Example ContractsClausesLandlord's Consent to Alterations
Landlord's Consent to Alterations
Landlord's Consent to Alterations contract clause examples

Landlord's Consent to Alterations. Tenant may not make or cause the installation of any improvements, alterations, fixtures, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the "Alterations") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than 30 days prior to the commencement thereof, and which consent shall not be unreasonably withheld, conditioned or delayed by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make cosmetic Alterations following ten days’ notice to Landlord, but without Landlord's prior consent, to the extent that such Alterations do not # adversely affect the Building Systems or Building Structure, # affect the exterior appearance of the Building, # adversely affect the value of the Premises or Building, # require a building or construction permit, or # cost more than Fifty Thousand Dollars ($50,000.00) for a particular job of work.

Landlord's Consent. Landlord shall not unreasonably withhold its consent to any proposed Transfer of the Subject Space to the Transferee on the terms specified in the Transfer Notice. Without limitation as to other reasonable grounds for withholding consent, the parties hereby agree that it shall be reasonable under this Lease and under any Applicable Laws for Landlord to withhold consent to any proposed Transfer where one or more of the following apply:

Landlord Consent: Procedure. Tenant shall not make or permit to be made any Alterations without Landlord's prior written consent, which as to any Major Alterations may be given or withheld in Landlord's sole and absolute discretion. Any request for consent to Alterations (including without limitation, the Initial Alterations) shall be accompanied by detailed plans and specifications prepared by a duly licensed architect or engineer. At the time Tenant submits its plans and specifications, Landlord will identify any Specialty Improvements that Landlord will require Tenant to remove upon the expiration or earlier termination of this Lease (and Tenant shall only be required to remove such Specialty Improvements subject to the terms of Section 10.6 of this Lease.

materially increase Landlord's repair or maintenance obligations pursuant to this Lease (unless Tenant agrees in writing to pay the costs thereof as a condition to such Alteration), # affect the certificate of occupancy or its [[Organization C:Organization]] equivalent for the Project or any portion thereof, or # fail to adhere to Landlord's Building standard requirements for the Project. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days' notice to Landlord ("Cosmetic Alterations Notice"), but without Landlord's prior consent, to the extent that such Alterations do not # constitute an Alteration Design Problem, # require a building or construction permit, or # cost more than $250,000.00 for a particular job of work (the "Cosmetic Alterations"). The Cosmetic Alterations Notice must be accompanied by reasonably adequate evidence that such Cosmetic Alterations meet the criteria set forth above in this Section 8.1 (failing

Alterations. Borrowers shall not, without first obtaining the Approval of Lender, commence, nor allow to be commenced, any construction, alteration or modification of any of the Properties, except for new construction, alterations or modifications at a Property the cost of which aggregates during any Loan Year less than Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00). Borrowers’ rights in the immediately preceding sentence shall be in addition to the following, each of which Borrowers shall have the right to perform without Lender’s Approval (and any amounts funded by Borrowers in connection with the following shall not count towards the numbers in the immediately preceding sentence): # decorative work performed in the ordinary course, # tenant improvements and other alterations performed as required under any Lease existing on the date of this Loan Agreement or entered into in accordance with the Loan Documents, and # alterations required for life/safety purposes or required to comply with Law.

ALTERATIONS. Except for cosmetic alterations and projects that do not exceed $100,000.00 during any calendar year of the Term that do not require a permit from the City of San Diego and that are not structural in nature (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, excluding however all Tenant Improvements constructed pursuant to the Work Letter, which Tenant shall have no obligation to remove or restore, and further excluding moveable trade fixtures and furniture, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant in writing given at the time of Landlord’s approval of Tenant’s plans for any Alterations, require Tenant to remove by the Expiration Date or sooner termination date of this Lease, all or any Alterations installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Without the Landlord's prior written consent the Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations except for access and deliveries. All Alterations and all such access and deliveries shall be in accordance with any guidelines established therefor by the Landlord from time to time.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's written request made at the time of Landlord’s consent to such Alterations, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, only if such Alterations are Specialty Improvements. Landlord's determination with respect to removal of any such Specialty Improvements shall include the extent to which Landlord shall require Tenant to perform any work to return the affected portion of the Premises to the condition existing prior to such Specialty Improvement, reasonable wear and tear excepted. For the avoidance of doubt, Tenant shall only be responsible for removing Specialty Improvements (hereafter defined), if at the time of its consent to such Specialty Improvements, Landlord advises in writing in its consent that Tenant is obligated to remove such Specialty Improvements at the expiration of the Term. “Specialty Improvements” means, collectively, any alterations, additions or improvements to the Premises which are not typical alterations, additions or improvements found in Comparable Buildings. Tenant shall not be required to remove any other Alterations at surrender of the Premises.

Payment for Improvements. With respect to payments to be made to Tenant's contractors for any Alterations, Tenant shall # comply with Landlord's requirements for final lien releases and waivers in connection with Tenant's payment for work to contractors, and # sign Landlord's standard contractor's rules and regulations. In addition, in connection with all Alterations other than Cosmetic Alterations, Tenant shall pay to Landlord a percentage of the cost of such work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work not to exceed one percent (1%) of the hard costs of such Alterations.

Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord (except for Cosmetic Alterations which shall not require Landlord's approval). Tenant shall reimburse Landlord for any reasonable out-of-pocket costs and expenses incurred by Landlord or by any third-party on behalf of Landlord in connection with Landlord's review of any plans specifications for any Alterations. In addition, 4073687.v10

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