Alterations Clause Example with 8 Variations from Business Contracts

This page contains Alterations clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Alterations. (a) Subtenant shall make no alterations, installations, changes, renovations, additions, replacements or improvements ("Alterations") in or to the Subleased Premises, including, without limitation, the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1014 instance, obtaining (i) the prior written consent of Master Landlord if and to the extent required under the Master Lease, and (ii) the prior written consent of Sublandlord which shall not be unreasonably withheld, ...conditioned or delayed. All Alterations shall be performed in compliance with and subject to the terms and provisions of the Master Lease as incorporated herein. Without limiting the forgoing, all Alterations will be performed by contractors reasonably approved by Sublandlord, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Except as expressly set forth in this Sublease to the contrary, Subtenant shall be obligated to remove any Alterations performed by or on behalf of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises at the expiration or early termination of the Term to substantially the same condition prior to such Alterations or the Subtenant Improvements; provided, however, to the extent Master Landlord and Sublandlord do not require removal of certain Alterations and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove such Alteration at the end of the Term. Subtenant shall not be obligated to remove any Alterations existing in the Subleased Premises as of the Commencement Date. Subtenant shall be required to remove from the Subleased Premises any equipment comprising Subtenant's voice, or data systems, including associated wires, wiring trays and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless of whether Sublandlord or Subtenant installed and/or paid for the installation of such systems; provided, however, to the extent Master Landlord and Sublandlord do not require removal of all or any portion of Subtenant's Data Systems and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove the same at the end of the Term. (c) Sublandlord hereby consents to Subtenant's performance of the modifications to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed in accordance with and subject to the terms and conditions of the Master Lease and this Sublease. Subtenant shall reimburse Sublandlord for all Master Landlord's charges under the Master Lease relating to any alterations, additions or improvements to the Subleased Premises, including, without limitation, charges in connection with Master Landlord's review of any of Subtenant's plans for alterations, additions or improvements to the Subleased Premises, Master Landlord's inspection of such alterations, additions or improvements, and Master Landlord's oversight and supervision of same. Sublandlord shall not charge Subtenant any fees for Sublandlord's supervision or inspection in connection with Subtenant's alterations, additions or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees and costs shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to the Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant shall be required to remove any of the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, to the extent Master Landlord does not require such removal and restoration, Subtenant may, at its option, elect to not remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, including without limitation the Subtenant Improvements, to be removed at the end of the Term. DMEAST #35029637 v1015 11. Parking. Subject to the terms and provisions of the Master Lease, Subtenant shall have the right to use one hundred fifty (150) unreserved parking spaces on the Property. Subtenant shall have no right to any reserved parking spaces. View More

Variations of a "Alterations" Clause from Business Contracts

Alterations. (a) Subtenant shall may make no alterations, installations, changes, renovations, additions, replacements or improvements ("Alterations") in or to the Subleased Premises, including, without limitation, the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1014 instance, obtaining (i) the prior written consent of Master Landlord if and to the extent required under the Master Lease, and (ii) the prior written consent of Sublandlord which shall not be unreasonably withhe...ld, conditioned or delayed. All Alterations shall be performed in compliance with and subject to the terms and provisions of the Master Lease as incorporated herein. Without limiting the forgoing, all Alterations will be performed by contractors reasonably approved by Sublandlord, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Except as expressly set forth in this Sublease to the contrary, Subtenant shall be obligated to remove any Alterations performed by or on behalf of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises at the expiration or early termination of the Term to substantially the same condition prior to such Alterations or the Subtenant Improvements; provided, however, to the extent Master Landlord and Sublandlord do not require removal of certain Alterations and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove such Alteration at the end of the Term. Subtenant shall not be obligated to remove any Alterations existing in the Subleased Premises as of the Commencement Date. Subtenant shall be required to remove from the Subleased Premises any equipment comprising Subtenant's voice, or data systems, including associated wires, wiring trays and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless of whether Sublandlord or Subtenant installed and/or paid for the installation of such systems; provided, however, to the extent Master Landlord and Sublandlord do not require removal of all or any portion of Subtenant's Data Systems and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove the same at the end of the Term. (c) Sublandlord hereby consents to Subtenant's performance of the modifications to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed in accordance with and subject to the terms and conditions of the Master Lease and this Sublease. Subtenant shall reimburse Sublandlord for all Master Landlord's charges under the Master Lease relating to any alterations, additions or improvements to the Subleased Premises, including, without limitation, charges in connection Premises (the "Alterations"), only with the prior written consent of Tenant and, to the extent required by the Master Landlord's review of Lease, Landlord. The term "Alterations" shall not include: (i) any of Subtenant's plans for alterations, additions Work approved by Tenant pursuant to Exhibit 4, and (ii)the installation of shelves, movable partitions, or Subtenant's equipment and trade fixtures, which may be installed and removed without damaging existing improvements to or the structural integrity of the Subleased Premises, Master Landlord's inspection of such alterations, additions Premises, Building, or improvements, Property, and Master Landlord's oversight and supervision of same. Sublandlord Tenant's consent shall not charge Subtenant any fees for Sublandlord's supervision or inspection in connection with Subtenant's alterations, additions or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees and costs shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to the Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant shall be required to remove any for Subtenant's installation of the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, those items except to the extent Tenant must obtain the consent of Landlord under the Master Landlord does not require Lease for such removal installations. Subtenant shall perform all work within the Subleased Premises at Subtenant's expense in compliance with all applicable laws and restoration, Subtenant may, at its option, elect shall complete all Alterations in accordance with plans and specifications approved by Tenant, using contractors approved by Tenant, and in a manner so as to not unreasonably interfere with other tenants. Subtenant shall pay when due, all claims for labor or materials furnished to or for Subtenant at or for use in the Subleased Premises, which claims are or may be secured by any mechanics' or materialmens' liens against the Subleased Premises or Property or any interest therein and Subtenant shall defend, indemnify and hold harmless Tenant and Landlord from and against any liens placed on the Subleased Premises to the extent required in the Master Lease. Except as otherwise provided in the Work Letter attached as Exhibit 4 with respect to Subtenant's Work, Subtenant shall remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, including without limitation the Subtenant Improvements, to be removed all Alterations at the end of the Term. DMEAST #35029637 v1015 11. Parking. Subject Sublease term unless Tenant conditioned its consent upon Subtenant leaving a specified Alteration at the Subleased Premises, in which case Subtenant shall not remove such Alteration and it shall become Tenant's property. Subtenant shall immediately repair any damage to the terms and provisions Subleased Premises or adjacent portions of the Master Lease, Subtenant shall have the right to use one hundred fifty (150) unreserved parking spaces on the Property. Subtenant shall have no right to any reserved parking spaces. Premises, Building and Property caused by installation and/or removal of improvements performed as part of Subtenant's Work and/or Alterations. View More
Alterations. (a) a. Subtenant shall not make no alterations, installations, changes, renovations, additions, replacements any alteration or improvements ("Alterations") physical addition (the "Alterations") in or to the Subleased Premises, including, without limitation, the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1014 instance, obtaining (i) the prior written consent of Master Landlord if and to the extent required under the Master Lease, and (ii) the prior written conse...nt of Sublandlord which and Master Lessor (if required pursuant to the Master Lease). Any requests by Subtenant to make Alterations must be provided to Sublandlord in writing together with a detail of all Alterations to be made to the Premises. If any Alterations are made without consent, Sublandlord may remove the same, and may repair and restore the Premises and any damage arising from such removal and Subtenant shall be liable for any and all costs and expenses incurred by Sublandlord in the performance of this work. b. Following approval thereof as described in Section 7(a) above, Subtenant may have any Alterations performed by contractors of its own choice, at its expense, provided that Subtenant has obtained written approval of the contractor by Sublandlord and Master Lessor (if required pursuant to the Master Lease). The design of all Alterations undertaken by Subtenant shall be subject to prior written approval of Sublandlord and Master Lessor (if required pursuant to the Master Lease) and shall not be unreasonably withheld, conditioned or delayed. All Alterations commenced until such approval is obtained. Sublandlord shall at all times have the right during normal business hours to inspect the work performed by Subtenant. Any work performed by Subtenant shall be performed done in each case in a good and workmanlike manner in full compliance with all applicable laws, regulations, permits and codes and otherwise in compliance with and subject to the all terms and provisions conditions of the Master Lease and, in addition, all insurance coverage related to such Alterations shall name Sublandlord and Master Lessor as additional insureds and certificate holders. c. Subtenant shall, at the end of the Term hereof, upon request of Sublandlord or Master Lessor, remove the Alterations, repair all damage resulting from such removal, and restore the Premises to the condition as of the date possession was delivered to Subtenant. If Subtenant fails or refuses to remove such Alterations, or fails to repair or restore the Premises, Master Lessor or Sublandlord may cause the same to be removed and repairs and restoration to be made, in which event Subtenant shall reimburse to the party who caused said Alterations to be removed and repairs made, the cost of such removal, repairs and restoration, together with any and all damages which Master Lessor or Sublandlord may sustain by reason of Subtenant's failure or refusal to remove the Alterations. 2 9. Terms of Master Lease. All of the terms, provisions, covenants and conditions of both the Master Lease are incorporated herein. Without limiting herein and are superior to this Sublease, except as otherwise expressly provided, and except that Subtenant shall be obligated to pay only the forgoing, Base Rent and Subtenant's Additional Rent provided for in this Sublease. Subtenant agrees to comply with all Alterations will be performed by contractors reasonably approved by applicable terms and conditions of the Master Lease. In the event of any inconsistency between the terms of the Master Lease and this Sublease, the terms of the Master Lease shall control. As between the parties hereto, Subtenant hereby assumes all of the obligations of the Sublandlord, which approval as tenant, under the Master Lease, but only to the extent they are applicable to the Premises. Sublandlord shall not be unreasonably withheld, conditioned or delayed. (b) Except have all of the rights and remedies of landlord under the Master Lease as expressly set forth against Subtenant. Notwithstanding anything in this Sublease to the contrary, Subtenant shall be obligated to remove any Alterations performed by or on behalf of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises at the expiration or early termination of the Term to substantially the same condition prior to such Alterations or the Subtenant Improvements; provided, however, to the extent Master Landlord and agrees that Sublandlord do not require removal of certain Alterations and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove such Alteration at the end of the Term. Subtenant shall not be obligated to remove furnish for Subtenant any Alterations existing in services of any nature, including without limitation, the Subleased Premises as furnishing of the Commencement Date. Subtenant heat, electrical energy, air conditioning, elevator service, cleaning, window washing or rubbish removal services; however, Sublandlord shall be required obligated to remove from take all action available to Sublandlord to obtain the Subleased Premises any equipment comprising Subtenant's voice, or data systems, including associated wires, wiring trays performance of and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless furnishing of whether Sublandlord or Subtenant installed and/or paid such services for the installation of such systems; provided, however, to the extent Premises by Master Landlord and Sublandlord do not require removal of all or any portion of Subtenant's Data Systems and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove the same at the end of the Term. (c) Sublandlord hereby consents to Subtenant's performance of the modifications to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed in accordance with and subject Lessor pursuant to the terms and conditions of the Master Lease and this Sublease. Subtenant shall reimburse Sublandlord for all Master Landlord's charges under the Master Lease relating to any alterations, additions or improvements to the Subleased Premises, including, without limitation, charges in connection with Master Landlord's review of any of Subtenant's plans for alterations, additions or improvements to the Subleased Premises, Master Landlord's inspection of such alterations, additions or improvements, and Master Landlord's oversight and supervision of same. Sublandlord shall not charge Subtenant any fees for Sublandlord's supervision or inspection in connection with Subtenant's alterations, additions or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees and costs shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to the Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant shall be required to remove any of the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, to the extent Master Landlord does not require such removal and restoration, Subtenant may, at its option, elect to not remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, including without limitation the Subtenant Improvements, to be removed at the end of the Term. DMEAST #35029637 v1015 11. Parking. Subject to the terms and provisions of the Master Lease, provided, however, Sublandlord shall not be liable to Subtenant shall have the right to use one hundred fifty (150) unreserved parking spaces in damages or otherwise, if, after reasonable diligence on the Property. part of Sublandlord, Master Lessor shall fail to perform such obligations. Subtenant acknowledges that it has received a true copy of the Master Lease, that it has reviewed the Master Lease, that it is familiar with the contents thereof and that the Master Lease shall have no right to any reserved parking spaces. be held by Subtenant, its partners and employees in strict confidence. View More
Alterations. (a) Subtenant 11.1Subtenant shall not make no any alterations, installations, changes, renovations, additions, replacements improvements, or improvements ("Alterations") installations in or to the Subleased Premises, including, Sublease Premises or remove any alterations, improvements or equipment from the Sublease Premises without limitation, the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1014 instance, obtaining (i) the prior written consent of Master Landlor...d if and to the extent required under the Master Lease, and (ii) the prior written consent of Sublandlord which shall not be unreasonably withheld, conditioned and Master Landlord (if required by the Master Lease). Any permitted alterations, additions or delayed. All Alterations improvements shall be performed completed in compliance a first-class manner using all new equipment, furnishings and fixtures. Subtenant shall submit its plans and specifications for its initial improvements to Sublandlord as soon as practicable after the execution of this Sublease. Subtenant shall perform all work in accordance with and subject to the terms and provisions requirements of the Master Lease as incorporated herein. Without limiting the forgoing, all Alterations will be performed by contractors reasonably approved by Sublandlord, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Except as expressly set forth in this Sublease to the contrary, Subtenant shall be obligated to remove any Alterations performed by or on behalf of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises Lease, at Subtenant's sole expense. 11.2Upon the expiration or early termination of the Term to substantially the same condition prior to such Alterations Sublease, Subtenant shall (a) remove any of its movable equipment, trade fixtures, personal property, furniture, or the Subtenant Improvements; provided, however, any other of its items that can be removed without material harm to the extent Master Landlord and Sublandlord do not require removal of certain Alterations and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove such Alteration at the end of the Term. Subtenant shall not be obligated to remove any Alterations existing improvements in the Subleased Premises as Building; and (b) shall remove all of the Commencement Date. Subtenant shall be required its Alterations it is require to remove from the Subleased Sublease Premises any equipment comprising Subtenant's voice, or data systems, including associated wires, wiring trays and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless of whether Sublandlord or Subtenant installed and/or paid for the installation of such systems; provided, however, to the extent Master Landlord and Sublandlord do not require removal of all or any portion of Subtenant's Data Systems and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove the same at the end of the Term. (c) Sublandlord hereby consents to Subtenant's performance of the modifications to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed in accordance with and subject to the terms and conditions Section 9.2 of the Master Lease and this Sublease. Subtenant shall reimburse Sublandlord for all Master Landlord's charges under the Master Lease relating to Lease. 11.3Before commencing any alterations, additions or improvements using outside contractor and subject to the Subleased Premises, including, without limitation, charges in connection with Master Landlord's review of any of Subtenant's plans for alterations, additions or improvements to the Subleased Premises, Master Landlord's inspection of such alterations, additions or improvements, and Master Landlord's oversight and supervision of same. Sublandlord shall not charge Subtenant any fees for Sublandlord's supervision or inspection in connection with Subtenant's alterations, additions or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees and costs shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to the Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant shall be required to remove any of the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, to the extent Master Landlord does not require such removal and restoration, Subtenant may, at its option, elect to not remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, including without limitation the Subtenant Improvements, to be removed at the end of the Term. DMEAST #35029637 v1015 11. Parking. Subject to the terms and provisions Section 9 of the Master Lease, Subtenant shall have notify Sublandlord of the right expected commencement and completion dates of the work and shall permit Sublandlord and Master Landlord to use one hundred fifty (150) unreserved parking spaces post a notice of non-responsibility on the Property. Sublease Premises. Subtenant shall have no right not permit any mechanics' or materialmen's liens to be levied against the Sublease Premises or the property on which it is located for any reserved parking spaces. labor or material furnished to Subtenant or to its agents or contractors and shall indemnify and hold Sublandlord and Master Landlord harmless from and against any such claims. If Subtenant has not removed any lien within ten (10) days after the lien is filed, then Sublandlord may pay the Lienholder and Subtenant shall reimburse Sublandlord for such costs as additional rent. View More
Alterations. (a) The parties agree that Subtenant is taking the Subleased Premises as is, where is, and with all faults. Subtenant shall not make no any alterations, installations, changes, renovations, additions, replacements additions or improvements ("Alterations") in or to the Subleased Premises, including, Premises without limitation, the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1014 instance, obtaining (i) the prior written consent of Master Landlord if and Sublandl...ord, which consent Sublandlord shall not withhold in the event Landlord consents to the extent required under the Master Lease, same. All alterations, additions and (ii) the prior written consent of Sublandlord which shall not improvements that are approved must be unreasonably withheld, conditioned or delayed. All Alterations made at Subtenant's sole cost and expense and shall be performed completed in compliance accordance with and subject to the terms and provisions Article IX of the Master Lease as incorporated herein. Without limiting Original Lease. At the forgoing, all Alterations will be performed by contractors reasonably approved by Sublandlord, time Sublandlord and Landlord approves any of Subtenant's alterations, additions or improvements, Sublandlord and Landlord shall notify Subtenant which approval shall not be unreasonably withheld, conditioned of the subject alterations, additions or delayed. (b) Except as expressly set forth in this Sublease to the contrary, Subtenant improvements shall be obligated required to remove any Alterations performed be removed by or on behalf of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises at the expiration or early termination of the Term to substantially the same condition prior to such Alterations or the Subtenant Improvements; provided, however, to the extent Master Landlord and Sublandlord do not require removal of certain Alterations and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove such Alteration at the end of the Term. If either Landlord or Sublandlord shall give such notice, Subtenant shall remove the same prior to the expiration of the Term in accordance with Section 14 hereof. Notwithstanding the foregoing or anything to the contrary contained in this Sublease, Subtenant shall not be obligated to remove any Alterations existing in the Subleased Premises as of the Commencement Date. Subtenant shall be required to remove from the Subleased Premises any equipment comprising Subtenant's voice, or data systems, including associated wires, wiring trays and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless of whether Sublandlord or Subtenant installed and/or paid for the installation of such systems; provided, however, to the extent Master Landlord and Sublandlord do not require removal of all or any portion of Subtenant's Data Systems and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove the same at the end of the Term. (c) Sublandlord hereby consents to Subtenant's performance of the modifications to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed in accordance with and subject to the terms and conditions of the Master Lease and this Sublease. Subtenant shall reimburse Sublandlord for all Master Landlord's charges under the Master Lease relating to any alterations, additions or improvements to the Subleased Premises, including, without limitation, charges in connection with Master Landlord's review of any of Subtenant's plans for unless such alterations, additions or improvements to are Atypical Improvements (as such term is defined in the Subleased Premises, Master Landlord's inspection of such alterations, additions or improvements, and Master Landlord's oversight and supervision of same. Sublandlord shall not charge Subtenant any fees for Sublandlord's supervision or inspection in connection with Subtenant's alterations, additions or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees and costs shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to the Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant shall be required to remove any of the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, to the extent Master Landlord does not require such removal and restoration, Subtenant may, at its option, elect to not remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, including without limitation the Subtenant Improvements, to be removed at the end of the Term. DMEAST #35029637 v1015 11. Parking. Subject to the terms and provisions of the Master Lease, Subtenant shall have the right to use one hundred fifty (150) unreserved parking spaces on the Property. Subtenant shall have no right to any reserved parking spaces. Original Lease). View More
Alterations. (a) In addition to, and without limitation of the restrictions and limitations on alterations, additions or improvements as set forth in the Master Lease, Subtenant shall not make no any improvements, alterations, installations, changes, renovations, additions, replacements changes or improvements ("Alterations") in or modifications to the Subleased Premises, including, Sublease Premises (other than minor cosmetic alterations that do not affect the Building, the Building structural components, t...he Building exterior, the Building's electrical and mechanical and cannot be seen from outside the Sublease Premises) without limitation, first obtaining the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1014 instance, obtaining (i) the prior written consent of Sublandlord and Master Landlord if and Landlord. Sublandlord's consent to the extent required under the Master Lease, and (ii) alterations shall not be unreasonably withheld. Sublandlord shall provide its consent or a detailed response as to why such consent is being withheld with respect to Subtenant's proposed alterations or improvements within ten (10) business days after Subtenant has delivered such request to Sublandlord. Subtenant must obtain the prior written consent of Sublandlord which and Master Landlord to all proposed plans, drawings, consultants and contractors prior to performing any such alterations (other than minor cosmetic alterations that do not affect the Building, the Building structural components, the Building exterior, the Building's electrical and mechanical and cannot be seen from outside the Sublease Premises). Sublandlord hereby approves the Alteration Plans in the form attached hereto as Exhibit C; provided that Subtenant shall obtain Sublandlord's prior written consent (such consent not to be unreasonably withheld, conditioned or delayed. All Alterations delayed) to any modifications to the Alteration Plans. If any alterations are permitted by Sublandlord and Master Landlord, such alterations shall be performed at Subtenant's sole cost and expense and in compliance accordance with all of the terms of this Sublease and subject the Master Lease, and Subtenant shall pay any fees or costs payable to Master Landlord or otherwise incurred in connection therewith. Sublandlord shall bear no cost or expense or liability in connection with any such alterations. Subtenant shall provide Sublandlord with written evidence satisfactory to Sublandlord and/or Master Landlord that all contractors, suppliers and vendors have been paid in full for services related to the terms Sublease Premises, which shall include, but not be limited to, executed unconditional mechanic's lien releases complying with California Civil Code Sections 8134 and provisions 8138 from all contractors, suppliers and vendors performing any alterations or improvements in the Sublease Premises. Subtenant shall indemnify, defend and hold harmless Sublandlord and Master Landlord for any claims, damages or liabilities (including attorneys' fees and legal costs) related to or arising from any liens or encumbrances placed on the Building or Sublease Premises related to Subtenant's alterations or improvements. If Subtenant fails to timely discharge any liens in the manner and within the timelines prescribed by Section 8(c) of the Master Lease, then Sublandlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord has invoiced Subtenant therefor. Subtenant shall comply in all respects with the Master Lease as incorporated herein. Without limiting it relates to any alteration and/or improvement work. 5 Upon the forgoing, all Alterations will be performed by contractors reasonably approved by Sublandlord, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Except as expressly set forth in this expiration of the Sublease to the contrary, Term, Subtenant shall be obligated to remove any Alterations performed improvements or alterations required to be removed by or on behalf of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises at the expiration or early termination of the Term to substantially the same condition prior to such Alterations or the Subtenant Improvements; provided, however, to the extent Master Landlord and Sublandlord do not require removal of certain Alterations repair any damage caused by such removal, and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove such Alteration at the end of the Term. Subtenant shall not be obligated to remove any Alterations existing in the Subleased Premises as of the Commencement Date. Subtenant shall be required to remove from the Subleased Premises any equipment comprising Subtenant's voice, or data systems, including associated wires, wiring trays and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless of whether Sublandlord or Subtenant installed and/or paid for the installation of such systems; provided, however, to the extent Master Landlord and Sublandlord do not require removal of all or any portion of Subtenant's Data Systems and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove the same at the end of the Term. (c) Sublandlord hereby consents to Subtenant's performance of the modifications to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed in accordance otherwise comply with and subject to the terms and conditions of the Master Lease and this Sublease. as it relates to surrender/restoration. Further, upon the expiration of the Sublease Term, Subtenant shall reimburse Sublandlord for all Master Landlord's charges under the Master Lease relating to any alterations, additions or improvements to the Subleased Premises, including, remove its personal property and furniture (including, without limitation, charges in connection with Master Landlord's review of the furniture conveyed by Sublandlord to Subtenant) and repair any of Subtenant's plans for alterations, additions or improvements to the Subleased Premises, Master Landlord's inspection of damage caused by such alterations, additions or improvements, and Master Landlord's oversight and supervision of same. Sublandlord shall not charge Subtenant any fees for Sublandlord's supervision or inspection in connection with Subtenant's alterations, additions or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees and costs shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to the Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant shall be required to remove any of the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, to the extent Master Landlord does not require such removal and restoration, Subtenant may, at its option, elect to not remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, including without limitation the Subtenant Improvements, to be removed at the end of the Term. DMEAST #35029637 v1015 11. Parking. Subject to the terms and provisions of the Master Lease, Subtenant shall have the right to use one hundred fifty (150) unreserved parking spaces on the Property. Subtenant shall have no right to any reserved parking spaces. removal. View More
Alterations. (a) Subtenant shall make no alterations, installations, changes, renovations, additions, replacements or improvements ("Alterations") in or to the Subleased Premises, including, without limitation, the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1014 instance, obtaining (i) the prior written consent of Master Landlord if and to the extent required under the Master Lease, and (ii) the prior written consent of Sublandlord which shall not be unreasonably withheld, ...conditioned or delayed. All Alterations shall be performed in compliance with and subject to the terms and provisions of the Master Lease as incorporated herein. Without limiting the forgoing, all Alterations will be performed by contractors reasonably approved by Sublandlord, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Except as expressly set forth in this Sublease to the contrary, Subtenant shall be obligated to remove any Alterations performed by or on behalf of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises at the expiration or early termination of the Term to substantially the same condition prior to such Alterations or the Subtenant Improvements; provided, however, to the extent Master Landlord and Sublandlord do not require removal of certain (1) Alterations and restoration of the Subleased Premises, Improvements by Subtenant. Subtenant may, at its option, elect to will not remove such Alteration at the end of the Term. Subtenant shall not be obligated to remove any Alterations existing in the Subleased Premises as of the Commencement Date. Subtenant shall be required to remove from the Subleased Premises any equipment comprising Subtenant's voice, or data systems, including associated wires, wiring trays and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless of whether Sublandlord or Subtenant installed and/or paid for the installation of such systems; provided, however, to the extent Master Landlord and Sublandlord do not require removal of all or any portion of Subtenant's Data Systems and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove the same at the end of the Term. (c) Sublandlord hereby consents to Subtenant's performance of the modifications to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed in accordance with and subject to the terms and conditions of the Master Lease and this Sublease. Subtenant shall reimburse Sublandlord for all Master Landlord's charges under the Master Lease relating to make any alterations, additions or improvements to the Subleased Premises, including, Sublease Premises ("Alterations") without limitation, charges in connection with Master Landlord's review obtaining the prior written consent of Sublandlord, which Sublandlord shall not unreasonably withhold, condition or delay, and, if such consent is required under the Prime Lease, the making of such Alterations shall also be subject to prior written consent of Sublandlord and Prime Landlord, which Sublandlord shall request, and/or cause to be requested, pursuant to the provisions of this Sublease. The term "Alterations" includes any of Subtenant's plans for alterations, additions or improvements made by Subtenant to comply with the ADA as required in Section 11 below. All Alterations must be constructed (i) in a good and workmanlike manner using materials of a quality comparable to those on the Sublease Premises, (ii) in conformance with all relevant codes, regulations and ordinances and (iii) only after necessary permits, licenses and approvals have been obtained by Subtenant from the appropriate governmental agencies. All Alterations will be made at Subtenant's sole cost and diligently prosecuted to completion. Any contractor or other person making any Alterations must first be approved in writing by Sublandlord (such approval not to be unreasonably withheld, conditioned or delayed) and, if such approval is required under the Prime Lease, by Sublandlord and Prime Landlord. (2) Disposition on Termination. Upon the expiration of the Term or earlier termination of this Sublease, Sublandlord may elect to have Subtenant either (i) surrender with the Sublease Premises any or all of the Subtenant's Alterations as Sublandlord may determine (except Personal Property as provided in Section 10 below), which Alterations will become the property of Sublandlord, or (ii) promptly remove any or all of the Subtenant's Alterations designated by Sublandlord to be removed, in which case Subtenant must, at Subtenant's sole cost, repair and restore the Sublease Premises to its condition as of the Commencement Date, reasonable wear and tear excepted. Notwithstanding anything herein to the Subleased Premises, Master Landlord's inspection of such alterations, additions or improvements, and Master Landlord's oversight and supervision of same. Sublandlord contrary, Subtenant shall not charge Subtenant any fees for Sublandlord's supervision or inspection in connection with Subtenant's alterations, additions or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees and costs shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to the Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant shall be required to remove any Subtenant's Alterations unless such removal is required pursuant to the terms of the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, Prime Lease. Notwithstanding anything herein to the extent Master Landlord does contrary, in no event shall Subtenant have any obligation to remove any Alterations which were not require such removal and restoration, Subtenant may, at its option, elect to not remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, constructed or performed by Subtenant, including without limitation any Alterations constructed or performed by or for Sublandlord during the Subtenant Improvements, to be removed at the end term of the Term. DMEAST #35029637 v1015 11. Parking. Subject to Sublease, or by or for Sublandlord during the terms and provisions term of the Master Lease, Subtenant shall have the right to use one hundred fifty (150) unreserved parking spaces on the Property. Subtenant shall have no right to any reserved parking spaces. Prime Lease. View More
Alterations. (a) A. Subtenant shall make no alterations, installations, changes, renovations, additions, replacements additions or improvements ("Alterations") (collectively, "Alterations") in or to the Subleased Premises, including, Demised Premises of any nature without limitation, Sublandlord's prior consent, which consent shall be in Sublandlord's sole discretion. The foregoing notwithstanding, Sublandlord's consent shall not be required for (i) mere decorative Alterations (e.g., painting, carpeting and ...floor and wall coverings) or (ii) installations which are customary for an office tenant, provided such Alterations are non-structural and do not affect any of the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1014 instance, obtaining (i) mechanical or utility systems of the prior written Buildings or any other space occupied by Sublandlord. If the Master Lease requires the consent of Master Landlord for an Alteration, Subtenant shall not make such Alteration without the consent of Master Landlord (and Sublandlord agrees to pursue such consent, if and requested by Subtenant, in accordance with the provisions of Section 6(D) hereof). All Alterations made by Subtenant to the extent required under the Master Lease, and (ii) the prior written consent of Sublandlord which shall not be unreasonably withheld, conditioned or delayed. All Alterations Demised Premises shall be performed made in compliance accordance with Legal Requirements and subject to the terms and provisions of the Master Lease as incorporated herein. Without limiting Lease, including the forgoing, all Alterations will be performed by contractors reasonably approved by Sublandlord, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Except as expressly set forth in this Sublease to the contrary, Rules and Regulations promulgated thereunder. Subtenant shall be obligated to remove any Alterations performed by or on behalf of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises at the expiration or early termination of the Term to substantially the same condition prior to such Alterations or the Subtenant Improvements; provided, however, to the extent cooperate with Master Landlord and Sublandlord do not require removal with respect to the scheduling of certain Subtenant's Alterations. Any failure of Subtenant to complete Subtenant's initial Alterations and restoration for occupancy of the Subleased Premises, Subtenant may, at its option, elect to Demised Premises shall not remove such Alteration at the end result in postponement of the Term. commencement of payment of rent under this Sublease. B. Subtenant shall not be obligated perform all of its Alterations, including the initial Alterations to remove any Alterations existing in prepare the Subleased Demised Premises as of the Commencement Date. Subtenant shall be required to remove from the Subleased Premises any equipment comprising for Subtenant's voice, or data systems, including associated wires, wiring trays occupancy (if any), at Subtenant's sole cost and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless of whether Sublandlord or Subtenant installed and/or paid for the installation of such systems; provided, however, to the extent Master Landlord and Sublandlord do not require removal of all or any portion of Subtenant's Data Systems and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove the same at the end of the Term. (c) Sublandlord hereby consents to Subtenant's performance of the modifications to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed expense in accordance with and subject to the terms and conditions provisions of Article 7 of the Master Lease and this Sublease. Lease. C. Subtenant shall reimburse provide to Sublandlord for all Master Landlord's charges under the Master Lease relating to any alterations, additions or improvements to the Subleased Premises, including, without limitation, charges in connection with Master Landlord's review of any of Subtenant's plans for alterations, additions or improvements to the Subleased Premises, Master Landlord's inspection of such alterations, additions or improvements, and Master Landlord's oversight and supervision of same. Sublandlord shall not charge Subtenant any fees for Sublandlord's supervision Landlord all plans prepared or inspection required in connection with Subtenant's alterations, additions Alterations, or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees no plans are so required, drawings and/or a description of the work. 10 D. Except as provided in Article 7 and costs Article 36 of the Master Lease, all of Subtenant's Property shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to at all times remain the property of Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant nothing contained herein shall be required to remove any of construed as prohibiting Subtenant from removing same from the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, to the extent Master Landlord does not require such removal and restoration, Subtenant may, at its option, elect to not remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, including without limitation the Subtenant Improvements, to be removed at the end of the Term. DMEAST #35029637 v1015 11. Parking. Demised Premises. E. Subject to the terms and provisions Section 8.1 of the Master Lease, Subtenant shall have shall, throughout the right term of this Sublease, take good care of the Demised Premises, the fixtures and equipment therein and any Subtenant Alterations, and at Subtenant's sole cost and expense, make all repairs thereto as and when needed to use one hundred fifty (150) unreserved parking spaces on preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the Property. Subtenant shall have no right to any reserved parking spaces. elements, fire or other casualty, excepted. View More
Alterations. (a) Subtenant shall not make no any alterations, installations, changes, renovations, additions, replacements additions or improvements ("Alterations") (collectively, "Alterations") in or to the Subleased Premises, including, Sublease Premises or make changes to locks on doors or add, disturb or in any way change any plumbing, mechanical, electrical, HVAC, life safety or other Building systems without limitation, the Subtenant Improvements (as defined below), without, in each DMEAST #35029637 v1...014 instance, obtaining (i) the prior written consent of Master Landlord if and to the extent required under the Master Lease, and (ii) the prior written consent of Sublandlord which shall (which consent will not be unreasonably withheld, conditioned or delayed. delayed) and Master Landlord in accordance with Section 9 of the Master Lease. Any Alterations must be done in full compliance with the provisions of Section 9 of the Original Lease and all other applicable provisions of the Master Lease; provided, however, that in all instances concerning Sublandlord's approval of Subtenant's Alterations, any time period in which Sublandlord shall have to grant or withhold its consent to such Alterations shall be extended by ten (10) days beyond the corresponding time period under the Master Lease (i.e., if Master Landlord has ten (10) days to approve an Alteration, Sublandlord shall have twenty (20) days in which to approve the same Alteration). All Alterations shall be made at Subtenant's sole cost and expense and by contractors or mechanics reasonably approved by Sublandlord and Master Landlord. All work with respect to any Alterations shall be performed in a good and workmanlike manner, shall be of a quality equal to or exceeding any then existing construction standards for the Building and shall be constructed in compliance with and subject to the terms and provisions of the Master Lease as incorporated herein. Without limiting the forgoing, all Alterations will be performed by contractors plans reasonably approved by Sublandlord, which approval Sublandlord and Master Landlord. All Alterations shall not be unreasonably withheld, conditioned made strictly in accordance with all laws, regulations and ordinances relating thereto, including all building codes and regulations and the ADA. In furtherance of the foregoing Subtenant, at Subtenant's sole cost and expense, shall make and complete any and all necessary alterations or delayed. (b) Except as expressly set forth in this Sublease upgrades to the contrary, Sublease Premises arising or otherwise triggered by reason of Subtenant's Alterations in order to fully comply with the ADA and any life safety requirements applicable to the Sublease Premises and the Building. Subtenant, at its sole cost and expense, shall obtain any and all permits and consents of applicable governmental authorities (collectively "Permits") in connection with all Alterations. Subtenant shall be obligated liable to remove Sublandlord and Master Landlord for the reasonable costs of any improvements to the Building (whether or not on the Sublease Premises) which may be required as a consequence of Subtenant's Alterations. With respect to any Subtenant Alterations performed costing in excess of Three Hundred Thousand Dollars ($300,000.00), Sublandlord may, in its reasonable discretion, require Subtenant, at Subtenant's cost, to obtain and deliver to Sublandlord a performance bond and a labor and materials payment bond for the benefit of Sublandlord, issued by or on behalf a corporate surety licensed to do business in California and acceptable to Sublandlord, each in the amount of Subtenant, including, the Subtenant Improvements, and restore the Subleased Premises at the expiration or early termination One Hundred Twenty-Five Percent (125%) of the Term cost of the work in a form reasonably satisfactory to substantially Sublandlord. Sublandlord hereby reserves the same condition prior right to such Alterations require any contractor, subcontractor or the Subtenant Improvements; provided, however, materialman working in or providing materials to the extent Sublease Premises to provide lien waivers and commercially reasonable liability insurance covering the Alterations to the Sublease Premises. Subtenant shall give Master Landlord and Sublandlord do not require removal ten (10) days written notice prior to the commencement of certain any Alterations and restoration of the Subleased Premises, Subtenant may, at its option, elect to not remove such Alteration at the end of the Term. Subtenant shall not be obligated to remove any Alterations existing in the Subleased Premises as of the Commencement Date. Subtenant shall be required to remove from the Subleased Premises any equipment comprising Subtenant's voice, or data systems, including associated wires, wiring trays and other equipment, materials and facilities (collectively, "Subtenant's Data Systems"), whether located in the ceiling, floor and/or walls regardless of whether Sublandlord or Subtenant installed and/or paid for the installation of such systems; provided, however, to the extent allow Master Landlord and Sublandlord do to enter the Sublease Premises at reasonable times upon not require removal of all less than one (1) days prior verbal notice to post appropriate notices to avoid liability to contractors or material suppliers for payment for any portion of Subtenant's Data Systems Alterations. All Alterations shall remain in and restoration of be surrendered with the Subleased Premises, Subtenant may, at its option, elect to not remove the same Sublease Premises as a part thereof at the end termination of the Term. (c) this Sublease, without disturbance, molestation or injury, provided that each of Master Landlord and/or Sublandlord hereby consents may require any Alterations (including, without limitation, all cabling and wiring) to Subtenant's performance be removed upon termination of the modifications this Sublease if and only to the Subleased Premises described in the Work Letter attached hereto as Exhibit C (collectively, "Subtenant Improvements"); provided that, the work is performed in accordance with and subject to extent such removal may be required by Master Landlord under the terms and conditions of the Master Lease Lease. Subtenant shall request, at the time it requests Sublandlord and Master Landlord consent to an Alteration, whether Master Landlord and/or Sublandlord will require Subtenant to remove such Alterations at the expiration of the Term or the earlier termination of this Sublease. Subtenant shall reimburse Sublandlord for In such event, all Master Landlord's charges expenses to remove said Alterations and to restore the Sublease Premises to the surrender condition required under the Master Lease relating to any alterations, additions or improvements to the Subleased Premises, including, without limitation, charges in connection with Master Landlord's review of any of Subtenant's plans for alterations, additions or improvements to the Subleased Premises, Master Landlord's inspection of such alterations, additions or improvements, and Master Landlord's oversight and supervision of same. Sublandlord shall not charge Subtenant any fees for Sublandlord's supervision or inspection in connection with Subtenant's alterations, additions or improvements, except if Sublandlord is required to hire third party consultants, whose actual fees and costs shall be paid by Subtenant, provided such fees and costs are commercially reasonable. Sublandlord agrees to promptly request Master Landlord's consent to the Subtenant Improvements and to use good faith efforts to obtain such consent. Subtenant shall be required to remove any of the Subtenant Improvements at the expiration or earlier termination of the Term of this Sublease; provided, however, to the extent Master Landlord does not require such removal and restoration, Subtenant may, at its option, elect to not remove such Subtenant Improvement. Sublandlord shall promptly notify Subtenant if and when Sublandlord receives notice that Master Landlord requires any Alterations, including without limitation the Subtenant Improvements, to be removed at the end of the Term. DMEAST #35029637 v1015 11. Parking. Subject to the terms and provisions of the Master Lease, Subtenant shall have the right to use one hundred fifty (150) unreserved parking spaces on the Property. Subtenant shall have no right to any reserved parking spaces. Subtenant. View More