Right to Make Alterations. Subject to the provisions of this Article 10, Tenant shall have the right to make changes, alterations or additions (collectively, “Alterations”) to the Properties that are required and necessary, in Tenant’s reasonable judgment, to operate the Use on the Properties. In addition, if the Alterations constitute a Minor Project, as defined below, or are strictly to the Tenant Retained Parcel, then Tenant may make such Alteration without prior written consent of Landlord (such Minor Project, together with required and necessary repairs, each a “Pre-Approved Alteration”); provided, however, in no event shall any Alterations be made which, after completion, would: (i) reduce or adversely affect the value of the Building as they exist at the time that such Alterations are proposed; or (ii) affect the structural integrity of the Building. Tenant will provide Landlord notice and a description of any Alterations that are not Pre-Approved Alterations. Any and all Alterations made by Tenant shall be at Tenant’s sole cost and expense. Prior to the commencement of construction, (but excluding non-structural minor maintenance or repair projects and cosmetic refresh projects involving only painting, carpeting, floor covering and installation of moveable replacement Property Equipment, unless the cost exceeds $500,000.00 (a “Minor Project”)), Tenant shall deliver promptly to Landlord detailed cost estimates for any such proposed Alterations, as well as all drawings, plans and other information regarding such Alterations (such estimates, drawings, plans and other information are collectively referred to herein as the “Alteration Information”). Delivery of the Alteration Information shall not be required for Pre-Approved Alterations. For Alterations other than Pre-Approved Alterations, Tenant must obtain Landlord’s prior written consent before making such Alteration, but Landlord agrees not to unreasonably withhold, condition or delay its consent to such Alteration. Landlord’s review of any Alteration Information shall in no event constitute any representation or warranty of Landlord regarding (x) the compliance of any Alteration Information with any governmental or legal requirements, (y) the presence or absence of any defects in any Alteration Information, or (z) the safety or quality of any of the Alterations constructed in accordance with any plans or other Alteration Information. ▇▇▇▇▇▇▇▇’s review of any of the Alteration Information shall not preclude recovery by Landlord against Tenant based upon the Alterations, the Alteration Information, or any defects therein. In making any and all Alterations, ▇▇▇▇▇▇ also shall comply with all of the following conditions: (a) No Alterations shall be undertaken until Tenant shall have (i) procured and paid for, so far as the same may be required, all necessary permits and authorizations of all governmental authorities having jurisdiction over such Alterations, and (ii) delivered to Landlord prior to commencing any such Alterations written evidence of all such required permits and authorizations. Landlord shall, to the extent necessary (but at no cost, expense, or risk of loss to Landlord), join in the application for such permits or authorizations whenever necessary, promptly upon written request of Tenant. (b) Any and all structural Alterations of the Building shall be performed under the supervision of an architect and/or structural engineer. (c) Except for Pre-Approved Alterations, Tenant shall notify Landlord at least fifteen (15) days prior to commencing any Alterations so as to permit, and Tenant shall permit, Landlord access to the relevant Property(ies) in order to post and keep posted thereon such notice(s) as may be provided or required by applicable law to disclaim responsibility for any construction on the relevant Property(ies). (d) Any and all Alterations shall be conducted and completed in a commercially reasonable time period (subject to the terms of Article 10), in a good and workmanlike manner, and in compliance with all applicable laws, municipal ordinances, building codes and permits, and requirements of all governmental authorities having jurisdiction over the relevant Property(ies), and of the local Board of Fire Underwriters, if any; and, upon completion of any and all Alterations, Tenant shall obtain and deliver to Landlord a copy of the amended certificate of occupancy for the relevant Property(ies), if required under applicable law or by governmental authority. To the extent reasonably practicable, any and all Alterations shall be made and conducted so as not to disrupt ▇▇▇▇▇▇’s business. (e) The cost of any and all Alterations shall be promptly paid by Tenant so that the Property at all times shall be free of any and all liens for labor and/or materials supplied for any Alterations subject to the next succeeding sentence. In the event any such lien shall be filed, Tenant shall, within five (5) days after receipt of notice of such lien, deliver written notice to Landlord thereof, and Tenant shall, within thirty (30) days after receipt of notice of such lien, discharge the same by bond or payment of the amount due the lien claimant. However, Tenant may in good faith contest such lien provided that within such thirty (30) day period Tenant provides Landlord with a surety bond or other form of security reasonably acceptable to Landlord, protecting against said lien. Upon written request from Landlord, Tenant shall provide Landlord promptly with evidence reasonably satisfactory to Landlord that all contractors, subcontractors or materialmen have been paid in full with respect to such Alterations and that their lien rights have been waived or released. In the event Tenant fails to either discharge such lien or protect against such lien in accordance with the foregoing, then Landlord shall have the option (but not the obligation) to pay such lien or post a bond to protect against such lien and pass through such costs to Tenant as Additional Rent. (f) Any and all Alterations to the Properties shall become the property of Landlord upon termination of this Lease (except for Tenant’s Personal Property). Landlord may, nonetheless, require Tenant to remove any fixtures, equipment, alterations and other improvements installed on the Property(ies) (the “Additional Improvements”), and restore the Property(ies) to its original condition, reasonable wear and tear and damage caused by casualty or condemnation excepted; provided that Landlord informed Tenant in writing at the time that Landlord approved Tenant’s request to install the Additional Improvements that such Additional Improvements must be removed by Tenant at the end of the Term (failing which Tenant shall not be required to remove such Additional Alterations). In addition, Tenant shall not be required to remove any fixtures, equipment, alterations and other improvements installed on the Property(ies) existing on the Propery(ties) on the Commencement Date. In the event that Landlord so elects, and Tenant fails to remove the Additional Improvements, Landlord may remove the Additional Improvements at Tenant’s cost, and Tenant shall pay Landlord on demand all reasonable costs actually incurred in removing Additional Improvements and restoration of the Premises as required.
Appears in 1 contract
Right to Make Alterations. Subject Tenant shall make no alterations, ------------------------- additions or improvements to the provisions of this Article 10Premises, Tenant shall have other than interior non-structural alterations not affecting any Building systems and costing less than Twenty-Five Thousand Dollars ($25,000.00) in each instances, without the right to make changes, alterations or additions (collectively, “Alterations”) to the Properties that are required and necessary, in Tenant’s reasonable judgment, to operate the Use on the Properties. In addition, if the Alterations constitute a Minor Project, as defined below, or are strictly to the Tenant Retained Parcel, then Tenant may make such Alteration without prior written consent of Landlord (such Minor Project, together with required and necessary repairs, each a “Pre-Approved Alteration”); provided, however, in no event shall any Alterations be made which, after completion, would: (i) reduce or adversely affect the value of the Building as they exist at the time that such Alterations are proposed; or (ii) affect the structural integrity of the BuildingLandlord. Tenant will provide shall give prior written notice to Landlord notice and a description of any Alterations alterations, additions or improvements that are do not Pre-Approved Alterations. Any and all Alterations made by Tenant shall be at Tenant’s sole cost and expense. Prior to the commencement of construction, (but excluding non-structural minor maintenance or repair projects and cosmetic refresh projects involving only painting, carpeting, floor covering and installation of moveable replacement Property Equipment, unless the cost exceeds $500,000.00 (a “Minor Project”)), Tenant shall deliver promptly to Landlord detailed cost estimates for any such proposed Alterations, as well as all drawings, plans and other information regarding such Alterations (such estimates, drawings, plans and other information are collectively referred to herein as the “Alteration Information”). Delivery of the Alteration Information shall not be required for Pre-Approved Alterations. For Alterations other than Pre-Approved Alterations, Tenant must obtain require Landlord’s 's prior written consent before making such Alterationunder the preceding sentence, but Landlord agrees not to unreasonably withhold, condition or delay its consent including copies of any plans and specifications relating to such Alterationproposed alterations, additions or improvements. Landlord’s review of any Alteration Information shall in no event constitute any representation All such alterations, additions or warranty of Landlord regarding (x) the compliance of any Alteration Information with any governmental or legal requirements, (y) the presence or absence of any defects in any Alteration Information, or (z) the safety or quality of any of the Alterations constructed in accordance with any plans or other Alteration Information. ▇▇▇▇▇▇▇▇’s review of any of the Alteration Information shall not preclude recovery by Landlord against Tenant based upon the Alterations, the Alteration Information, or any defects therein. In making any and all Alterations, ▇▇▇▇▇▇ also shall comply with all of the following conditions:
(a) No Alterations improvements shall be undertaken until Tenant shall have (i) procured and paid for, so far as the same may be required, all necessary permits and authorizations of all governmental authorities having jurisdiction over such Alterations, and (ii) delivered to Landlord prior to commencing any such Alterations written evidence of all such required permits and authorizations. Landlord shall, to the extent necessary (but at no cost, expense, or risk of loss to Landlord), join in the application for such permits or authorizations whenever necessary, promptly upon written request of Tenant.
(b) Any and all structural Alterations of the Building shall be performed under the supervision of an architect and/or structural engineer.
(c) Except for Pre-Approved Alterations, Tenant shall notify Landlord at least fifteen (15) days prior to commencing any Alterations so as to permit, and Tenant shall permit, Landlord access to the relevant Property(ies) in order to post and keep posted thereon such notice(s) as may be provided or required by applicable law to disclaim responsibility for any construction on the relevant Property(ies).
(d) Any and all Alterations shall be conducted and completed with due diligence in a commercially reasonable time period (subject to the terms of Article 10), in a good and first-class workmanlike manner, manner and in compliance with plans and specifications approved in writing by Landlord (as to alterations, additions or improvements for which Landlord's prior written consent is required) and all applicable laws, municipal ordinances, building codes rules and permits, and requirements of all governmental authorities having jurisdiction over the relevant Property(ies), and of the local Board of Fire Underwriters, if any; and, upon completion of any and all Alterations, regulations. If Tenant shall obtain and deliver wishes to Landlord a copy of the amended certificate of occupancy for the relevant Property(ies), if required under applicable law or by governmental authority. To the extent reasonably practicable, any and all Alterations shall be made and conducted so as not to disrupt ▇▇▇▇▇▇’s business.
(e) The cost of any and all Alterations shall be promptly paid by Tenant so that the Property at all times shall be free of any and all liens for labor and/or materials supplied for any Alterations subject to the next succeeding sentence. In the event any such lien shall be filed, Tenant shall, within five (5) days after receipt of notice of such lien, deliver written notice to Landlord thereof, and Tenant shall, within thirty (30) days after receipt of notice of such lien, discharge the same by bond or payment of the amount due the lien claimant. However, Tenant may know in good faith contest such lien provided that within such thirty (30) day period Tenant provides Landlord with a surety bond or other form of security reasonably acceptable to Landlord, protecting against said lien. Upon written request from Landlord, Tenant shall provide Landlord promptly with evidence reasonably satisfactory to Landlord that all contractors, subcontractors or materialmen have been paid in full with respect to such Alterations and that their lien rights have been waived or released. In the event Tenant fails to either discharge such lien or protect against such lien in accordance with the foregoing, then Landlord shall have the option (but not the obligation) to pay such lien or post a bond to protect against such lien and pass through such costs to Tenant as Additional Rent.
(f) Any and all Alterations to the Properties shall become the property of Landlord upon termination of this Lease (except for Tenant’s Personal Property). Landlord may, nonetheless, require Tenant to remove any fixtures, equipment, alterations and other improvements installed on the Property(ies) (the “Additional Improvements”), and restore the Property(ies) to its original condition, reasonable wear and tear and damage caused by casualty or condemnation excepted; provided that Landlord informed Tenant in writing at the time that Landlord approved Tenant’s request to install the Additional Improvements that such Additional Improvements must be removed by Tenant at the end of the Term (failing which Tenant shall not be required to remove such Additional Alterations). In addition, Tenant shall not advance whether it will be required to remove any fixturesspecific alteration, equipmentaddition, alterations or improvement upon termination of this Lease, as contemplated in Section 7.2 hereof, then Tenant shall make an express request for such a determination by Landlord at the time Tenant requests Landlord's approval of, or gives Landlord prior notice of, the applicable alteration, addition or improvement; if Tenant makes such a written request and other improvements installed on the Property(ies) existing on the Propery(ties) on the Commencement Date. In the event Landlord does not, in response thereto, advise Tenant that Landlord so elects, and Tenant fails intends to remove require (or at least to reserve the Additional Improvements, Landlord may remove the Additional Improvements at Tenant’s cost, and Tenant shall pay Landlord on demand all reasonable costs actually incurred in removing Additional Improvements and restoration right to require) removal of the Premises as requiredapplicable alteration, addition or improvement upon termination of this Lease, then Landlord shall not be entitled to later request such removal, notwithstanding any contrary provisions in Section 7.2 hereof.
Appears in 1 contract
Sources: Lease Agreement (Documentum Inc)
Right to Make Alterations. Subject Tenant shall make no alterations, additions ------------------------- or improvements to the Premises, the buildings in which the Premises are located or the Center, other than (i) alterations, additions or improvements to Tenant's Property (as defined in, and subject to the provisions of this Article 10of, Tenant shall have Section 9.2 below), and/or (ii) other interior non-structural alterations costing less than Fifty Thousand Dollars ($50,000.00) in the right to make changesaggregate during any twelve (12) month period, alterations or additions (collectively, “Alterations”) to without the Properties that are required and necessary, in Tenant’s reasonable judgment, to operate the Use on the Properties. In addition, if the Alterations constitute a Minor Project, as defined below, or are strictly to the Tenant Retained Parcel, then Tenant may make such Alteration without prior written consent of Landlord (such Minor ProjectLandlord, together with required and necessary repairs, each a “Pre-Approved Alteration”); provided, however, in no event shall any Alterations be made which, after completion, would: (i) reduce or adversely affect the value of the Building as they exist at the time that such Alterations are proposed; or (ii) affect the structural integrity of the Building. Tenant will provide Landlord notice and a description of any Alterations that are not Pre-Approved Alterations. Any and all Alterations made by Tenant shall be at Tenant’s sole cost and expense. Prior to the commencement of construction, (but excluding non-structural minor maintenance or repair projects and cosmetic refresh projects involving only painting, carpeting, floor covering and installation of moveable replacement Property Equipment, unless the cost exceeds $500,000.00 (a “Minor Project”)), Tenant shall deliver promptly to Landlord detailed cost estimates for any such proposed Alterations, as well as all drawings, plans and other information regarding such Alterations (such estimates, drawings, plans and other information are collectively referred to herein as the “Alteration Information”). Delivery of the Alteration Information which consent shall not be required for Pre-Approved Alterationsunreasonably withheld or delayed. For Alterations other than Pre-Approved AlterationsAll such alterations, Tenant must obtain Landlord’s prior written consent before making such Alteration, but Landlord agrees not to unreasonably withhold, condition or delay its consent to such Alteration. Landlord’s review of any Alteration Information shall in no event constitute any representation or warranty of Landlord regarding (x) the compliance of any Alteration Information with any governmental or legal requirements, (y) the presence or absence of any defects in any Alteration Information, or (z) the safety or quality of any of the Alterations constructed in accordance with any plans or other Alteration Information. ▇▇▇▇▇▇▇▇’s review of any of the Alteration Information shall not preclude recovery by Landlord against Tenant based upon the Alterations, the Alteration Information, or any defects therein. In making any additions and all Alterations, ▇▇▇▇▇▇ also shall comply with all of the following conditions:
(a) No Alterations improvements shall be undertaken until Tenant shall have (i) procured and paid for, so far as the same may be required, all necessary permits and authorizations of all governmental authorities having jurisdiction over such Alterations, and (ii) delivered to Landlord prior to commencing any such Alterations written evidence of all such required permits and authorizations. Landlord shall, to the extent necessary (but at no cost, expense, or risk of loss to Landlord), join in the application for such permits or authorizations whenever necessary, promptly upon written request of Tenant.
(b) Any and all structural Alterations of the Building shall be performed under the supervision of an architect and/or structural engineer.
(c) Except for Pre-Approved Alterations, Tenant shall notify Landlord at least fifteen (15) days prior to commencing any Alterations so as to permit, and Tenant shall permit, Landlord access to the relevant Property(ies) in order to post and keep posted thereon such notice(s) as may be provided or required by applicable law to disclaim responsibility for any construction on the relevant Property(ies).
(d) Any and all Alterations shall be conducted and completed with due diligence in a commercially reasonable time period (subject to the terms of Article 10), in a good and first-class workmanlike manner, in compliance with plans and specifications approved in writing by Landlord and in compliance with all applicable laws, municipal ordinances, building codes rules and permitsregulations, and requirements of all governmental authorities having jurisdiction over to the relevant Property(ies)extent Landlord's consent is not otherwise required hereunder for such alterations, and of the local Board of Fire Underwriters, if any; and, upon completion of any and all Alterationsadditions or improvements, Tenant shall obtain and deliver give prompt written notice thereof to Landlord a copy of the amended certificate of occupancy for the relevant Property(ies), if required under applicable law or by governmental authorityLandlord. To the extent reasonably practicable, Tenant shall cause any and all Alterations shall be made and conducted so as not to disrupt ▇▇▇▇▇▇’s business.
(e) The cost of any and all Alterations shall be promptly paid contractors engaged by Tenant so that for work in the Premises or on the Property at all times to maintain public liability and property damage insurance, and other customary insurance, with such terms and in such amounts as Landlord may reasonably require, naming as additional insureds Landlord and any of its partners, shareholders, property managers and lenders designated by Landlord for this purpose, and shall be free furnish Landlord with certificates of insurance or other evidence that such coverage is in effect. Notwithstanding any and all liens for labor and/or materials supplied for other provisions of this Section 9.1, under no circumstances shall Tenant make any Alterations subject structural alterations or improvements, or any substantial changes to the next succeeding sentenceroof or substantial equipment installations on the roof, or any substantial changes or alterations to the building systems, without Landlord's prior written consent (which consent shall not be unreasonably withheld or delayed). In the event If Tenant so requests in seeking Landlord's consent to any such lien shall be filedalterations, Tenant shalladditions or improvements, within five (5) days after receipt of notice of such lien, deliver written notice to Landlord thereof, and Tenant shall, within thirty (30) days after receipt of notice of such lien, discharge the same by bond or payment of the amount due the lien claimant. However, Tenant may in good faith contest such lien provided that within such thirty (30) day period Tenant provides Landlord with a surety bond or other form of security reasonably acceptable to Landlord, protecting against said lien. Upon written request from Landlord, Tenant shall provide Landlord promptly with evidence reasonably satisfactory to Landlord that all contractors, subcontractors or materialmen have been paid in full with respect to such Alterations and that their lien rights have been waived or released. In the event Tenant fails to either discharge such lien or protect against such lien in accordance with the foregoing, then Landlord shall have the option specify in granting such consent whether Landlord intends to require that Tenant remove such alterations, additions or improvements (but not the obligationor any specified portions thereof) to pay such lien upon expiration or post a bond to protect against such lien and pass through such costs to Tenant as Additional Rent.
(f) Any and all Alterations to the Properties shall become the property of Landlord upon termination of this Lease (except for Tenant’s Personal Property)Lease. Landlord mayshall receive no fee for supervision, nonethelessprofit, require Tenant to remove overhead or general conditions in connection with any fixturesalterations, equipment, alterations and other additions or improvements constructed or installed on the Property(ies) (the “Additional Improvements”), and restore the Property(ies) to its original condition, reasonable wear and tear and damage caused by casualty or condemnation excepted; provided that Landlord informed Tenant in writing at the time that Landlord approved Tenant’s request to install the Additional Improvements that such Additional Improvements must be removed by Tenant at the end of the Term (failing which Tenant shall not be required to remove such Additional Alterations). In addition, Tenant shall not be required to remove any fixtures, equipment, alterations and other improvements installed on the Property(ies) existing on the Propery(ties) on the Commencement Date. In the event that Landlord so elects, and Tenant fails to remove the Additional Improvements, Landlord may remove the Additional Improvements at Tenant’s cost, and Tenant shall pay Landlord on demand all reasonable costs actually incurred in removing Additional Improvements and restoration of the Premises as requiredunder this Lease.
Appears in 1 contract
Sources: Lease (Cor Therapeutics Inc / De)