, additions changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises, Premises or place safes, vaults, or other heavy furniture or equipment within any part thereof without the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayedof the Landlord; provided, however, Lessee that Landlord shall have not unreasonably withhold, condition or delay its consent to any of the rightsame which do not affect the structural, without Lessor’s consentmechanical, to construct additional electrical, hydraulic, plumbing, heating, ventilating or alternate facilities air conditioning systems serving either the Building or the Premises. All Alterations in the Premises for housing Lessee’s ATMs (whether now located installed with or without Landlord's consent), shall at the election of Landlord remain in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination 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 Lessee’s right to possession of the PremisesTerm. Lessee, at its sole cost and, on or before Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall remove all of Lessee’s property from cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and repair all damage caused by such removal. All 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 Lessee’s property 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 completed promptly 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 a good statutory amounts, builder's risk insurance and workmanlike manner 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 a manner that no mechanic’s, materialman’s or other similar liens lien within ten (10) days after receiving notice of its existence. (d) relating to any work ordered by Tenant shall attach to Lessee’s Tenant's leasehold estate, estate in the Premises and shall not encumber Landlord's interest in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalBuilding.

Appears in 1 contract

Sources: Lease (MPW Industrial Services Group Inc)

Alterations. Lessee (a) Tenant shall not make or allow to be made any alterations, installations, improvements or additions or improvements in or to the Premises, Premises or place safes, vaults, or other heavy furniture attach any fixtures or equipment within the Premisesthereto, without Lessor’s the Landlord's prior written approval, not to be unreasonably withheld. All alterations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord's consent. (b) All alterations, which consent improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not be unreasonably withheld remove any of such alterations, improvements or delayedadditions; provided, however, Lessee shall have the right, without Lessor’s consent, that Landlord may designate by written notice to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor Tenant at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, time Tenant requests consent those alterations and additions which shall be removed by Tenant at its sole cost and, on or before the expiration or termination of this Lease, and Tenant shall properly remove all of Lessee’s property from the same and repair any damage to the Premises and repair all damage caused by such removal. All Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or for Tenant may be removed by Tenant at any time. (c) In performing such alterations, improvements or additions, or in the removal of Lessee’s property thereof, Tenant shall be completed promptly use due care to cause as little damage or injury as possible to the Premises and in a good and workmanlike manner the Building and shall be performed in such a manner repair all damage or injury that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect may occur to the Premises or this Leasethe Building as a result thereof. (d) ▇▇▇▇▇▇ agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the ​ ​ Development service employees of Landlord. In the event Lessee fails Any contractors employed by Tenant shall be subject to remove Lessee’s Landlord's prior written approval, not to be unreasonably withheld. All such contractors shall be required to carry worker's compensation insurance, public liability insurance and property on or before the expiration or termination of this Leasedamage insurance in amounts, the signs shall become the property of Lessor without any credit or compensation to Lesseeform and content, and Lessor maywith companies reasonably satisfactory to Landlord. (e) Prior to the commencement by Tenant of any work as set forth in this Article, but is not obligated toTenant shall obtain, remove at ▇▇▇▇▇▇'s sole cost and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, all necessary permits, authorizations and liability in connection with such removal, storage, or disposallicenses required by the various governmental authorities having jurisdiction over the Premises.

Appears in 1 contract

Sources: Lab Lease Agreement (Cognition Therapeutics Inc)

Alterations. Lessee Subsequent to the completion of any Landlord Tenant Improvement Work pursuant to Section 2, Tenant shall not make attach any fixtures, equipment or allow to be made any alterations, installations, additions or improvements in or other items to the Premises, or place safespaint or make any other additions, vaultschanges, alterations, repairs or other heavy furniture or equipment within improvements (collectively hereinafter “alterations”) to the Premises, Building or Property without LessorLandlord’s prior written consent, which consent shall with respect to alterations to the Premises will not be unreasonably withheld or delayed; providedso long as Tenant is not then, howevernor has been, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs default of this Lease (whether now located in the Premises or notbeyond any applicable cure period), as deemed reasonably necessary by Lessee. Lessor If Landlord consents to the presence any alteration, Landlord may post notices of all safes, vaults, heavy furniture and equipment which is situated on or nonresponsibility in the Premises on the Commencement Dateaccordance with law. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, Any alterations so made by Lessee to the Premises shall remain upon on and be surrendered with the Premises and become the property of Lessor at the upon expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or earlier termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner except that no mechanic’sLandlord may, materialman’s within thirty (30) days before or other similar liens shall attach thirty (30) days after expiration or earlier termination hereof elect to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails require Tenant to remove Lesseeany or all alterations at Tenant’s property on sole costs and expense. At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval (including any and all plans for initial improvements pursuant to Exhibit B), Tenant may request in writing that Landlord to identify which alterations Landlord may require Tenant to remove at the termination of or before the expiration or termination of this Lease, the signs and Landlord shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose make such identification simultaneous with its approval (if any) of the signs alterations, and, in such event Tenant shall not be required to remove any alterations not so identified. If Landlord elects to require removal of alterations, then at its own and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify sole cost and hold Lessor harmless from all loss, damage, cost, expense, and liability Tenant shall restore the Premises to the condition designated by either Landlord in connection with such removaltheir election, storagebefore the last day of the term or within thirty (30) days after notice of its election is given, or disposalwhichever is later.

Appears in 1 contract

Sources: Office Lease (Visualant Inc)

Alterations. Lessee (a) The original improvement of the Premises shall be in accordance with Tenant's plans and specifications approved by Landlord. Tenant shall not make or allow permit anyone to be made make any interior alterations, installationsdecorations, additions or improvements in to the Premises without the prior written consent of Landlord, which consent Landlord may not unreasonably withhold. In no event shall any structural or exterior repair change or modification to the Building, the Premises, or place safesthe heating, vaults, electrical or other heavy furniture plumbing services be made by Tenant or equipment within the Premises, employees or agents of Tenant without Lessor’s Landlord's prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Any approved repairs, alterations, decorations, additions or improvements shall not be unreasonably withheld or delayed; providedmade by licensed contractors and mechanics approved by Landlord, however, Lessee shall have in accordance with the right, without Lessor’s consent, applicable laws and ordinances of any public authority having jurisdiction over the Building and with the building code and zoning regulations of any such authority and with any rules and regulations established from time to construct additional or alternate facilities in time by the Premises for housing Lessee’s ATMs Underwriters Association of the local area. (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. b) All alterations, installations, additions, or improvements, other than movable furnitureadditions or fixtures whether installed after the execution of this Lease, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises at the termination of this Lease and upon such termination shall become the property of Lessor at Landlord, unless Landlord shall, no later than ten (10) days after the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall have given written notice to Tenant to remove all of Lessee’s property from the same, in which event Tenant will remove such alterations, improvements and additions and restore the Premises -- in the same good order and repair condition in which they were prior to the installation of such alterations, improvements, additions or fixtures. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the reasonable cost and expense thereof from Tenant as additional rent. (c) In making any approved alterations, additions or improvements, Tenant shall promptly pay all damage caused by such removal. All such removal contractors, materialmen and laborers, so as to minimize the possibility of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach lien attaching to Lessee’s leasehold estate, and in no event shall Lessee permitthe Building, or attaching to any portion of the real property on which said Building is located. Should any such lien be authorized to permitmade or suit be filed therefor, Tenant shall bond against or discharge the same within ten (10) days after the said filing of suit. (d) Tenant will defend, indemnify and hold Landlord harmless from and against, any such liens and all expenses, liens, claims or other claims damages, including attorneys' fees, to be asserted against Lessor person or Lessor’s rightsproperty which may or might arise, estatedirectly or indirectly, and interests with respect to by reason of the Premises making of any repairs, alterations, decorations, additions or this Lease. In improvements by Tenant, including without limitation, the event Lessee fails to remove Lessee’s property on installation or before the expiration operation of equipment or termination machinery requiring Landlord's consent under subparagraph (d) of this LeaseSection 9. If any repair, alteration, decoration, addition, installation or improvement is effected without the signs shall become prior written consent of Landlord, Landlord may remove or correct the property of Lessor without any credit or compensation to Lessee, same and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee Tenant shall be liable for any and all reasonable expenses of this work. All rights given to Lessor for all costs incurred by Lessor Landlord herein shall be in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability addition to any other right or remedy of Landlord contained in connection with such removal, storage, or disposalthis Lease.

Appears in 1 contract

Sources: Lease (Best Software Inc)

Alterations. Lessee 8.1 Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Demised Premises without the Premises, without Lessor’s prior written consentconsent of Landlord, except for the installation of unattached, movable trade fixtures which consent shall not may be unreasonably withheld installed without drilling, cutting or delayed; provided, however, Lessee shall have otherwise defacing the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DateDemised Premises. All alterations, installations, additions, or improvements, improvements and fixtures (other than movable furnitureunattached, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, ) which may be made or installed by Lessee to either party upon the Demised Premises shall remain upon and be surrendered with the Demised Premises and become the property of Lessor Landlord at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, unless Landlord requests their removal in which event Tenant shall remove all the same and restore the Demised Premises to its original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may have been laid upon the floor of Lessee’s the Demised Premises is a permanent fixture and shall become the property from of Landlord without credit or compensation to Tenant. 8.2 All construction work done by Tenant within the Demised Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and performed in a good and workmanlike manner, in compliance with all government requirements, and the requirements of any contract or deed of trust to which the Landlord may be a part and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Shopping Center. ▇▇▇▇▇▇ agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work. 8.3 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 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 such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, accordance with the plans and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred specifications therefor approved by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalLandlord.

Appears in 1 contract

Sources: Commercial Lease

Alterations. Lessee After initially opening the Premises for business, Tenant shall not make or allow cause to be made to the Premises or the Tenant Utility Facilities any alterationsaddition, installationsrenovation, additions alteration, reconstruction or improvements change (collectively, “Alterations”) (i) costing in excess of Ten Thousand Dollars ($10,000.00), (ii) affecting the exterior storefront, fire sprinkler systems, exterior walls, floor slab, or to roof of the Premises, (iii) requiring or resulting in any penetration of the roof, demising walls or floor slab of the Premises, or place safes, vaults, (iv) involving structural changes or other heavy furniture or equipment within the Premisesadditions, without Lessor’s prior first obtaining the written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned, or delayed; provided, however, Lessee . Tenant shall provide Landlord with not less than ten (10) days prior written notice of the commencement of any Alterations in the Premises and Landlord shall have the right, without Lessor’s consent, right to construct additional or alternate facilities in enter upon the Premises for housing Lessee’s ATMs (whether now located in the Premises or not)to post customary notices of non- responsibility with respect thereto. Subject to Section 20.6, as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee improvements to the Premises by Tenant including, but not limited to, light fixtures, floor coverings and partitions and other items comprising Tenant’s Work pursuant to Exhibit C, but excluding trade fixtures and signs, shall remain upon and be surrendered with the Premises and become deemed to be the property of Lessor at Landlord upon installation thereof. Within thirty (30) days after the expiration completion of any Alterations, Tenant shall deliver to Landlord a set of “as built” plans depicting the Alterations as actually constructed or termination installed. If Tenant shall make any permitted Alterations, Tenant shall carry “Special Form Causes of this Lease Loss” or “Builder’s All Risk” insurance in an amount reasonably determined by Landlord covering the termination construction of Lessee’s right to possession of the Premisessuch Alterations and such other insurance as Landlord may reasonably require. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect Any Alterations to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on Tenant Utility Systems which are required by reason of any present or before future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the expiration Premises or termination the Project or of this Lease, any insurance company insuring the signs shall become the property of Lessor without any credit or compensation to LesseePremises, and Lessor mayregardless of whether or not such Alteration pertains to the nature, but is not obligated to, remove and store construction or dispose structure of the signs and Lessee Premises or to the use made thereof by Tenant, shall be liable to Lessor for all costs incurred at the sole cost of Tenant regardless of whether the work is performed by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, Landlord or disposalTenant.

Appears in 1 contract

Sources: Lease Agreement (Yoshiharu Global Co.)

Alterations. Lessee Subject to Tenant's rights to make Improvements as set forth in Article XXXVI, Tenant shall not at any time during the Term of this Lease make any openings in the roof or allow to be made exterior walls of the Building or make any alterationsTenant alteration, installations, additions addition or improvements in or improvement to the PremisesPremises or any portion thereof (collectively, or place safes"Alterations") without in each instance, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayedof Landlord; provided, however, Lessee upon notice to, but without the consent of Landlord, Tenant shall have the rightright to make any Alterations where same are non-structural, without Lessor’s consentdo not require openings on the roof or exterior walls of the Improvements, to construct additional or alternate facilities do not affect any Building system, and do not exceed TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) in the Premises aggregate in any twelve (12)-month period. Tenant may submit a plan for housing Lessee’s ATMs proposed Alterations over an extended period (whether now located "Alteration Plan") to Landlord for Landlord's approval. Tenant shall not be required to seek Landlord's consent for any subsequent Alterations made in accordance with the Premises or not)Alteration Plan, as the same has been approved by Landlord. Landlord shall have a period of ten (10) business days from receipt of the Alteration Plan, which shall be accompanied by cost estimates and other information set forth below, in which to notify Tenant of Landlord's approval or disapproval of the Alteration Plan or any portion thereof. In the event Landlord fails to notify Tenant of Landlord's disapproval of the Alteration Plan or any portion thereof within said ten (10) business day period, the Alteration Plan as submitted to Landlord shall be deemed reasonably necessary approved; provided, however, all such Alterations so deemed approved shall be removed by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor Tenant at the expiration or termination of this Lease Lease. No Alteration to the Premises for which Landlord's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or the termination of Lessee’s right certificates from an insurance company acceptable to possession of the Premises. LesseeLandlord, at its sole cost andevidencing workmen's compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or before off the expiration Premises, arising out of and during the making of such alterations, additions or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused improvements. Any Alteration by such removal. All such removal of Lessee’s property Tenant hereunder shall be completed promptly and done in a good and workmanlike manner and in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall be performed in such furnish Landlord with a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.copy of

Appears in 1 contract

Sources: Industrial Building Lease (Nanophase Technologies Corporation)

Alterations. Lessee Tenant shall not make or allow suffer to be made any alterations, installationsadditions, additions or improvements in in, on, or to the Premises, Premises or place safes, vaults, or other heavy furniture or equipment within any part thereof without the Premises, without Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed; provideddelayed unless such alteration, howeveraddition or improvements affects the structural components of the Building or the roof of the Building, Lessee or are visible from the exterior of the Premises, and no such alterations, additions or improvements shall have be made without the right, without Lessor’s consent, to construct additional supervision of Landlord's designated agent or alternate facilities in representative. In the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor event Landlord consents to the presence making of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All any such alterations, installations, additions, or improvementsimprovements by Tenant, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, the same shall be made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. LesseeTenant, at its Tenant's sole cost andand expense, on or before the expiration or termination in accordance with all applicable laws, ordinances, and regulations and all requirements of this Lease, shall remove all of Lessee’s property from the Premises Landlord's and repair all damage caused by such removalTenant's insurance policies. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and work shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estateaccordance with plans and specifications approved by Landlord, and each contractor and subcontractor must first be approved in no event writing by Landlord (which approval shall Lessee permitnot be unreasonably withheld or delayed), or if such work affects the structural components or the roof of the Building or are visible from the exterior of the Premises, at Landlord's option, the alteration, addition or improvement shall be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estatemade by Landlord for Tenant's account, and interests Tenant shall reimburse Landlord for the cost thereof upon demand. Tenant agrees that, except, for the initial tenant improvements constructed in the Premises, Landlord shall have the right to charge a fee for any and all construction supervision provided by Landlord's designated agents or representatives in connection with respect any alterations, additions, or improvements to the Premises by Tenant. Such fee, at Landlord's option, shall be either a fixed fee or this Leasea fee calculated on an hourly basis, considering the time expended by Landlord's agents or representatives in supervising Tenant's construction. In Notwithstanding the event Lessee fails to remove Lessee’s property on or before foregoing, Tenant may repaint and recarpet the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to LesseePremises, and Lessor mayperform other similar decorating alterations without the prior approval of Landlord, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalafter giving Landlord at least five (5) days prior notice.

Appears in 1 contract

Sources: Office Lease Agreement (Eltrax Systems Inc)

Alterations. Lessee (a) Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the PremisesPremises (including, or place safesbut not limited to, vaults, or other heavy furniture or equipment within roof and wall penetrations) without the Premises, without Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the rightwithheld. Tenant may, without Lessor’s consentthe 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 or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to construct additional the Premises which will contravene Landlord's policies insuring against loss or alternate facilities damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from 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 housing Lessee’s ATMs permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of b) Any and all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property partitions and movable trade fixtures, made fixtures erected by Lessee to the Premises Tenant shall remain upon and be surrendered with the Premises and become the property of Lessor Landlord and shall remain at the expiration Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All provided such removal of Lessee’s property shall may be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect accomplished without damage to the Premises or this Leaseto the primary structure or structural qualities of the Building and other improvements situated on the Premises. In Tenant shall repair any damage to the event Lessee fails Premises, or to remove Lessee’s the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property on or before the expiration trade fixtures by Tenant, its employees, agents, invitees, or termination contractors. Should Tenant fail to conduct any such repair within ten days of this Leasewritten notice from Landlord, the signs shall become the property of Lessor without any credit or compensation to LesseeLandlord may, at its option, perform same, and Lessor may, but is not obligated to, remove Tenant shall remit payment to Landlord for the actual cost and store or dispose of the signs and Lessee shall be liable to Lessor for all costs expense incurred by Lessor Landlord in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with effecting such removal, storage, or disposalrepair immediately upon demand.

Appears in 1 contract

Sources: Sublease Agreement (Sciquest Com Inc)

Alterations. Lessee Subtenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within Subleased Premises without the Premises, without Lessor’s prior written consentconsent of (i) Master Landlord, which consent may be granted or withheld as set forth in the Master Lease, and (ii) Sublandlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provideddelayed if Master Landlord provides its consent. Notwithstanding the foregoing, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents Subtenant may make Notice Only Alterations to the presence Subleased Premises [***] in accordance with Section 12(a) of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on Master Lease without the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee consent of Sublandlord; provided that Sublandlord may require Subtenant to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor remove such Notice Only Alterations at the expiration or early termination of this the Sublease Term and restore the Subleased Premises to the condition existing before such Notice Only Alterations by delivery of written notice to Subtenant given within ten (10) business days after receipt of such notice. The foregoing notwithstanding, as to any other alterations, additions or improvements desired to be undertaken by Subtenant, (A) Subtenant shall provide all documentation and information required under the Master Lease with respect to such proposed alterations, additions or improvements and Sublandlord shall promptly submit such documentation and information to Master Landlord for its consent (if applicable) to such alterations, additions or improvements, and (B) upon receipt of all such documentation and information in compliance with the termination Master Lease, Sublandlord shall respond to Subtenant’s requests for Sublandlord’s consent to such alterations, additions or improvements (if required) within fifteen (15) business days of Lesseereceipt of such documentation and information. Sublandlord may require any Alterations (other than Sublandlord’s right to possession of the Premises. Lessee, Work) be removed and restored at its sole cost and, on or before the expiration or early termination of this the Sublease Term by delivery of written notice to Subtenant given at the time Sublandlord approves such Alteration (or, with respect to Notice Only Alterations, within ten (10) business days after Sublandlord’s receipt of notice therefor) In addition, and notwithstanding anything to the contrary set forth in the Master Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or Subtenant be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails required to remove Lesseeor restore Sublandlord’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose Work upon surrender of the signs and Lessee Subleased Premises nor shall Subtenant be liable required to Lessor for all costs incurred remove any alterations or improvements other than those made by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalSubtenant.

Appears in 1 contract

Sources: Sublease Agreement (CARGO Therapeutics, Inc.)

Alterations. Lessee (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make or allow to be made any alterations, installations, additions changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises, Premises or place safes, vaults, or other heavy furniture or equipment within any part thereof without the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayedof Landlord; provided, however, Lessee that Landlord shall have not unreasonably withhold, condition or delay its consent to any of the rightsame which do not affect the structural, without Lessor’s consentmechanical, to construct additional electrical, hydraulic, plumbing, heating, ventilating or alternate facilities air conditioning systems serving either the Building or the Premises. All Alterations in the Premises for housing Lessee’s ATMs (whether now located installed with or without Landlord's consent), shall at the election of Landlord remain in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination 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 Lessee’s right to possession of the PremisesTerm. Lessee, at its sole cost and, on or before Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall remove all of Lessee’s property from cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and repair all damage caused by such removal. All 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 Lessee’s property 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 completed promptly 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 a good statutory amounts, builder's risk insurance and workmanlike manner 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 a manner lien within ten (10) days after receiving notice of its existence. (d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and shall not permit or suffer any lien to attach to the Premises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in writing that no mechanic’s, materialman’s or other similar any liens relating to any work ordered by Tenant shall attach to Lessee’s Tenant's leasehold estate, estate in the Premises and shall not encumber Landlord's interest in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalBuilding.

Appears in 1 contract

Sources: Lease Agreement (MPW Industrial Services Group Inc)

Alterations. Lessee shall not make or allow to be made any Any alterations, installations, additions or improvements permitted herein except as otherwise provided in Section1 and the Workletter shall be made at the expense of the Lessee. The Lessee agrees that it will make no alterations, additions or improvements to the Premises, or place safes, vaults, or other heavy furniture or equipment within Leased Premises without the Premises, without written consent of the Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, cabinetry or other than fixtures made or attached to the Building or the Leased Premises by and for the Lessee, including but not limited to, any and all subdividing partitions, walls or railings of whatever type, material or height (but excepting movable furniture, movable office furniture and equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made modular cabinetry paid for by Lessee and not permanently attached to the Premises Building, which may be removed by the Lessee at the end of the term of this Lease, if such termination is not the result of Lessee default hereunder) shall be the property of the Lessor and shall remain upon and be surrendered with the Leased Premises and become the property of Lessor as a part thereof at the expiration or earlier termination of this Lease. The Lessor, however, reserves the right to require the Lessee to remove any paneling, decorations, partitions, walls or railings, floor coverings, booths, or fixtures installed by or at the request of the Lessee, by giving notice of such election to the Lessee at any time prior to, or not later than ten (10) days after the expiration or earlier termination of the Lease; in which event the Lessee, at the Lessee’s sole cost and expense, shall remove the property so specified on or before the date of expiration or earlier termination of this Lease or a date five (5) days after the termination receiving of Lessee’s right such notice, whichever shall be the later, and shall promptly restore the Leased Premises to possession of their original condition, reasonable wear and tear excepted; if Lessee fails to perform the Premises. Lesseenecessary restorations within ten days after removing the property, at its sole cost and, on or before the expiration or termination of if Lessee is in default under this Lease, shall remove all Lessor may undertake the restoration of Lessee’s property from the Leased Premises and repair all damage caused by such removal. All such to their original condition after the removal of Lessee’s property shall be completed promptly and the specified property, in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the which event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to promptly reimburse Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with the cost of such removal, storage, or disposalrestoration.

Appears in 1 contract

Sources: Lease (BNC Bancorp)

Alterations. Lessee 8.01 Tenant shall not make no alteration, addition or allow to be made any alterations, installations, additions or improvements improvement in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s the prior written consent, consent of Landlord which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided, howeverand then only by contractors or mechanics and in such manner and time, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not)and with such materials, as deemed reasonably necessary approved by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement DateLandlord. All alterations, installationsadditions or improvements to the Premises, additionsincluding air-conditioning equipment and duct work, except movable office furniture (including movable partitions) and trade equipment installed at the expense of Tenant, shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall be surrendered with the Premises, at the expiration or improvementssooner termination of the term of this Lease. Any such alterations, additions and improvements which Landlord shall designate at the time Landlord grants its consent to the installation of same shall be removed by Tenant and any damage repaired, at Tenant's expense, prior to the expiration of this Lease. Notwithstanding anything contained herein to the contrary, Tenant shall not be required to obtain Landlord’s prior written consent or approval for any nonstructural, purely decorative, interior improvements to the Premises (including painting, carpeting or the installation of wall coverings) provided, however that said improvements do not consist of changes or modifications to any Building plumbing, electrical, air conditioning or other than movable furnitureBuilding wide systems. 8.02 Anything hereinabove to the contrary notwithstanding, movable equipment Landlord will not unreasonably withhold or delay approval of written requests of Tenant to make nonstructural interior alterations (including, without limitation Lessee’s ATMswhich are not purely decorative as described in Article 8.01 above), additions and improvements (herein referred to as "Alterations") in the Premises, provided that such Alterations do not affect utility services or plumbing and electrical lines or other personal property systems of the Building and movable trade fixturesdo not affect and are not visible from any portion of the Building outside of the Premises. All Alterations shall be performed in accordance with the following conditions: (i) Prior to the commencement of any Alterations costing more than $15,000.00, made by Lessee Tenant shall first submit to Landlord for its approval detailed dimensioned coordinated plans and specifications, including layout, architectural, mechanical, electrical, plumbing and structural drawings for each proposed Alteration. Landlord shall be given, in writing, a good description of all other Alterations. (ii) All Alterations in and to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and performed in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialmanaccordance with the Building’s or other similar liens shall attach rules and regulations governing Tenant Alterations. Prior to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, the commencement of any such liens or other claims to be asserted against Lessor or Lessor’s rightsAlterations, estateTenant shall, at its sole cost and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, obtain and liability exhibit to Landlord any governmental permit required in connection with such removalAlterations. In order to compensate Landlord for its general conditions and the costs incurred by Landlord in connection with Tenant’s performance of Alterations in and/or to the Premises (including, without limitation, the costs actually incurred by Landlord and paid to independent third parties in connection with the coordination of Alterations which may affect systems or services of the Building or portions of the Building outside of the Premises), Tenant shall pay to Landlord a fee equal to five (5%) percent of the cost of such Alterations, however, notwithstanding anything contained herein to the contrary, the aforementioned fee shall not exceed the sum of $1,500.00 for any such single plan for Alterations. Such fee shall be paid by Tenant as Additional Rent hereunder within ten (10) days following receipt of an invoice therefor. (iii) All Alterations shall be done in compliance with all other applicable provisions of this Lease and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990 and New York City Local Law No. 57/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos and other hazardous materials, which work, if required, shall be effected at Tenant's sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord's rules and regulations thereon. Any changes required by Tenant’s p[articular manner of use of the Premises (as opposed to general office use) shall be paid for by Tenant. (iv) All work shall be performed by duly licensed and insured professionals whose presence at the Premises or disposalthe Building will not result in any labor unrest, dispute, slowdown, strike or disharmony whatsoever by labor rendering or scheduled to render services at or within, or delivering goods or materials to the Building, in which event Tenant shall immediately and permanently cease its use of the professional(s) whose presence at the Premises or the Building was the basis for such unrest, slowdown or strike. Notwithstanding anything contained herein to the contrary, if the use by Tenant of any contractor, subcontractor, vendor, supplier or any other party causes or threatens to cause or create any work stoppage, picketing, labor disruption, dispute or disharmony of any nature whatsoever, Tenant shall immediately discontinue the use of such party and take such other remedial measures as may be necessary in order to restore labor harmony. (v) Tenant shall keep the Building and the Premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the Premises. (vi) Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord certificates evidencing the existence of the following insurance: (a) Workmen's compensation insurance covering all persons employed for such work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises. (b) Broad form general liability insurance written on an occurrence basis naming Tenant as an insured and naming Landlord and its designees as additional insureds, with limits of not less than $3,000,000 combined single limit for personal injury in any one occurrence, and with limits of not less than $500,000 for property damage (the foregoing limits may be revised from time to time by Landlord to such higher limits as Landlord from time to time reasonably requires). Tenant, at its sole cost and expense, shall cause all such insurance to be maintained at all time when the work to be performed for or by Tenant is in progress. All such insurance shall be obtained from a company authorized to do business in New York and shall provide that it cannot be canceled without thirty (30) days prior written notice to Landlord. All polices, or certificates therefor, issued by the insurer and bearing notations evidencing the payment of premiums, shall be delivered to Landlord. Blanket coverage shall be acceptable, provided that coverage meeting the requirements of this paragraph is assigned to Tenant's location at the Premises. (vii) In granting its consent to any Alteration, Landlord may impose such conditions as to guarantee of completion (including, without limitation, requiring Tenant to temporarily post additional security or a bond to insure the completion of such Alterations, payment, restoration or otherwise), as Landlord may reasonably require. (viii) All work to be performed by Tenant shall be done in a manner which will not interfere with or disturb other tenants and occupants of the Building.

Appears in 1 contract

Sources: Lease Agreement (Xenomics Inc)

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without LessorTenant must obtain Landlord’s prior written consentconsent to make any changes whatsoever to the Apartment, which consent shall including but not be unreasonably withheld limited to installing any paneling, flooring, “built in” decorations, partitions, railings or delayed; providedmake alterations or to paint or wallpaper the Apartment. Tenant is not allowed to change the colors of the walls of the Apartment, howeverand must surrender the Apartment in a condition that consists of newly flat white-painted walls when ending Tenancy. Tenant must not change the plumbing, Lessee shall have the rightventilation, air conditioning, electric or heating systems. Tenant is not allowed to install telephone/TV/cable/Internet antennas, nor satellite dishes, etc., without Lessor’s consent, written permission from Landlord; Landlord must be present to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lesseesupervise any installations. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which If consent is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Leasegiven, the signs alterations and installations shall become the property of Lessor without Landlord when completed and paid for. They shall remain with and as part of the Apartment at the end of the term. ▇▇▇▇▇▇▇▇ has the right to demand that Tenant remove the alterations and installations. Tenant shall comply with the demand at ▇▇▇▇▇▇’s own cost. Landlord has the right to require escrow from Tenant, for any credit approved changes. If a Mechanic’s lien is filed on the Apartment or compensation Building for Tenant’s failure to Lesseepay for alterations or installations in the Apartment, Tenant must immediately pay or bond the amount stated in the Lien. Landlord shall have no responsibility to pay or bond the Lien if ▇▇▇▇▇▇ fails to do so. Any cost incurred by Landlord shall be added rent, immediately due for payment. Tenant must take good care of the Apartment and all equipment and fixtures in it. Tenant must, at Tenant’s cost, make all repairs and replacements whenever the need results from ▇▇▇▇▇▇’s act or neglect. If Tenant fails to make a needed repair or replacement, to the satisfaction of the Landlord, Landlord may do it. ▇▇▇▇▇▇▇▇’s expense will be added rent. Landlord will also assess Tenant an administrative fee equal to 15% of the cost of the repair of the damage, cleaning or replacement, including any such costs incurred during the turnover period at the end of the lease term. Tenant will maintain a level of housekeeping so as to keep the apartment in a clean, sanitary and orderly condition. Tenant agrees to take measures to prevent moisture accumulation and mold growth, including appropriate climate control, regular cleaning, removal of visible moisture accumulation. Tenant hereby acknowledges that he/she has received the information regarding mold and actions to mitigate its risks. ▇▇▇▇▇▇ also agrees to promptly report leaks, moisture or visible evidence of mold growth in their apartment, plumbing leaks, and/or any water accumulation due to leaks. In the event Tenant fails to do so, ▇▇▇▇▇▇▇▇ may arrange for ▇▇▇▇▇▇’s apartment to be cleaned and bill the cost thereof to Tenants as added rent. Tenant is responsible for replacing batteries at their own expense in the Carbon Monoxide alarm on the first day of Spring and on the first day of Autumn while occupying the Apartment, and Lessor maythe Tenant is also responsible for replacing batteries at their own expense in the Smoke alarm on the first day of Spring and on the first day of Autumn while occupying the Apartment, and the Tenant is responsible for replacing all non-working light bulbs at their own expense while occupying the apartment. Landlord will give Tenant written notice of scheduled insect and/or pest extermination dates. Landlord will provide information of extermination materials used upon ▇▇▇▇▇▇’s request. Tenant hereby agrees to notify Landlord at first notice of any onset of insects and/or pests. ▇▇▇▇▇▇ also herby agrees that if ▇▇▇▇▇▇ brings in any problematic insects and/or pests to their apartment or others’ apartment(s), including but not limited to fleas, ticks and/or bed bugs, Tenant will pay for all expenses related to the eradication of said insect and/or pest problem. ▇▇▇▇▇▇ also agrees that if ▇▇▇▇▇▇’s lack of housekeeping brings about the onset of an insect and/or pest problem Tenant will be held responsible for any and all expenses related to the eradication of said insect and/or pest problem. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective conditions. If the Apartment can not be used because of fire or other casualty, Tenant is not obligated to, remove and store or dispose required to pay rent for the time the Apartment is unusable. If part of the signs Apartment cannot be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable. Landlord need only repair the damaged structural parts of the Apartment, as allowable. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decoration unless originally installed by Landlord. ▇▇▇▇▇▇▇▇ is not responsible for delay due to settling insurance claims, obtaining estimates, labor and Lessee shall supply problems or any other cause not fully under Landlord’s control. If the fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant, or at the time of the fire or casualty Tenant is in default in any term of this Lease, which relates directly to the fire or casualty, then all repairs will be liable made at Tenant’s expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to Lessor for demolish or rebuild the Building if there is substantial damage by fire or other casualty. Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord’s intention. The Lease will end 30 days after ▇▇▇▇▇▇▇▇’s Cancellation notice to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all costs incurred by Lessor in connection therewithrent due to the date of the fire or casualty. Lessee shall indemnify and hold Lessor harmless from all lossIf the Lease is cancelled, damage, cost, expense, and Landlord is not required to repair the Apartment or Building. The cancellation does not release Tenant of liability in connection with such removal, storage, the fire or disposalcasualty. This Section is intended to replace the terms of New York Real Property Law Section 227. Tenant has no right to cancel this Lease due to fire or casualty.

Appears in 1 contract

Sources: Apartment Lease

Alterations. Lessee Tenant shall not make make, or allow suffer to be made made, any ----------- alterations, installationsimprovements or additions over $10,000 in, on, about Premises or any part thereof, without the prior written consent of Landlord and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, Landlord may require at the time consent is given 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. Unless Landlord requires that Tenant remove any such alteration, improvement or improvements in addition, any alteration, addition or improvement to the Premises, or place safes, vaults, or other heavy except movable furniture or equipment within and trade fixtures not affixed to the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have become the right, without Lessor’s consent, to construct additional or alternate facilities in property of Landlord upon termination of the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture Lease and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises 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 Lessor 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 expiration or termination of this Lease Lease. If, during the term hereof, any alteration, addition or the termination change of Lessee’s right any sort to possession all or any portion of the Premises. LesseePremises is required by law, regulation, ordinance or order of any public agency, Tenant shall promptly make the same at its sole cost andand expense. If during the term hereof, on any alteration, addition, or before change to the expiration Common Area is required by law, regulation, ordinance or termination order of this Leaseany public agency, Landlord shall remove all make the same and the cost of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property alteration, addition or change shall be completed promptly a Common Area Charge and Tenant shall pay its share of said cost to Landlord as provided in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalParagraph 12 above.

Appears in 1 contract

Sources: Lease Agreement (Nanometrics Inc)

Alterations. (a) Except as required or permitted by the provisions of this Section 10, Head Lessee shall not make modify or allow alter any Head Lessor Compressor without the prior written approval of the Head Lessor and the Control Party. (b) In case any Head Lessor Compressor (or any part or component thereof) is required to be made altered, added to, replaced or modified in order to comply with any alterationsinsurance policies required pursuant to this Head Lease or Applicable Law (any such alteration, installationsadditional replacement or modification, additions a "Required Alteration"), Head Lessee agrees to promptly make (or improvements in or cause to the Premisesbe made) such Required Alteration at its own expense. Thereupon, or place safes, vaults, or other heavy furniture or equipment within the Premisestitle to such Required Alteration shall, without further act, immediately become the property of Head Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence free and clear of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvementsLiens, other than movable furnitureHead Lessor Liens and Permitted Encumbrances and such Required Alteration shall immediately become subject to the terms and conditions of this Head Lease and the Lease Supplement to which the related Head Lessor Compressor is subject. (c) Head Lessee may make any optional renovation, movable equipment improvement, addition, or alteration to any Head Lessor Compressor (including"Optional Alteration") provided that such Optional Alteration does not impair the value, use or remaining useful life of such Head Lessor Compressor. In the event an Optional Alteration is readily removable without impairing the value, use or remaining useful life of the Head Lessor Compressor, and is not a part or appliance which replaces any part or appliance originally incorporated or installed in or attached to such Head Lessor Compressor on the Effective Date for the related Lease Supplement, the Head Lessee may (or, if requested by the Head Lessor shall) remove such Optional Alteration whereupon such Optional Alteration will remain the property of Head Lessee. To the extent such Optional Alteration is not readily removable without impairing the value, use or remaining useful life of the Head Lessor Compressor to which such Optional Alteration has been made, or is a part or appliance which replaces any part or appliance originally incorporated or installed in or attached to such Head Lessor Compressor on the Effective Date for the related Lease Supplement, such Optional Alteration shall, without limitation Lessee’s ATMs)further act, other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and immediately be surrendered with the Premises and become the property of, and title shall vest in, Head Lessor, free and clear of all Liens, other than Head Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. LesseeLiens and Permitted Encumbrances, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect subject to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination terms of this Lease, Head Lease and the signs shall become Lease Supplement to which the property related Head Lessor Compressor is subject. Any parts installed or replacements made by the Head Lessee upon any Head Lessor Compressor pursuant to its obligation to maintain and keep the Head Lessor Compressors in the condition required pursuant to the terms of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee this Head Lease shall be liable considered accessions to such Head Lessor for all costs incurred by Lessor Compressor and ownership thereof shall be immediately vested in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalHead Lessor.

Appears in 1 contract

Sources: Master Equipment Lease Agreement (Universal Compression Inc)

Alterations. Lessee Tenant shall not make or allow to be made any alterations, installationsadditions, additions partitions, or other improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, communication towers or other improvements which have been specifically consented to in writing by Landlord, provided that (i) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part, (ii) such items do not overload or damage the same, (iii) such items may be removed without injury to the Premises, and (iv) the construction, erection or place safesinstallation thereof complies with all applicable governmental laws, vaultscodes, ordinances, regulations, or any other applicable authorities, including, without limitation, the Americans with Disabilities Act of 1990 (the "ADA"), and with Landlord's details, specifications and other requirements, (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other heavy furniture improvements erected by Tenant shall be and remain the property of Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's sole discretion, to require Tenant either to remove, at Tenant's sole cost and expense, all or equipment within part of each alterations, additions, partitions, or other improvements, at which time Tenant shall promptly restore the PremisesPremises to its original condition, without Lessor’s or to keep in place the same at which time such alterations, additions, improvements, and partitions shall become the property of Landlord. If requested by Tenant at any time prior written consentto termination of this Lease, which Landlord shall, in its sole discretion, give or withhold its consent shall not be unreasonably withheld to the future removal by Tenant of any particular alteration, addition, partition or delayedother improvement then existing or planned by Tenant; provided, however, Lessee Landlord shall have the right, without Lessor’s consent, not unreasonably withhold its consent to construct additional or alternate facilities Tenant's future removal of any specialized equipment installed in the Premises for housing Lessee’s ATMs by Tenant Such consent must be in writing to be binding upon Landlord. Landlord hereby consents to Tenant's removal of those items listed on Exhibit D attached hereto and incorporated herein by this reference. (whether now located Note: The requesting and granting of such consent shall not preclude Tenant from subsequently electing to leave any such items in place or, under such circumstances, Landlord from requiring that such items be removed.) (Note: Tenant's obligation to restore the Premises to its original condition shall apply following the removal of a particular alteration, addition, partition or not)other improvement pursuant to Landlord's consent.) All shelves, as deemed reasonably necessary bins, machinery and trade fixtures installed by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated Tenant shall be removed on or in before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises on the Commencement Dateto their original condition. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property removals and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property restoration shall be completed promptly and performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the buildings and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to improvements situated on the Premises or this Lease. In of which the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalPremises are a part.

Appears in 1 contract

Sources: Commercial Lease (Limelight Networks, Inc.)

Alterations. Lessee (a) During the Term, Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or structural exterior alterations to the Premises, or place safes, vaults, or other heavy furniture or equipment within the PremisesPremises (including, without Lessorlimitation, alterations to the MEP systems serving the Building (Structural Alterations) without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed; providedwithheld. Tenant must provide Landlord with a complete set of plans for any proposed Structural Alterations. Tenant shall construct all Structural Alterations in substantial accordance with the approved plans. Notwithstanding the preceding, however, Lessee shall Tenant will have the right, without LessorLandlord’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs make non-structural alterations (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents Non-Structural Alterations) to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession interior of the Premises. LesseeIn making any Structural Alterations, Tenant shall notify Landlord at least 30 days prior to commencement of construction; and in making any Structural or Non-Structural Alterations, Tenant shall comply with all Legal Requirements and perform same in a good and workmanlike manner. Tenant shall promptly deliver to Landlord complete and accurate as-built plans for any Structural Alterations. In the event that Tenant’s Non-Structural Alterations consists of moving interior partitions, Tenant shall so notify Landlord; upon Landlord’s written request, Tenant shall provide as-built plans for the relocation of such interior partitions. (b) Tenant’s trade fixtures, furnishings and equipment in the Premises will remain Tenant’s property for all purposes and Tenant may remove them at its sole cost and, option and expense at any time on or before the Expiration Date. Upon the expiration of the Term or any earlier termination of this Lease, Tenant shall remove all of Lessee’s property from surrender the Premises in good condition and repair, except for ordinary wear and tear, casualty damage, and damage that Landlord has the obligation to repair all damage caused by such removalunder the terms of this Lease. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s The foregoing covenant does not obligate Tenant to remove Structural or Non-Structural Alterations or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests improvements made with respect to the Premises. All Tenant Improvements and other property of Tenant not timely removed from the Premises or this Lease. In shall become part of the event Lessee fails to remove Lessee’s property on or before Premises and will remain with the Premises upon the expiration of the Term or any earlier termination of this Lease. (c) Tenant shall defend, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor save harmless from Landlord against any and all lossmechanic’s and other liens filed arising out of any work performed, damage, cost, expense, and liability materials furnished or obligations incurred in connection with Structural or Non-Structural Alterations. If Tenant does not procure the satisfaction or discharge of all liens for which Tenant is responsible hereunder as and when required by this Lease, by bonding, payment or otherwise Landlord may, upon 30 days’ prior written notice to Tenant, pay the amount of any lien or discharge the same by deposit or, alternatively, by bond or in any manner according to law, together with reasonable expenses incurred by Landlord, including all reasonable legal fees and such removal, storage, or disposalexpenses shall be payable by Tenant as additional rent hereunder within 30 days after demand.

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Alterations. Lessee (a) Subject to the provisions of this subparagraph (a), Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the PremisesPremises (including, or place safesbut not limited to, vaults, or other heavy furniture or equipment within roof and wall penetrations) without the Premises, without Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayedwithheld; provided, however, Lessee should Tenant submit preliminary plans for making an alteration to the Premises and such plans are in form sufficient for Landlord to review the alteration contemplated by Tenant, Landlord shall respond within ten business days of its receipt of such plans, or the plans and the alteration to be made by Tenant shall be deemed approved. If the plans submitted by Tenant are insufficient for Landlord to review the contemplated alteration, Landlord shall so notify Tenant and Tenant shall revise and resubmit the plans to Landlord but the ten day time period for Landlord to act as aforesaid shall not be deemed to commence until such time as Tenant shall have submitted a sufficient plan to Landlord, as reasonably determined by Landlord. All submissions of plans to Landlord under this paragraph 5 shall be sent in accordance with the rightprovisions of paragraph 20 hereof. Landlord may require as a condition to Tenant making any alteration to the Premises that Tenant restore the Premises to its condition as of the Commencement Date prior to Tenant vacating the Premises. Tenant may, without Lessorthe consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures and remove and replace interior non-structural walls, as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and 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 consentpolicies insuring against loss or damage by fire or other hazards, including but not limited to construct additional commercial general liability, or alternate facilities which will prevent Landlord from 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 housing Lessee’s ATMs permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of b) Any and all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property partitions and movable trade fixtures, made fixtures erected by Lessee to the Premises Tenant shall remain upon and be surrendered with the Premises and become the property of Lessor Landlord and shall remain at the expiration Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures and other specialized equipment installed and paid for by Tenant may be removed by Tenant prior to the termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All provided such removal of Lessee’s property shall may be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect accomplished without damage to the Premises or this Leaseto the primary structure or structural qualities of the Building and other improvements situated on the Premises. In Tenant shall repair any damage to the event Lessee fails Premises, or to remove Lessee’s the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property on or before trade fixtures by Tenant, its employees, agents, invitees, or contractors to the expiration or termination Premises. Should Tenant fail to conduct any such repair within ten days of this Leasewritten notice from Landlord, the signs shall become the property of Lessor without any credit or compensation to LesseeLandlord may, at its option, perform same, and Lessor may, but is not obligated to, remove Tenant shall remit payment to Landlord for the actual cost and store or dispose of the signs and Lessee shall be liable to Lessor for all costs expense incurred by Lessor Landlord in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with effecting such removal, storage, or disposalrepair immediately upon demand.

Appears in 1 contract

Sources: Lease Agreement (Trimeris Inc)

Alterations. Lessee Excepting Landlord's Work, Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the PremisesPremises ("Alterations"), either at the inception of this Lease or place safes, vaults, or other heavy furniture or equipment within subsequently during the PremisesTerm, without Lessor’s obtaining the prior written consent, which consent of Landlord. No Alterations shall not be unreasonably withheld or delayed; provided, however, Lessee shall have permitted to the right, without Lessor’s consent, to construct additional or alternate facilities in outside dimensions of the Premises for housing Lessee’s ATMs (whether now located or the Building, existing bearing walls and columns, exterior walls, roof, structural ceiling or foundations, nor shall Tenant install any electrical equipment that would overload the lines in the Premises or not)interfere with the electrical usage of other tenants, as deemed reasonably necessary unless approved in writing by LesseeLandlord. Lessor consents Tenant shall deliver to Landlord full and complete plans and specifications of all requested Alterations, and, any subsequent modifications or additions to such plans and specifications, prior to undertaking same, and as-built plans when completed, and no proposed work shall be commenced or continued by Tenant until Landlord has given its written approval thereof. By approving any request for Alterations submitted by Tenant, Landlord does not (i) expressly or implicitly covenant or warrant that any plans or specifications are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like, or (ii) consent to the presence imposition of all safes, vaults, heavy furniture and equipment which is situated any lien on or in the Premises on or the Commencement DateBuilding for any work performed or materials delivered in connection with any such Alterations. Tenant shall be solely responsible for compliance with applicable laws, ordinances, building codes, and/or the like, and for obtaining all necessary permits and governmental approvals and for construction of said improvements in compliance with same. Further, Tenant shall indemnify, defend and hold harmless Landlord and the Premises from any loss, cost or expense, including legal fees, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from such Alterations. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises Alterations shall remain upon and be surrendered with the Premises and become the property of Lessor Landlord, unless Landlord directs that such Alterations be removed by Tenant at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or earlier termination of this Lease. In such case, Tenant, at Tenant's sole expense, shall remove all of Lessee’s property from the Premises Alterations and repair all damage caused resulting from such removal and shall restore the affected areas to a condition reasonably compatible with the remainder of the Premises as reasonably determined by Landlord, or, at Landlord's option, shall pay to Landlord all reasonable and necessary costs arising from such removalremoval and restoration. All such Alterations, and all removal of Lessee’s property same, shall be completed promptly and done in a good and workmanlike manner in compliance with all applicable laws, ordinances, building codes, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Building. If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond satisfactory to Landlord for said work. Tenant shall reimburse Landlord for Landlord's reasonable charges including any professional fees, incurred by Landlord and a review fee of fifteen percent (15%) of the cost of construction of such Alterations for expenses incurred by Landlord or Landlord's designated property management firm for the Project, in reviewing and approving or disapproving plans and specifications for any Alterations proposed by Tenant and/or coordinating and overseeing the construction of such Alterations. Landlord shall be performed entitled to approve and/or designate the contractors/subcontractors to be used to construct Alterations. Tenant shall indemnify, defend and hold harmless Landlord and Landlord's agents, contractors and employees from and against any liability or damages, and will take all measures necessary to eliminate any negative impact on the operation of the Building, resulting from any non-union contractor or subcontractor being used for the Alterations. Tenant shall require that any contractors used by Tenant comply with all requirements for insurance set forth in Article VIII and carry a comprehensive liability insurance policy naming Landlord and any mortgagee designated by Landlord as additional insureds, covering bodily injury in such a manner that no mechanic’s, materialman’s or other similar liens amounts as set forth in Section 8.01. Tenant shall attach provide proof of such insurance prior to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, commencement of any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to work on the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalPremises.

Appears in 1 contract

Sources: Lease Agreement (Sea Coast Foods, Inc.)

Alterations. Lessee shall not make or allow to be made any A. Any alterations, installations, improvements, additions or improvements other physical changes (other than decorations) in, to, or about the Sublet Premises (as the case may be, 'Alterations’) must be made in or accordance with the provisions of the Prime Lease. In each instance where, pursuant to the Prime Lease, the prior written consent of Prime Landlord shall be required in connection with any Alteration proposed to be made by First Union in, to or about the Sublet Premises, or place safesthe prior written consent of First Albany shall be required as well. B. First Union shall indemnify, vaultsdefend and hold harmless First Albany against liability, loss, cost, damage, lien and/or expense imposed on First Albany arising out of the performance of any Alterations by First Union in, to, or other heavy furniture or equipment within about the Sublet Premises, without Lessor’s prior written consent, which consent . ▇. ▇▇ the event that First Albany shall so request in writing not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs later than thirty (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at 30) days after the expiration or termination of this Lease or the termination of Lessee’s right Term, First Union shall, subject to possession the applicable provisions of the Premises. Lessee, Prime Lease and at its First Union's sole cost andand expense, on remove those Alterations, theretofore made by First Union in, to, or before upon the Sublet Premises, specified in First Albany's request, as well as repair and restore the Sublet Premises with respect thereto. Provided that First Albany shall make such a request more than ninety (90) days prior to the expiration or termination of this the Term, First Union shall cause such work to be completed not later than such expiration or termination date. ▇. ▇▇ the event that the Prime Lease shall be terminated prior to the Sublease Expiration Date by reason of any default by First Albany under the Prime Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property either: (i) First Union shall be completed promptly and in a good and workmanlike manner and required, pursuant to the provisions of clause (iii) of Paragraph 7A of the Consent to Sublease, to restore the Sublet Premises to Building standard condition; or (ii) First Union shall be performed in such a manner that no mechanic’srequired, materialman’s or other similar liens shall attach pursuant to Lessee’s leasehold estatethe provisions of clause (iii) of Paragraph 7B of the Consent to Sublease, to reimburse Prime Landlord for any of the costs therein set forth, then, and in no event either such event, First Albany shall Lessee permitreimburse First Union for all of the costs and expenses incurred by First Union in order to comply with such obligation under the Consent to Sublease. Such reimbursement shall be made promptly after First Albany's receipt of a written demand from First Union therefor, which demand shall be delivered to First Albany together with paid bills and invoices evidencing, or be authorized to permitother reasonable evidence of, any such liens or other claims the amount to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalso reimbursed.

Appears in 1 contract

Sources: Sublease (First Albany Companies Inc)

Alterations. Lessee shall not make or allow to be made any alterations, installations, additions or improvements no changes in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, Premises of any nature without Lessor’s prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. Lessee shall conduct all alterations and improvements in a merchantable manner, subject to the prior written consent of Lessor. Any Lessee alterations, additions or improvements shall only be permitted, if at all, where such improvements are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the Premises by using contractors or mechanics first approved by Lessor which consent shall not be unreasonably withheld or delayed; providedwithheld. All alterations shall be performed subject to Addendum “D”. All fixtures and all paneling, howeverpartitions, Lessee shall have the rightrailing and like installations, without Lessor’s consent, to construct additional or alternate facilities installed in the Premises for housing at any time, either by Lessee or by Lessor on Lessee’s ATMs (whether now located in behalf, shall, upon installation, become the Premises or not), as deemed reasonably necessary by Lessee. property of Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become unless Lessor by notice to Lessee no later than sixty (60) days prior to the property of Lessor at date fixed as the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, elects to relinquish Lessor’s right hereto and to have them removed by Lessee, in which event, the same shall remove all of Lessee’s property be removed from the Premises by Lessee prior to the expiration of the lease at Lessee’s expense unless said fixtures were installed pursuant to Addendum “B” of this Lease. Nothing in this article shall be construed to give Lessor title to or to prevent Lessee’s removal from time to time of trade fixtures, moveable office furniture and equipment, but upon removal of any such items from the Premises or upon removal of other installations as may be required by Lessor, Lessee shall immediately and at its expense, repair all and restore any damage caused occasioned by such removal. All such removal property permitted or required to be removed by Lessee at the end of the term remaining in the Premises after Lessee’s property removal shall be completed promptly deemed abandoned and in a good may, at the election of Lessor, either be retained as Lessor’s property or may be removed from the Premises by Lessor at Lessee’s expense. Lessee shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and workmanlike manner certificates required by any government or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall be performed in deliver promptly duplicates of all such a manner that no mechanic’spermits, materialman’s or other similar liens shall attach approvals and certificates to Lessor and Lessee agrees to carry and will use Lessee’s leasehold estatecontractors and sub-contractors to carry such workers compensation, general liability, personal property and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against property damage insurance as Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalmay reasonably require.

Appears in 1 contract

Sources: Lease Agreement (Ameripath Inc)

Alterations. Lessee The LESSEE may make any alteration, addition or improvements on the Leased Premises; Provided that such alternation, addition or improvements shall not make diminish the value of the Leased Premises nor adversely affect the structural integrity of the building. Such alteration, addition or allow improvements on the Leased Premises shall be subject to the prior written consent of the LESSOR or its successor-in-interest, which consent must be made any given by the LESSOR or its successor-in-interest within forty five (45) days from the date of receipt of the LESSEE's request. If the LESSOR or its successor-in-interest fails to communicate its decision on the LESSEE's request within said period, the LESSOR or its successor-in-interest shall be deemed to have approved the LESSEE's request. Such alterations, installations, additions or improvements in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Leased Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit the LESSOR or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose its successor-in-interest upon termination of the signs lease; Provided, however, that movables, machineries, equipment and Lessee accessories installed on the Leased Premises shall remain properties of the LESSEE and shall, upon expiration of the lease, be removed by the LESSEE from the Leased Premises; Provided that should the removal cause damage or injury to the Leased Premises, the LESSEE shall at its own expense promptly repair and restore the Leased Premises to a condition as good as or better than that which existed prior to such damage or injury. Without in any way affecting the LESSEE's obligation to repair the damage or injury, the LESSEE shall deposit with the LESSOR or its successor-in-interest on or before the date of removal of the movables and the Contract of Lease 6 Asset Privatization Trust and Allegro Microsystems Phils., Inc. machineries and equipment installed by the LESSEE on the leased Premises the amount of ONE HUNDRED THOUSAND PESOS (P100,000.00), Philippine Currency, either in the form of cash or manager's check to cover the estimated cost of repairing any damage or injury which may be caused to the Leased Premises by reason of such removal. Such deposit shall be liable refunded by the LESSOR or its successor-in-interest to Lessor for all costs incurred the LESSEE upon acceptance by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, the LESSOR or disposalits successor-in-interest of the repaired Leased Premises.

Appears in 1 contract

Sources: Contract of Lease (Allegro Microsystems Inc)

Alterations. Lessee Sublessee shall not make or allow to be made permit the making of any alterationsalteration, installationsaddition, additions change, replacement, installation or improvements addition in or to the Premises, or place safes, vaults, or other heavy furniture or equipment within 23rd Floor Premises without in each instance obtaining the Premises, without Lessor’s prior written consent, consent of (x) Prime Landlord pursuant to the terms of the Prime Lease and (y) Sublessor which consent of Sublessor shall not be unreasonably withheld withheld, conditioned or delayed; delayed provided that (i) such alterations are consistent with and are for the purposes of a first-class office use, (ii) are in compliance with all provisions of the Prime Lease, (iii) Prime Landlord shall have granted its consent to such alterations, if required under the Prime Lease and (iv) the proposed alteration does not in any way affect or change the existing wiring or telecommunications systems in the 23rd Floor Premises. Notwithstanding anything to the contrary herein, Sublessee shall be required to remove any alterations, additions, changes, replacements, installations or additions to the 23rd Floor Premises made by Sublessee prior to the Sublease Expiration Date, to the extent the same are or may be required to be removed under the Prime Lease. Sublessee shall not be required to remove any improvements made to the 23rd Floor Premises by Sublessor prior to the 23rd Floor Sublease Commencement Date provided, however, Lessee that Sublessee shall have the right, without Lessor’s consent, to construct pay for any additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all lossSublessor to remove such alterations to the extent such additional costs are the result of any (x) alterations made to the 23rd Floor Premises by or on behalf of Sublessee after the 23rd Floor Sublease Commencement Date, damage, cost, expense, and liability in connection with such removal, storage, or disposal(y) default by Sublessee under this Sublease and/or (z) failure by Sublessee to vacate the 23rd Floor Premises as required under this Sublease.

Appears in 1 contract

Sources: Sublease (Primus Guaranty LTD)

Alterations. Lessee Tenant shall not make no material, permanent changes in or allow to be made any the Demised Space without obtaining Landlord’s prior written consent. Notwithstanding the foregoing, the Tenant, without Landlord’s prior consent, shall have the right to make non-structural alterations, installations, additions or improvements in or to the Premises, Demised Space that do not affect any existing building systems outside the Demised Space and do not impair or place safes, vaults, or other heavy furniture or equipment affect any existing building systems within the PremisesDemised Space (collectively, without Lessor’s prior written consent“Cosmetic Alterations”), which consent shall not be unreasonably withheld using reputable and, where applicable, licensed contractors or delayed; providedmechanics. All fixtures, howeverall electrical items and all paneling, Lessee shall have the rightpartitions, without Lessor’s consent, to construct additional or alternate facilities railings and like installations ​ installed in the Premises for housing LesseeDemised Space at any time, either by Tenant or by Landlord on Tenant’s ATMs (whether now located in behalf, shall become the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the presence property of all safes, vaults, heavy furniture Landlord and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become Demised Space unless Landlord, by notice to Tenant no later than thirty (30) days prior to the property of Lessor Lease Termination Date, requires their removal, in which event the same shall be removed from the Demised Space by Tenant forthwith. If the Landlord has given its written approval for any alteration without requiring its removal at the expiration lease termination, then Tenant shall be under no obligation to remove that alteration. Nothing in this Article 9 or termination any other provision of this Lease shall be construed to prevent Tenant’s removal of trade fixtures, but upon removal of any such trade fixtures from the Demised Space or the termination upon removal of Lessee’s right to possession of the Premises. Lesseeother installations (made by Tenant) as may be required by Landlord, Tenant shall immediately and at its sole cost andexpense repair the Demised Space, on or before restoring it to the expiration or termination of this Leasecondition existing prior to installation, and shall remove all of Lessee’s property from repair any damage to the Premises and repair all damage caused by Demised Space due to such removal. All such property permitted or required to be removed by Tenant at the end of the Term remaining in the Demised Space after Tenant’s removal of Lessee’s property shall be completed deemed abandoned and may be removed from the Demised Space by Landlord at Tenant’s expense, which right of Landlord shall survive the expiration of this Lease. Tenant shall, before making any alterations, additions, installations or improvements, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord: and Tenant agrees to carry such workers’ compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of lien upon the real property of which the Demised Space forms a part, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who become involved in such work. The work shall be done in a good and workmanlike manner and shall be performed in such a manner that no mechanic’scompliance with all applicable law, materialman’s or other similar liens shall attach to Lessee’s leasehold estateordinances, codes, governmental rules, regulations and requirements, and in no event shall Lessee permitaccordance with the standards, or be authorized to permitif any, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposalBoard of Fire Underwriters the jurisdiction which includes the Premises.

Appears in 1 contract

Sources: Lease (Highland Transcend Partners I Corp.)