Alterations, Additions, and Improvements. 14.1 The Lessee shall not, except with the Lessor’s prior written consent, which consent will not be unreasonably withheld, make any alterations or additions to the Improvements. 14.2 If the Lessee does alter, add to or improve the Grazing Land or any part thereof in any way, whether in breach of clause 14.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land on the termination of this lease to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land pursuant to the termination of this lease, and this clause 14.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.1. 14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements. 15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of 15.1.1 a breach by the Lessor of any of its obligations under this lease; 15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law; 15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land; 15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause; 15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause; 15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof; 15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above. 15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee shall not, except with not make any alterations or additions to the Premises or any item of the Furniture without the Lessor’s prior written consent, which but the Lessor shall not withhold its consent will not be unreasonably withheld, make any alterations to an alteration or additions addition to the ImprovementsPremises which is not structural.
14.2 13.2 If the Lessee does alter, add to to, or improve the Grazing Land or any part thereof Premises in any way, whether in breach of clause 14.1 13.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land Premises on the termination of this lease to its their condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land Premises pursuant to the termination of this lease, ; and this clause 14.2 13.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.113.1.
14.3 13.3 Save for any addition or improvement which is removed from the Grazing Land Premises as required by the Lessor in terms of clause 14.213.2, all additions and improvements made to the Grazing Land Premises shall belong to the Lessor and may not be removed from the Grazing Land Premises at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition improvement or improvement repair to the Grazing LandPremises or the Furniture, nor shall the Lessee have any a right of retention in respect of any improvements.
15.1 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 14.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 14.1.2 any act or omission of the Lessor or any agent or servant of, of or contractor to, to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
15.1.3 14.1.3 the condition or state of repair at any time of the Grazing LandProperty, any of the Improvements Building, or any part of the Grazing LandProperty or the Building;
15.1.4 14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Grazing LandPremises, the Building, or the Property (including, without generality being limited, any cleaning service), whatever the cause;
15.1.5 14.1.5 any breakdown of, or interruption in the operation of, any of the Improvements machinery, plant, equipment, installation or any system situated in or on, or serving serving, the Grazing Land Property, the Building, or the ImprovementsPremises, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
15.1.6 14.1.6 any interruption of, of or interference with, with the enjoyment or beneficial occupation of the Grazing Land Premises or any part thereof;of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether carried out by the Lessor or by anybody else; or
15.1.7 14.1.7 any other event or circumstance whatever, whatever occurring, or failing to occur, upon, in in, or about the Grazing LandProperty, the Building, or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees invitees, and all other persons who may occupy or be entitled to occupy the Grazing Land Premises or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 14.1.1 to 15.1.7 14.1.7 above.
15.2 14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land Premises and the Furniture as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, ; and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and or efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The (a) Except as set forth in this Section 10.1, and subject to Section 9.1, Lessee may make any Alterations, provided that they are consistent with the limitations on use contained in this Lease. Notwithstanding the foregoing, Lessee shall not, except with the without Lessor’s prior written consent, which consent will Lessor shall not be unreasonably withheldwithhold, condition, or delay, make any alterations or additions improvements to the ImprovementsPremises or the Hospital Assets (a) the financing and/or payments for which, in whatever form, including, without limitation, pursuant to any capital lease, loan or acquisition financing agreement, service agreement, or license agreement, extend beyond the expiration of this Lease in an amount that equals or exceeds twenty percent (20%) of the total acquisition, leasing, licensing, and/or service agreement costs for such Alteration or (b) that have a useful life (as determined in accordance with GAAP) that extends beyond the expiration of this Lease. It shall be reasonable for Lessor to withhold its consent for any Alterations to the Premises that would result in a debt, obligation, encumbrance, lien, etc.
14.2 If the Lessee does alter, add to that (i) would constitute an Indenture as provided for hereunder or improve the Grazing Land (ii) Lessor could not assume or any part thereof in any way, whether in breach of clause 14.1 accept upon expiration or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land on the earlier termination of this lease Lease without violating any law, regulation, ordinance, or ruling applicable to its condition as it was prior Lessor, Lessee, the Premises, or the assets, rights and interests to such alteration, addition be conveyed to Lessor at Lease termination or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land expiration pursuant to Article XVII of this Lease, or to condition such consent on structuring any capital expenditure for such Alterations and any financing thereof, in such a manner so that Lessor could assume or accept same pursuant to Article XVII of this Lease without violating any such law, regulation, ordinance, or ruling. Commencing on the earliest to occur of (1) the date Lessor executes with a third party a new lease for the Premises to be effective upon expiration or termination of this leaseLease, or (2) the date that is five (5) years prior to the expiration of the Lease Term without Lessee and Lessor having entered into an extension of this clause 14.2 shall not be construed as excluding any other Lease or further remedy which a new lease for the Premises, Lessor may have in consequence of a breach by the Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2withhold, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall notcondition, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations consent under this lease;
15.1.2 any act or omission of Section in Lessor’s sole and absolute discretion. If ▇▇▇▇▇▇ is required to obtain ▇▇▇▇▇▇’s consent hereunder, Lessee shall request such consent by written notice to ▇▇▇▇▇▇, which must be accompanied by detailed and complete plans and specifications for the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 aboveproposed work.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Hospital Lease
Alterations, Additions, and Improvements. 14.1 The Lessee (a) Tenant shall notnot create any openings in the roof or exterior walls, except with nor shall Tenant make any alterations, additions, or improvements to the Lessor’s Premises without the prior written consentconsent of Landlord. Landlord, which consent will not at Landlord's sole discretion, may accept the tenant improvements and require them to remain part of the premises at the time of written approval of the addition, alteration or improvement, or may elect to have them designated to be unreasonably withheld, make any alterations or additions removed at the termination of the lease. All improvements that Tenant fails to the Improvements.
14.2 If the Lessee does alter, add to or improve the Grazing Land or any part thereof in any way, whether in breach notify Landlord of clause 14.1 or not, the Lessee shall, if so required in writing by either error, omission, or otherwise also are at Landlord's sole discretion (i) to become part of the Lessorpremises, restore the Grazing Land on (ii) to be removed at the termination of this lease the lease, or (iii) the Landlord may require such item or items to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee removed at any time, but not later than the Tenant's expense upon a ten (specify10) day after written notice.
(b) Tenant may, without the Lessee has delivered up prior written consent of Landlord, but, at its own cost and expense, and in good workmanlike manner, make such minor alterations, additions, or improvements or erect, remove or alter such partitions, or erect shelves, bins, machinery, and trade fixtures as Tenant may deem advisable, without altering the Grazing Land pursuant to basic character of the Premises, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements.
(c) At the termination of this lease, Tenant shall, if Landlord so elects, remove all or part of any alterations, additions, improvements, and partitions erected by Tenant (exact items to be determined at the sole discretion of the Landlord, also pursuant to Para. 7.3(a) above) and restore the Premises to its original condition or condition acceptable to Landlord, otherwise such improvements shall be delivered up to Landlord with the Premises. All shelves, bins, machinery, and trade fixtures installed by Tenant may be removed by Tenant at the termination of this clause 14.2 Lease if Tenant so elects, and shall be so removed if required by Landlord, and Tenant shall restore the Premises to its original condition or condition acceptable to Landlord (see Para. 7.1(c) above).
(d) In connection with Paragraph 7.3(c), all of Tenant's furniture, movable trade fixtures and other personal property not removed by Tenant from the Premises within five days after Landlord shall request such removal in writing following the termination of this Lease, whether termination shall occur by lapse of time or otherwise, shall be construed conclusively presumed to have been abandoned by Tenant, and Landlord may, at its option and election, subsequently take possession of such property and either (i) declare same to be the property of the Landlord, or (ii) at the cost and expense of Tenant, dispose of such property in any manner Landlord, in its sole discretion, shall deem most advisable. Nothing contained in this Paragraph 7.3(d) shall prejudice or impair Landlord's rights pursuant to Paragraph 14 and Paragraph 20 of this Lease. Rights granted Landlord under this Paragraph 7.3(d) shall be cumulative of Landlord's rights as excluding any other set forth in Paragraph 14 and Paragraph 20.
(e) In regard to Tenant installed electrical wiring, electrical switches, circuit boxes, electrical conduit, water coolers, windows, light fixtures, exhaust fans, exhaust fan motors, office improvements or further remedy which additions, storage additions, drywall construction, gas fired or infrared type heat units (whether attached or hanging), air conditioning units, natural gas piping, gas heaters, doors, locks, or hardware for windows and doors located in or upon the Lessor may have in consequence of a breach subject property, it is expressly agreed by the Lessee of clause 14.1.
14.3 Save for any addition parties hereto that, once installed (whether bolted, screwed or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state of repair at any time of the Grazing Landhanging), any of the Improvements or any such property described in this paragraph shall be and become part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service Leased Property and owned by Landlord once attached to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 abovebuilding and/or premises.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee shall not, except with not make any alterations or additions to the Premises without the Lessor’s prior written consent, but the Lessor shall not withhold its consent unreasonably to an alteration or addition which consent will is not be unreasonably withheld, make any alterations or additions to the Improvementsstructural.
14.2 13.2 If the Lessee does alter, add to to, or improve the Grazing Land or any part thereof Premises in any way, whether in breach of clause 14.1 13.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land Premises on the termination of this lease to its their condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land Premises pursuant to the termination of this lease, ; and this clause 14.2 13.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.113.1.
14.3 13.3 Save for any addition or improvement which is removed from the Grazing Land Premises as required by the Lessor in terms of clause 14.213.2, all additions and improvements made to the Grazing Land Premises shall belong to the Lessor and may not be removed from the Grazing Land Premises at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing LandPremises, unless such improvements were made with the Lessor’s prior written consent, nor shall the Lessee have any a right of retention in respect of any improvements.
15.1 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 14.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 14.1.2 any act or omission of the Lessor or any agent or servant of, of or contractor to, to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
15.1.3 14.1.3 the condition or state of repair at any time of the Grazing LandProperty, any of the Improvements Building, or any part of the Grazing LandProperty or the Building;
15.1.4 14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Grazing LandPremises, the Building, or the Property (including, without generality being limited, any cleaning service), whatever the cause;
15.1.5 14.1.5 any breakdown of, or interruption in the operation of, any of the Improvements machinery, plant, equipment, installation or any system situated in or on, or serving serving, the Grazing Land Property, the Building, or the ImprovementsPremises, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
15.1.6 14.1.6 any interruption of, of or interference with, with the enjoyment or beneficial occupation of the Grazing Land Premises or any part thereof;of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether carried out by the Lessor or by anybody else; or
15.1.7 14.1.7 any other event or circumstance whatever, whatever occurring, or failing to occur, upon, in in, or about the Grazing LandProperty, the Building, or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, guests and other invitees invitees, and all other persons who may occupy or be entitled to occupy the Grazing Land Premises or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 14.1.1 to 15.1.7 14.1.7 above.
15.2 14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land Premises as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, ; and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and or efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee shall not, except with not make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Lessor’s prior written consent, which consent will shall not be unreasonably withheldwithheld or delayed, except that Lessee may make any alterations or improvements under $5,000.00 without Lessor consent provided said alterations or improvements (i) do not affect the structural integrity or exterior appearance of the Building or its mechanical systems, (ii) do not interfere with construction in progress or other lessees in the Building, and (iii) are not visible from the exterior of the Premises or the Building and there is no uncured default by Lessee in any of the terms and conditions of the Lease. Lessor shall not be liable as a result of any such consent for completeness, design sufficiency, or compliance with any law, ordinance, order, rule, or regulation and Lessee shall indemnify, defend and hold Lessor harmless from all claims, demands, damages, causes of action or litigation, arising out of or resulting from such consent. Any and all alterations, additions or improvements, other than that portion of the initial Tenant improvements which are to be provided by Lessor pursuant to the Improvements.
14.2 If terms of Exhibit "B" hereto, shall be made at Lessee's sole expense. All such alterations, additions or improvements upon the Lessee does alterearlier to occur of (i) the termination date of the Lease or (ii) Lessor"s termination of Lessee"s right of possession of the Premises pursuant to Section 29 of the Lease, add shall become the property of Lessor and shall be surrendered to or improve the Grazing Land or any part thereof in any way, whether in breach of clause 14.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land on Lessor upon the termination of this lease Lease by lapse of time or otherwise; provided, however this clause shall not apply to its condition as it was removable equipment or furniture owned by Lessee and which can be removed without damage to the Building or the Premises, provided there is no default by Lessee in any of the terms and conditions of the Lease. Unless Lessee has made prior arrangements with Lessor and Lessor has agreed in writing to permit Lessee to leave such equipment, furniture and supplies prior to such alterationtermination, then, in addition to its other remedies at law or improvement having been made. The Lessor’s requirement in this regard may be communicated equity, Lessor shall have the right to have such items removed and stored at Lessee"s expense and all damage to the Premises or Building resulting therefrom repaired at the cost of Lessee at any timeor the right to elect that such movable equipment, but not later than furniture and supplies automatically become the (specify) day after the Lessee has delivered up the Grazing Land pursuant to the property of Lessor upon termination of this leaseLease, and this clause 14.2 Lessee shall not be construed as excluding have any other further right with respect thereto or further remedy which the reimbursement therefor. Lessor may have in consequence of a breach by the shall notify Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2its requirement to remove such alterations, all additions additions, and improvements made prior to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 aboveLessor"s approval.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Lease Agreement (Telxon Corp)
Alterations, Additions, and Improvements. 14.1 The A. Lessee shall notnot make any alterations, except with additions or Improvements to the Premises without Lessor’s prior written consentconsent (as set forth in paragraph B1 below), except for non- structural alterations which consent will do not exceed Fifteen Thousand Dollars ($15,000) in cost cumulatively over the Term and any Renewal Term and which are not visible from the outside of the Building on or included within the Premises. Lessee shall promptly remove any alterations, additions or Improvements constructed in violation of this paragraph upon ▇▇▇▇▇▇’s written request. Upon completion of any such work, Lessee shall provide Lessor with “as-built” plans, copies of all construction contracts, and proof of payment for all labor and materials.
B. Any alteration, addition, or improvement to the Premises by Lessee shall be in strict compliance with the provisions of this paragraph.
1. All work shall be completed at Lessee’s sole expense (and payment personally guaranteed by ▇▇▇▇▇▇) pursuant to plans and specifications prepared by an architect licensed in the state of Colorado approved by ▇▇▇▇▇▇ and employed by Lessee at Lessee’s expense. After all plans have been approved by Lessor (which approval shall not be unreasonably withheld, make except for the determination that planned work is not in the general style of the existing Building, as to which Lessor may withhold approval in Lessor’s sole discretion), work shall be commenced and completed with due diligence and in substantial conformity with the approved plans and specifications. Any deficiency in design or construction shall be Lessee’s sole responsibility. All plans, specifications, and work shall be in strict compliance with all applicable governmental laws, rules, regulations, and codes and shall not adversely affect any of the Premises systems, such as heating, ventilation and cooling systems.
2. No representations are made by Lessor with respect to zoning, building, regulations, location, availability, or adequacy of utilities required for any alteration or improvement of the Premises.
3. Lessee, at Lessee’s expense, shall obtain all permits and pay all fees required for the completion of any such work and provide proof of the same to Lessor upon request.
4. All materials shall be new, all workmanship and materials shall be of first-class quality, and all individuals performing services or providing materials shall be duly licensed and skilled in their profession or trade.
5. In all aspects of any alterations, Lessee shall use its best efforts to minimize interference with the regular operation of the Premises (such as constructing alterations during low visitor months), including without limitation, noise, dust, accumulation of waste, or additions storage of materials outside the Premises.
6. Lessee shall assure that all workers shall be covered by workers’ compensation insurance to the Improvementsextent required by law and provide proof of the same to Lessor upon request.
14.2 If 7. Title to all alterations, additions, improvements (excluding trade fixtures) constructed shall vest in Lessor upon completion of construction free and clear of any liens or claims of Lessee or any other person or entity.
8. Lessor may place its supervisory personnel or representatives on the job during the course of construction, at ▇▇▇▇▇▇’s expense, for the purposes of making inspections and insuring compliance with these conditions. Despite anything to the contrary stated elsewhere, Lessor may at any time during the course of work impose such other restrictions, rules or conditions as may be necessary to ensure proper completion of the work and to minimize interference with operation of the Premises.
9. Prior to commencement of work, the general contractor shall secure builder’s risk insurance and a corporate surety performance bond with ▇▇▇▇▇▇ and ▇▇▇▇▇▇ as additional named insureds in an amount not less than 100% of the value of the work. In addition, ▇▇▇▇▇▇ shall indemnify and hold Lessor and any mortgagee harmless from and against all claims, damages, actions, losses, liabilities, and expenses of every nature (including, without limitation, reasonable attorney fees) asserted against or incurred by Lessor or any mortgagee arising from or related to the work contemplated by this provision.
C. Lessee does altershall pay when due all claims for labor and material furnished to the Premises. Despite anything to the contrary stated elsewhere in this Lease, add Lessee shall give Lessor at least ten (10) day’s prior written notice of the commencement of any work on the Premises for which a mechanic’s or materialmen’s lien could be claimed. Lessor may elect to record and post notices of non-responsibility on the Premises. If, in connection with any work being performed by Lessee or improve in connection with any materials being furnished to Lessee, any mechanic’s lien or other lien or charge shall be filed or made against the Grazing Land Premises or any part or interest in it, or any buildings or improvements now or hereafter erected and maintained, or on any appurtenances, or if any such lien or charge shall be filed or made against Lessor as owner, then Lessee, at Lessee’s cost and expense, within thirty (30) days after such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of record by payment thereof in or filing of a bond or otherwise, and shall also defend, at ▇▇▇▇▇▇’s sole cost and expense, any wayaction, whether in breach of clause 14.1 suit, or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land on the termination of this lease to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard proceeding which may be communicated to brought for the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land pursuant to the termination enforcement of this leasesuch lien or charge, and this clause 14.2 shall not pay any damages incurred by or asserted against Lessor and shall satisfy and discharge any judgment entered therein. If Lessee fails to discharge within the above mentioned 30- day period any mechanic’s lien or charge herein required to be construed as excluding any other paid or further remedy which the discharged by Lessee, Lessor may have pay such items or discharge such liability by payment or bond, or both, and Lessee will repay to Lessor upon demand any and all amounts paid by Lessor therefor, or by reason of any liability on any cash bond, and also any and all incidental expenses, including attorney’s fees in consequence of a breach reasonable amount, incurred by the Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2connection therewith, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall nottogether with interest thereon; provided, whatever the circumstanceshowever, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the right to contest any such mechanic’s lien or other lien, provided that Lessee (1) diligently continues such contest in good faith, and (2) deposits or delivers to Lessor and may not withhold satisfactory indemnification or delay other security reasonably satisfactory to Lessor. If any payment due improvement, alteration, structural modification, or addition to any portion or improvement of the Premises is required subsequent to the Lessor commencement of the Term or any Renewal Term by reason directly any change in laws, ordinances, rules, regulations, or indirectly of
15.1.1 a breach by the Lessor orders of any of its obligations under this lease;
15.1.2 any act governmental or omission of quasi-governmental authority having jurisdiction over the Lessor or any agent or servant ofPremises, Lessee shall make such improvement, alteration, modification, or contractor toaddition, and Rent may be accordingly offset for Lessee’s Improvements as more fully described above. Should Lessee fail to make the required improvement, alteration, modification, or addition within thirty days following receipt of written notice from Lessor, whether or not negligentLessor may, at its option, make the required improvement, alteration, modification, or otherwise actionable at law;
15.1.3 addition and adjust the condition or state Rent so that Lessee pays the cost of repair at any time of the Grazing Landsuch improvement, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension ofalteration, modification, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 aboveaddition.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee shall notnot make any alterations or additions to any of the Buildings, except with the Property or any part thereof, or any item of the Furniture or the Lessor’s Fittings without the Lessor’s prior written consent, but the Lessor shall not withhold its consent unreasonably to any such alteration or addition which consent will is of a minor nature and not be unreasonably withheld, make any alterations or additions to the Improvementsstructural.
14.2 13.2 If the Lessee does alter, add to to, or improve the Grazing Land or any part thereof Property in any way, whether in breach of clause 14.1 13.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land Property on the termination of this lease to its condition as it was prior to such alteration, addition addition, or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land Property pursuant to the termination of this lease, ; and this clause 14.2 13.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.113.1.
14.3 13.3 Save for any addition or improvement which is removed from the Grazing Land Property as required by the Lessor in terms of clause 14.213.2, all additions and improvements made on or to the Grazing Land Property shall belong to the Lessor and may not be removed from the Grazing Land Property at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition improvement or improvement repair to the Grazing LandProperty or the Furniture, nor shall the Lessee have any a right of retention in respect of any improvements.
15.1 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 14.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 14.1.2 any act or omission of the Lessor or any agent or servant of, of or contractor to, to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
15.1.3 14.1.3 the condition or state of repair at any time of the Grazing LandProperty, any of the Improvements Buildings, or any part of the Grazing LandProperty or the Buildings;
15.1.4 14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air conditioning, heating, or any other amenity or service to the Grazing LandProperty or any of the Buildings, whatever the cause;
15.1.5 14.1.5 any breakdown of, or interruption in the operation of, any of the Improvements machinery, plant, equipment, installation, or any system situated in or on, or serving serving, the Grazing Land Property or any part thereof or any of the ImprovementsBuildings, and including (but without limiting the generality of the aforegoing) the swimming pool plant or any geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
15.1.6 14.1.6 any interruption of, of or interference with, with the enjoyment or beneficial occupation of the Grazing Land Property caused by any building operations or any part thereof;other works on or about the Property, whether carried out by the Lessor or by anybody else; or
15.1.7 14.1.7 any other event or circumstance whatever, whatever occurring, or failing to occur, upon, in in, or about the Grazing LandProperty or any of the Buildings, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees invitees, and all other persons who may occupy or be entitled to occupy the Grazing Land Property or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 14.1.1 to 15.1.7 14.1.7 above.
15.2 14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land Property and the Furniture as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, ; and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and or efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee shall not, except with not make any alterations or additions to the Premises without the Lessor’s prior written consent, but the Lessor shall not with- hold its consent unreasonably to an alteration or addition which consent will is not be unreasonably withheld, make any alterations or additions to the Improvementsstructural.
14.2 If the Lessee does alter, add to to, or improve the Grazing Land or any part thereof Premises in any way, whether in breach of clause 14.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land Premises on the termination of this lease to its their condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land Premises pursuant to the termination of this lease, ; and this clause 14.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land Premises as required by the Lessor in terms of clause 14.2, all additions and improvements made to the Grazing Land Premises shall belong to the Lessor and may not be removed from the Grazing Land Premises at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing LandPremises, unless such improvements were made with the Lessor’s prior written consent, nor shall the Lessee have any a right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard or caretaker;
15.1.3 the condition or state of repair at any time of the Grazing LandProperty, any of the Improvements Building or any part of the Grazing LandProperty or the Building;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Grazing LandPremises, the Building or the Property (including, without generality being limited, any cleaning service), whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements machinery, plant, equipment, installation or any system situated in or on, or serving serving, the Grazing Land Property, the Building or the ImprovementsPremises, and including (but without limiting the generality of the aforegoing) any lift, geyser, boiler, burglar alarm or security installation or system, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land Premises or any part thereof;of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether by the Lessor or by anybody else; or
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing LandProperty, the Building or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members any of the Lessee’s householdAssociates, the Lessee’s directors, members, agents, customers, servants, guests, guests and other invitees of the Lessee or of any of its Associates, and all other persons who may occupy or be entitled to occupy enter upon the Grazing Land Premises or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land Premises as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, ; and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and or efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
15.3 The Lessor does not warrant that the Premises are suitable for the purposes of the Lessee or any of its Associates or that the Lessee or any of its Associates will be granted any licence or consent which may be necessary for the carrying on of any business or activity in the Premises.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee shall not, except with not make any alterations or additions to the Premises without the Lessor’s prior written consent, but the Lessor shall not with- hold its consent unreasonably to an alteration or addition which consent will is not be unreasonably withheld, make any alterations or additions to the Improvementsstructural.
14.2 If the Lessee does alter, add to to, or improve the Grazing Land or any part thereof Premises in any way, whether in breach of clause 14.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land on the termination of this lease to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land pursuant to the termination of this lease, and this clause 14.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.1.clause
14.3 Save for any addition or improvement which is removed from the Grazing Land Premises as required by the Lessor in terms of clause 14.2, all additions and improvements made to the Grazing Land Premises shall belong to the Lessor and may not be removed from the Grazing Land Premises at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing LandPremises, unless such improvements were made with the Lessor’s prior written consent, nor shall the Lessee have any a right of retention in respect of any improvements.. 15 Exclusion of lessor from certain liability and indemnity
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard or caretaker;
15.1.3 the condition or state of repair at any time of the Grazing LandProperty, any of the Improvements Building or any part of the Grazing LandProperty or the Building;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Grazing LandPremises, the Building or the Property (including, without generality being limited, any cleaning service), whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements machinery, plant, equipment, installation or any system situated in or on, or serving serving, the Grazing Land Property, the Building or the ImprovementsPremises, and including (but without limiting the generality of the aforegoing) any lift, geyser, boiler, burglar alarm or security installation or system, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land Premises or any part thereof;of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether by the Lessor or by anybody else; or
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing LandProperty, the Building or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above.,
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land Premises as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, ; and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and or efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
15.3 The Lessor does not warrant that the Premises are suitable for the purposes of the Lessee or any of its Associates or that the Lessee or any of its Associates will be granted any licence or consent which may be necessary for the carrying on of any business or activity in the Premises.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee shall not, except with the Lessor’s prior written consent, which consent will not be unreasonably withheld, make any alterations or additions to the Improvements.
14.2 If the Lessee does alter, add to or improve the Grazing Land or any part thereof in any way, whether in breach of clause 14.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land on the termination of this lease to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land pursuant to the termination of this lease, and this clause 14.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.. 15 Exclusion of lessor from certain liability and indemnity
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above.,
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee shall notExcept for alterations within the Interior Premises not visible from the exterior of the Building the aggregate cost of which does not exceed $25,000 and which are cosmetic in nature (and do not affect the mechanical, except with electrical, plumbing or HVAC systems of the Lessor’s prior written consentBuilding), which consent will may be made without prior approval from Landlord, Tenant shall not make or allow to be unreasonably withheld, make made any alterations or physical additions in or to the Improvements.
14.2 If Premises without first obtaining the Lessee does alterwritten consent of Landlord. Landlord shall not be liable as a result of any such consent for completeness, add to design sufficiency or improve compliance with any law, ordinance, order, rule or regulation and Tenant shall indemnify, defend and hold Landlord harmless from all claims, demands, damages, causes of action or litigation arising out of or resulting from such alterations. Any and all alterations, additions or improvements, other than that portion of the Grazing Land or any part thereof in any way, whether in breach of clause 14.1 or not, the Lessee shallinitial tenant improvements, if so required any, which are to be provided by Landlord pursuant to the terms of Exhibit “C” hereto, if any, shall be made at Tenant’s sole expense in writing a good and workmanlike manner, in compliance with all applicable laws, ordinances and regulations, with a contractor approved by Landlord. At Landlord’s option, all such alterations, additions or improvements, upon the Lessorearlier to occur of (i) the termination date of the Lease, restore or (ii) Landlord’s termination of Tenant’s right of possession of the Grazing Land on Premises pursuant to Section 23 of the Lease, shall become the property of Landlord and shall be surrendered to Landlord upon the termination of this lease Lease by lapse of time or otherwise; provided, however this clause shall not apply to its condition as it was prior to such alteration, addition removable equipment or improvement having been made. The Lessor’s requirement in this regard may furniture owned by Tenant and which can be communicated removed without damage to the Lessee at Building or the Premises, provided there is no uncured default by Tenant in any timeof the terms and conditions of the Lease. Notwithstanding anything foregoing to the contrary, but not later than upon the earlier to occur of (specifyi) day after the Lessee has delivered up termination date of this Lease, or (ii) Landlord’s termination of Tenant’s right to possession of the Grazing Land Premises pursuant to the termination of this leaseSection 23, and this clause 14.2 shall not be construed as excluding any other Landlord may require Tenant to remove all alterations, additions or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at Premises, including without limitation, any time. The Lessee shall notcabling or other computer, whatever the circumstances, have any claim against the Lessor for compensation for any addition satellite or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold telecommunications equipment or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessorhardware, whether or not negligentsuch alterations, additions, or otherwise actionable improvements are located in the Premises, and restore the same to Building standard condition, reasonable wear and tear and casualty damage excepted. The rights conferred to Landlord hereunder shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at law;
15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Lease Agreement (American International Holdings Corp.)
Alterations, Additions, and Improvements. 14.1 The (a) Except as set forth in this Section 10.1, and subject to Section 9.1, Lessee may make any Alterations, provided that they are consistent with the limitations on use contained in this Lease. Notwithstanding the foregoing, Lessee shall not, except with the without Lessor’s prior written consent, which consent will Lessor shall not be unreasonably withheldwithhold, condition, or delay, make any alterations or additions improvements to the ImprovementsPremises or the Hospital Assets (a) the financing and/or payments for which, in whatever form, including, without limitation, pursuant to any capital lease, loan or acquisition financing agreement, service agreement, or license agreement, extend beyond the expiration of this Lease in an amount that equals or exceeds twenty percent (20%) of the total acquisition, leasing, licensing, and/or service agreement costs for such Alteration or (b) that have a useful life (as determined in accordance with GAAP) that extends beyond the expiration of this Lease. It shall be reasonable for Lessor to withhold its consent for any Alterations to the Premises that would result in a debt, obligation, encumbrance, lien, etc.
14.2 If the Lessee does alter, add to that (i) would constitute an Indenture as provided for hereunder or improve the Grazing Land (ii) Lessor could not assume or any part thereof in any way, whether in breach of clause 14.1 accept upon expiration or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land on the earlier termination of this lease Lease without violating any law, regulation, ordinance, or ruling applicable to its condition as it was prior Lessor, Lessee, the Premises, or the assets, rights and interests to such alteration, addition be conveyed to Lessor at Lease termination or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land expiration pursuant to Article XVII of this Lease, or to condition such consent on structuring any capital expenditure for such Alterations and any financing thereof, in such a manner so that Lessor could assume or accept same pursuant to Article XVII of this Lease without violating any such law, regulation, ordinance, or ruling. Commencing on the earliest to occur of (1) the date Lessor executes with a third party a new lease for the Premises to be effective upon expiration or termination of this leaseLease, or (2) the date that is five (5) years prior to the expiration of the Lease Term without Lessee and Lessor having entered into an extension of this clause 14.2 shall not be construed as excluding any other Lease or further remedy which a new lease for the Premises, Lessor may have in consequence of a breach by the Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2withhold, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall notcondition, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations consent under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant ofSection in Lessor’s sole and absolute discretion. If Lessee is required to obtain Lessor’s consent hereunder, or contractor to, the Lessee shall request such consent by written notice to Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 which must be accompanied by detailed and complete plans and specifications for the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 aboveproposed work.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.
Appears in 1 contract
Sources: Hospital Lease
Alterations, Additions, and Improvements. 14.1 The Lessee shall not, except with not make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Lessor’s prior written consent, which consent will shall not be unreasonably withheld, make delayed or conditioned; provided, however, that Lessee acknowledges and agrees that it shall not be unreasonable for Lessor to withhold its approval to any alterations or physical additions which are structural in nature or which could affect adversely the mechanical, plumbing or electrical systems for the Building. Lessor shall not be liable as a result of any such consent for completeness, design sufficiency, or compliance with any law, ordinance, order, rule, or regulation and Lessee shall indemnify, defend and hold Lessor harmless from all claims, demands, damages, causes of action or litigation, arising out of or resulting from such alterations. Any and all alterations, additions or improvements, other than that portion of the initial Tenant improvements which are to be provided by Lessor pursuant to the Improvements.
14.2 If the Lessee does alterterms of Exhibit “B” hereto, add to or improve the Grazing Land or any part thereof shall be made at Lessee’s sole expense in any waya good and workmanlike manner, whether in breach of clause 14.1 or notcompliance with all applicable laws, the Lessee shallordinances and regulations, if so required in writing with a contractor approved by the Lessor, restore which approval shall not be unreasonably withheld, conditioned or delayed. At Lessor’s option, all such alterations, additions or improvements upon the Grazing Land on earlier to occur of (i) the termination date of the Lease or (ii) Lessor’s termination of Lessee’s right of possession of the Premises pursuant to Section 29 of the Lease, shall become the property of Lessor and shall be surrendered to Lessor upon the termination of this lease Lease by lapse of time or otherwise; provided, however this clause shall not apply to its condition as it was prior to such alteration, addition removable equipment or improvement having been made. The Lessor’s requirement in this regard may furniture owned by Lessee and which can be communicated removed without damage to the Building or the Premises, provided there is no default by Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land pursuant to the termination of this lease, and this clause 14.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part terms and conditions of the Grazing Land;
15.1.4 any failure or suspension ofLease. Notwithstanding anything foregoing to the contrary, upon the earlier to occur of (i) the termination date of this Lease, or any interruption in, the supply (ii) Lessor’s termination of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any Lessee’s possession of the Improvements or any system situated in or onPremises pursuant to Section 29 hereof, or serving Lessor may require Lessee to remove the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land “Identified Alterations” or any part thereof;
15.1.7 , and restore the same to the customary condition of so-called “second generation space” and to restore any portion of the Building shell affected by such removal to its condition prior to installation of said Identified Alterations, reasonable wear and tear excepted. The rights conferred to Lessor hereunder shall be in addition to (and not in conflict with) any other event or circumstance whatever, occurring, or failing to occur, uponrights conferred on Lessor by this Lease, in equity or about at law. At such time as Lessor approves the Grazing plans for the Tenant Improvements (as provided for in Exhibit “B”), Lessor shall identify which alterations, additions or improvements to the Premises, including without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, either located in the Premises or elsewhere within the Building or the Land, whether which Lessor may require be removed at expiration or not earlier termination of this Lease (the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above.
15.2 The Lessor shall not“Identified Alterations”); provided, however, be excused from specific performance Lessor shall have the right until the date of any of its obligations under this leaseexpiration or earlier termination, whether express or impliedby written notice to Lessee, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment select which of the Grazing Land as contemplated by this lease Identified Alterations shall be removed and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it which shall not be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demandremoved.
Appears in 1 contract
Alterations, Additions, and Improvements. 14.1 The A. Lessee shall notnot make any alterations, except with additions or Improvements to the Premises without Lessor’s prior written consentconsent (as set forth in paragraph B1 below), except for non- structural alterations which consent will do not exceed Fifteen Thousand Dollars ($15,000) in cost cumulatively over the Term and any Renewal Term and which are not visible from the outside of the Building on or included within the Premises. Lessee shall promptly remove any alterations, additions or Improvements constructed in violation of this paragraph upon ▇▇▇▇▇▇’s written request. Upon completion of any such work, Lessee shall provide Lessor with “as-built” plans, copies of all construction contracts, and proof of payment for all labor and materials.
B. Any alteration, addition, or improvement to the Premises by Lessee shall be in strict compliance with the provisions of this paragraph.
1. All work shall be completed at Lessee’s sole expense (and payment personally guaranteed by ▇▇▇▇▇▇) pursuant to plans and specifications prepared by an architect licensed in the state of Colorado approved by ▇▇▇▇▇▇ and employed by Lessee at Lessee’s expense. After all plans have been approved by Lessor (which approval shall not be unreasonably withheld, make except for the determination that planned work is not in the general style of the existing Building, as to which Lessor may withhold approval in Lessor’s sole discretion), work shall be commenced and completed with due diligence and in substantial conformity with the approved plans and specifications. Any deficiency in design or construction shall be Lessee’s sole responsibility. All plans, specifications, and work shall be in strict compliance with all applicable governmental laws, rules, regulations, and codes and shall not adversely affect any of the Premises systems, such as heating, ventilation and cooling systems.
2. No representations are made by Lessor with respect to zoning, building, regulations, location, availability, or adequacy of utilities required for any alteration or improvement of the Premises.
3. Lessee, at Lessee’s expense, shall obtain all permits and pay all fees required for the completion of any such work and provide proof of the same to Lessor upon request.
4. All materials shall be new, all workmanship and materials shall be of first-class quality, and all individuals performing services or providing materials shall be duly licensed and skilled in their profession or trade.
5. In all aspects of any alterations, Lessee shall use its best efforts to minimize interference with the regular operation of the Premises (such as constructing alterations during low visitor months), including without limitation, noise, dust, accumulation of waste, or additions storage of materials outside the Premises.
6. Lessee shall assure that all workers shall be covered by workers’ compensation insurance to the Improvementsextent required by law and provide proof of the same to Lessor upon request.
14.2 If 7. Title to all alterations, additions, improvements (excluding trade fixtures) constructed shall vest in Lessor upon completion of construction free and clear of any liens or claims of Lessee or any other person or entity.
8. Lessor may place its supervisory personnel or representatives on the job during the course of construction, at ▇▇▇▇▇▇’s expense, for the purposes of making inspections and insuring compliance with these conditions. Despite anything to the contrary stated elsewhere, Lessor may at any time during the course of work impose such other restrictions, rules or conditions as may be necessary to ensure proper completion of the work and to minimize interference with operation of the Premises.
9. Prior to commencement of work, the general contractor shall secure builder’s risk insurance and a corporate surety performance bond with ▇▇▇▇▇▇ and ▇▇▇▇▇▇ as additional named insureds in an amount not less than 100% of the value of the work. In addition, ▇▇▇▇▇▇ shall indemnify and hold Lessor and any mortgagee harmless from and against all claims, damages, actions, losses, liabilities, and expenses of every nature (including, without limitation, reasonable attorney fees) asserted against or incurred by Lessor or any mortgagee arising from or related to the work contemplated by this provision.
C. Lessee does altershall pay when due all claims for labor and material furnished to the Premises. Despite anything to the contrary stated elsewhere in this Lease, add Lessee shall give Lessor at least ten (10) day’s prior written notice of the commencement of any work on the Premises for which a mechanic’s or materialmen’s lien could be claimed. Lessor may elect to record and post notices of non-responsibility on the Premises. If, in connection with any work being performed by Lessee or improve in connection with any materials being furnished to Lessee, any mechanic’s lien or other lien or charge shall be filed or made against the Grazing Land Premises or any part or interest in it, or any buildings or improvements now or hereafter erected and maintained, or on any appurtenances, or if any such lien or charge shall be filed or made against Lessor as owner, then Lessee, at Lessee’s cost and expense, within thirty (30) days after such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of record by payment thereof in or filing of a bond or otherwise, and shall also defend, at Lessee’s sole cost and expense, any wayaction, whether in breach of clause 14.1 suit, or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land on the termination of this lease to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard proceeding which may be communicated to brought for the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land pursuant to the termination enforcement of this leasesuch lien or charge, and this clause 14.2 shall not pay any damages incurred by or asserted against Lessor and shall satisfy and discharge any judgment entered therein. If Lessee fails to discharge within the above mentioned 30-day period any mechanic’s lien or charge herein required to be construed as excluding any other paid or further remedy which the discharged by Lessee, Lessor may have pay such items or discharge such liability by payment or bond, or both, and Lessee will repay to Lessor upon demand any and all amounts paid by Lessor therefor, or by reason of any liability on any cash bond, and also any and all incidental expenses, including attorney’s fees in consequence of a breach reasonable amount, incurred by the Lessee of clause 14.1.
14.3 Save for any addition or improvement which is removed from the Grazing Land as required by the Lessor in terms of clause 14.2connection therewith, all additions and improvements made to the Grazing Land shall belong to the Lessor and may not be removed from the Grazing Land at any time. The Lessee shall nottogether with interest thereon; provided, whatever the circumstanceshowever, have any claim against the Lessor for compensation for any addition or improvement to the Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due right to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of contest any such matter as is referred to mechanic’s lien or other lien, provided that Lessee (1) diligently continues such contest in clauses 15.1.1 to 15.1.7 above.
15.2 The Lessor shall notgood faith, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.and
Appears in 1 contract
Alterations, Additions, and Improvements. 14.1 16.1 The Lessee shall not, except with the Lessor’s prior written consent, which consent will not be unreasonably withheld, make any alterations or additions to the ImprovementsPremises or any part thereof, whether structurally or otherwise, without the Lessor’s prior written consent.
14.2 16.2 If the Lessee does alter, add to to, or improve the Grazing Land or any part thereof Premises in any way, whether in breach of clause 14.1 16.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land Premises on the termination of this lease Agreement to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the 30th (specifyThirtieth) day after the Lessee has delivered up the Grazing Land Premises pursuant to the termination of this lease, Agreement; and this clause 14.2 16.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.116.1.
14.3 16.3 Save for any addition or improvement which is removed from the Grazing Land Premises as required by the Lessor in terms of clause 14.216.2, all additions and improvements made on or to the Grazing Land Premises (or the Lessor’s equipment) shall belong to the Lessor and may not be removed from the Grazing Land Premises at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition improvement or improvement repair to the Grazing LandPremises or the Lessor’s equipment, nor shall the Lessee have any a right of retention in respect of any improvements.
15.1 16.4 The Lessee shall have no claim for damages against not contravene or permit the Lessor and may not withhold contravention of any law, by-law, regulation, town planning scheme or delay condition of title, relating to or affecting the Premises in respect of any payment due alteration or addition to the Lessor by reason directly or indirectly of
15.1.1 a breach Premises, the approval by the Lessor of any of its obligations under this lease;
15.1.2 any act alteration or omission of addition shall not be construed as a condonation by the Lessor or of any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state contravention of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failurelaw (as above), and the Lessee indemnifies shall remain liable to comply with same.
16.5 The Lessee shall comply with all the terms and conditions, which the Lessor against all liability to members may prescribe in giving the consent in terms of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above16.1.
15.2 16.6 The Lessor terms of this Agreement and specifically this clause 16, shall not, however, not in any way be excused from specific performance of construed as placing any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford obligation on the Lessee occupation and enjoyment of to effect any leasehold improvement to the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereofPremises, and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demandBuilding and/or Property.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee shall not, except with not make any alterations or additions to the Premises or any item of the Furniture without the Lessor’s prior written consent, which but the Lessor shall not withhold its consent will not be unreasonably withheld, make any alterations to an alteration or additions addition to the ImprovementsPremises which is not structural.
14.2 13.2 If the Lessee does alter, add to to, or improve the Grazing Land or any part thereof Premises in any way, whether in breach of clause 14.1 13.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Grazing Land Premises on the termination of this lease to its their condition as it was prior to such alteration, addition or improvement having been made. The Lessor’s requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Grazing Land Premises pursuant to the termination of this lease, ; and this clause 14.2 13.2 shall not be construed as excluding any other or further remedy which the Lessor may have in consequence of a breach by the Lessee of clause 14.113.1.
14.3 13.3 Save for any addition or improvement which is removed from the Grazing Land Premises as required by the Lessor in terms of clause 14.213.2, all additions and improvements made to the Grazing Land Premises shall belong to the Lessor and may not be removed from the Grazing Land Premises at any time. The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition improvement or improvement repair to the Grazing LandPremises or the Furniture, nor shall the Lessee have any a right of retention in respect of any improvements.. 14 Exclusion of lessor from certain liability and indemnity
15.1 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 14.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 14.1.2 any act or omission of the Lessor or any agent or servant of, of or contractor to, to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
15.1.3 14.1.3 the condition or state of repair at any time of the Grazing LandProperty, any of the Improvements Building, or any part of the Grazing LandProperty or the Building;
15.1.4 14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Grazing LandPremises, the Building, or the Property (including, without generality being limited, any cleaning service), whatever the cause;
15.1.5 14.1.5 any breakdown of, or interruption in the operation of, any of the Improvements machinery, plant, equipment, installation or any system situated in or on, or serving serving, the Grazing Land Property, the Building, or the ImprovementsPremises, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
15.1.6 14.1.6 any interruption of, of or interference with, with the enjoyment or beneficial occupation of the Grazing Land Premises or any part thereof;of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether carried out by the Lessor or by anybody else; or
15.1.7 14.1.7 any other event or circumstance whatever, whatever occurring, or failing to occur, upon, in in, or about the Grazing LandProperty, the Building, or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above.,
15.2 14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land Premises and the Furniture as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms hereof, ; and if the Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be remedied, the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the reasonable cost thereof from the Lessor on demand.the
Appears in 1 contract
Sources: Lease Agreement