Permitted Alterations. Landlord agrees that Tenant may, from time to time during the Lease Term, at Tenant’s sole cost and expense and after giving Landlord at least thirty (30) days’ prior notice of its intention to do so, make such alterations, additions and changes in and to the interior of the Premises (except those of a structural nature) as Tenant may find necessary or convenient, provided that the value of the Premises is not thereby diminished, and provided that no alterations, additions or changes which (a) cost in excess of Two Thousand Five Hundred Dollars ($2,500) for any one work of improvement or alteration, or in excess of Five Thousand Dollars ($5,000) in the aggregate for multiple works of improvement or alteration during any period of twelve (12) consecutive months during the Lease Term, or (b) are visible from the Common Areas, may be made without first procuring the prior written consent of Landlord. In no event shall Tenant make any alterations, additions or changes to the storefront, or the exterior walls or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent of Landlord shall first have been obtained, which consent may be withheld in Landlord’s sole and arbitrary discretion. Tenant shall not make or cause to be made any penetration through the roof or demising walls of the Premises without the prior written consent of Landlord. Tenant shall be directly responsible for any and all damages resulting from any violation of the provisions of this Article. ▇▇▇▇▇▇ agrees to reimburse Landlord for all costs and expenses (including, without limitation, any architect and/or engineer fees) incurred by Landlord in approving or disapproving Tenant’s plans for alterations, additions or changes.
Appears in 1 contract
Sources: Office Lease (Skye Bioscience, Inc.)
Permitted Alterations. Landlord agrees that Tenant may, from time to time during the Lease Term, at Tenant’s sole cost and expense and after giving Landlord at least thirty (30) days’ prior notice of its intention to do so, make such alterations, additions and changes in and to the interior of the Premises (except those of a structural nature) as Tenant may find necessary or convenient, provided that the value of the Premises is not thereby diminished, and provided that no alterations, additions or changes which (a) cost in excess of Two Thousand Five Hundred Dollars ($2,500) for any one work of improvement or alteration, or in excess of Five Thousand Dollars ($5,000) in the aggregate for multiple works of improvement or alteration during any period of twelve (12) consecutive months during the Lease Term, or (b) are visible from the Common Areas, may be made without first procuring the prior written consent of Landlord. In no event shall Tenant make any alterations, additions or changes to the storefront, or the exterior walls or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent of Landlord shall first have been obtained, which consent may be withheld in Landlord’s sole and arbitrary discretion. Tenant shall not have the right to make Alterations in, on or cause to be made any penetration through the roof or demising walls of about the Premises without the prior written consent of Landlord, as long as such Alterations do not (i) affect or penetrate any of the structural portions of the Building, including the roof: (ii) require any change to the structural or mechanical components of the Building; (iii) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (iv) cost in excess of $25,000 for any single Alteration or in excess of $100,000 in any calendar year when considered together with all prior Alterations made during such year. All Alterations shall be constructed pursuant to plans and specifications previously approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Building existing as of the Commencement Date. All Alterations made by Tenant shall be directly and become the property of Landlord upon the installation thereof and shall not be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option given at the time Landlord consents to the particular Alteration, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant and repair any damage to Premises caused by such removal. Except as otherwise provided for in this Lease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all damages resulting from any violation Alterations made by or on behalf of the provisions of this Article. ▇▇▇▇▇▇ agrees to reimburse Landlord for all costs and expenses Tenant (including, without limitation, any architect and/or engineer fees) incurred including by Landlord in approving or disapproving on behalf of Tenant’s plans for alterations, additions or changes) to the Premises.
Appears in 1 contract
Sources: Lease Agreement (Surebeam Corp)
Permitted Alterations. Landlord agrees that Tenant may, from time to time during the Lease Term, at Tenant’s sole cost and expense and after giving Landlord at least thirty (30) days’ prior notice of its intention to do so, make such alterations, additions and changes in and to the interior of the Premises (except those of a structural nature) as Tenant may find necessary or convenient, provided that the value of the Premises is not thereby diminished, and provided that no alterations, additions or changes which (a) cost in excess of Two Thousand Five Hundred Dollars ($2,500) for any one work of improvement or alteration, or in excess of Five Thousand Dollars ($5,000) in the aggregate for multiple works of improvement or alteration during any period of twelve (12) consecutive months during the Lease Term, or (b) are visible from the Common Areas, may be made without first procuring the prior written consent of Landlord. In no event shall Tenant make any alterations, additions or changes to the storefront, or the exterior walls or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent of Landlord shall first have been obtained, which consent may be withheld in Landlord’s sole and arbitrary discretion. Tenant shall not make or cause to be made permit any penetration through the roof or demising walls of the Premises Alterations without the prior written consent of Landlord (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at Tenant's own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to reasonable approval of Landlord. All Alterations made by Tenant shall be directly and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option upon Notice given to Tenant at the time Landlord's consents to the Alteration, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant's expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all damages resulting from any violation Alterations made by or for the benefit of the provisions of this Article. ▇▇▇▇▇▇ agrees to reimburse Landlord for all costs and expenses Tenant (including, without limitation, any architect and/or engineer fees) incurred by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in approving or disapproving Tenant’s plans for alterationsReal Property Taxes that are attributable to any Alterations, additions or changeswhich payment shall be made by Tenant to Landlord within ten (10) days following Landlord's written demand therefor from time to time.
Appears in 1 contract
Sources: Office Lease (8x8 Inc /De/)
Permitted Alterations. Landlord agrees that Tenant mayAfter the Commencement Date, from time to time during the Lease Term, at Tenant’s sole cost and expense and after giving Landlord at least thirty (30) days’ prior notice of its intention to do so, make such alterations, additions and changes in and to the interior of the Premises (except those of a structural nature) as Tenant may find necessary or convenient, provided that the value of the Premises is not thereby diminished, and provided that no alterations, additions or changes which (a) cost in excess of Two Thousand Five Hundred Dollars ($2,500) for any one work of improvement or alteration, or in excess of Five Thousand Dollars ($5,000) in the aggregate for multiple works of improvement or alteration during any period of twelve (12) consecutive months during the Lease Term, or (b) are visible from the Common Areas, may be made without first procuring the prior written consent of Landlord. In no event shall Tenant make any alterations, additions or changes to the storefront, or the exterior walls or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent of Landlord shall first have been obtained, which consent may be withheld in Landlord’s sole and arbitrary discretion. Tenant shall not make or cause to be made permit any penetration through the roof Alterations in, on or demising walls of about the Premises without the prior written consent of Landlord (which consent shall not be unreasonably withheld), except for Alterations not exceeding One Dollar ($1.00) per square foot of the Premises in aggregate cost over the Term. Notwithstanding the foregoing, without the prior written consent of Landlord (which consent may be withheld in Landlord's sole and absolute discretion), in no event shall any Alterations (i) affect the exterior of the Building or the outside areas (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at its own expense, a completion and indemnity bond covering such work, the form and amount of which shall be subject to the approval of Landlord. All Alterations made by Tenant shall be directly and become the property of Landlord upon the installation thereof and shall not be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant and return the Premises to its condition as of the Commencement Date of this Lease, normal wear and tear excepted. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all damages resulting from any violation Alterations made by or on behalf of the provisions of this Article. ▇▇▇▇▇▇ agrees to reimburse Landlord for all costs and expenses Tenant (including, including without limitation, any architect and/or engineer fees) incurred limitation by Landlord in approving or disapproving on behalf of Tenant’s plans for alterations, additions or changes) to the Premises.
Appears in 1 contract
Permitted Alterations. Landlord agrees that Tenant mayAfter the Commencement Date, from time to time during the Lease Term, at Tenant’s sole cost and expense and after giving Landlord at least thirty (30) days’ prior notice of its intention to do so, make such alterations, additions and changes in and to the interior of the Premises (except those of a structural nature) as Tenant may find necessary or convenient, provided that the value of the Premises is not thereby diminished, and provided that no alterations, additions or changes which (a) cost in excess of Two Thousand Five Hundred Dollars ($2,500) for any one work of improvement or alteration, or in excess of Five Thousand Dollars ($5,000) in the aggregate for multiple works of improvement or alteration during any period of twelve (12) consecutive months during the Lease Term, or (b) are visible from the Common Areas, may be made without first procuring the prior written consent of Landlord. In no event shall Tenant make any alterations, additions or changes to the storefront, or the exterior walls or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent of Landlord shall first have been obtained, which consent may be withheld in Landlord’s sole and arbitrary discretion. Tenant shall --------------------- not make or cause to be made any penetration through the roof or demising walls of the Premises permit, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, any Alterations in, on or about the Premises, except for non-structural Alterations which (A) do not penetrate the roof, or affect the foundations or the mezzanine, (B) are not visible from the exterior of the Building, and (C) do not exceed Twenty- Five Thousand Dollars ($25,000.00) per occurrence ("Minor Alterations"). Notwithstanding the foregoing Tenant shall be directly responsible for any and all damages resulting from any violation not, without the prior written consent of Landlord, make any:
(i) Alterations to the exterior of the provisions Building;
(ii) Alterations to or penetrations of this Article. ▇▇▇▇▇▇ agrees to reimburse Landlord for all costs and expenses (the structural portions of the Building including, without limitation, the roof, or which will interfere with the proper functioning of any architect and/or engineer feesmechanical facilities or equipment located in the Building or Project; and
(iii) incurred Alterations visible from outside the Building to which Landlord may withhold consent based on wholly aesthetic grounds. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws and the CC&R's, by a licensed contractor. The work shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Project. With respect to any Alteration which is not exempted as a "Minor Alteration", Landlord and Tenant shall determine whether the same constitutes personal property as defined in approving Subparagraph (z) on page 3 and if so, Exhibit "D" shall be modified ----------- accordingly. Further, all Minor Alterations shall be deemed to be personal property which Tenant may remove or disapproving Tenant’s plans leave in the Premises at its election subject to Landlord's right within thirty (30) days prior to the end of the term of the Lease to require Tenant to remove. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for alterations, additions or changesthe maintenance and repair of any and all Alterations made by it to the Premises.
Appears in 1 contract
Permitted Alterations. Landlord agrees that Tenant may, from time to time during the Lease Term, at Tenant’s sole cost and expense and after giving Landlord at least thirty (30) days’ prior notice of its intention to do so, make such alterations, additions and changes in and to the interior of the Premises (except those of a structural nature) as Tenant may find necessary or convenient, provided that the value of the Premises is not thereby diminished, and provided that no alterations, additions or changes which (a) cost in excess of Two Thousand Five Hundred Dollars ($2,500) for any one work of improvement or alteration, or in excess of Five Thousand Dollars ($5,000) in the aggregate for multiple works of improvement or alteration during any period of twelve (12) consecutive months during the Lease Term, or (b) are visible from the Common Areas, may be made without first procuring the prior written consent of Landlord. In no event shall Tenant make any alterations, additions or changes to the storefront, or the exterior walls or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent of Landlord shall first have been obtained, which consent may be withheld in Landlord’s sole and arbitrary discretion. Tenant shall not make or cause to be made permit any penetration through the roof or demising walls of the Premises Alterations without the prior written consent of Landlord, which consent shall not be unreasonably withheld or conditioned. Tenant shall be directly responsible for Notwithstanding the foregoing, Landlord may withhold its consent in its sole discretion to any and all damages resulting from any violation Alteration which would (i) affect the exterior of the provisions Building or the outside areas of this Articlethe Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. Landlord shall grant or deny its consent to ▇▇▇▇▇▇ agrees ▇'s proposed Alterations within thirty (30) days following receipt of plans and specifications (in a form reasonably acceptable to reimburse Landlord) and such other information as Landlord may reasonably request with respect to the subject Alteration. In the event that (a) Landlord shall fail to grant or deny its consent within such 30-day period, (b) Tenant shall deliver a second request for Landlord's consent (delivered following the expiration of such 30-day period), and (c) Landlord shall fail to grant or deny its consent within five (5) business days following receipt of such second request, Landlord's consent with respect to the subject Alteration shall be deemed granted. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all costs Applicable Laws, and expenses shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at ▇▇▇▇▇▇’s own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, any architect and/or engineer fees) incurred by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in approving or disapproving TenantReal Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s plans for alterations, additions or changeswritten demand therefor from time to time.
Appears in 1 contract
Permitted Alterations. After the Commencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord agrees that Tenant may(which consent shall not be unreasonably withheld or delayed, from time to time during the Lease Term, at Tenant’s sole cost and expense and after giving Landlord at least thirty except for Alterations not exceeding One Dollar (30$1.00) days’ prior notice of its intention to do so, make such alterations, additions and changes in and to the interior per square foot of the Premises (except those of a structural nature) as Tenant may find necessary or convenientin aggregate costs per year. Notwithstanding the foregoing, provided that the value of the Premises is not thereby diminished, and provided that no alterations, additions or changes which (a) cost in excess of Two Thousand Five Hundred Dollars ($2,500) for any one work of improvement or alteration, or in excess of Five Thousand Dollars ($5,000) in the aggregate for multiple works of improvement or alteration during any period of twelve (12) consecutive months during the Lease Term, or (b) are visible from the Common Areas, may be made without first procuring the prior written consent of Landlord. In no event shall Tenant make any alterationsAlterations (i) affect the exterior of the Building or the outside areas (or be visible from adjoining sites), additions (ii) affect or changes penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the storefront, structural or the exterior walls or roof mechanical components of the Premises, nor shall Tenant erect (iv) interfere in any mezzanine manner with the proper functioning of or increase Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the size of sameBuilding, if one be initially constructed, unless and until or (v) diminish the written consent of Landlord shall first have been obtained, which consent may be withheld in Landlord’s sole and arbitrary discretion. Tenant shall not make or cause to be made any penetration through the roof or demising walls value of the premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises without existing as of the prior written consent Commencement Date. No Hazardous Materials, including, but not limited to, asbestos or asbestos containing materials, shall be used by Tenant or Tenant's Agents in the construction of Landlordany Alterations permitted hereunder. All Alterations made by Tenant shall be directly and become the property of Landlord upon the installation thereof and shall not be deem Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant and return the Premises to its condition as of the Commencement Date of this Lease, normal wear and tear excepted. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all damages resulting from any violation Alterations made by or on behalf of the provisions of this Article. ▇▇▇▇▇▇ agrees to reimburse Landlord for all costs and expenses Tenant (including, including without limitation, any architect and/or engineer fees) incurred limitation by Landlord in approving or disapproving on behalf of Tenant’s plans for alterations, additions or changes) to the Premises. See Rider 8.
Appears in 1 contract
Sources: Lease Agreement (Cardima Inc)