Alterations, Additions, and Improvements. Tenant shall not make any installations, alterations, additions, or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect to the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (v) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials.
Appears in 3 contracts
Sources: Lease (Dayton Superior Corp), Lease (Dayton Superior Corp), Lease (Dayton Superior Corp)
Alterations, Additions, and Improvements. Tenant shall not make any installations, No alterations, additions, or improvements in or (“Alterations”) shall be made to the Premises, including, Premises by Tenant without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided, except however, that only Tenant, without Landlord’s prior notice and a description of and plans for the work (written consent, but no approval) shall be required for any interior work costing upon not less than ten (10) business days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not adversely affect any systems or equipment of the Building, Lot 1 or the Project, (b) do not adversely affect the structural integrity or any structural components of the Building, Lot 1 or the Project, and (c) do not involve the expenditure of more than Seventy-Five Thousand and No/100 Dollars ($50,000 75,000.00) in the aggregate during any twelvetwelve (12) month period. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-month period of-pocket third party costs and expenses of consultants, engineers, architects and others for reasonable review of plans and specifications and for monitoring the construction of any proposed Alterations. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof by providing written notice to Tenant at the time Landlord responds to Tenant’s request for Landlord’s consent to the Alteration. If Landlord states in its response that does it will not require a permit with respect removal, then Tenant shall not be required to remove the applicable Alterations. All Alterations to be made to the building's structure or mechanical, electrical, or other building systems. Any such work so Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord Landlord, with such approval not being unreasonably withheld, conditioned or delayed) and shall be performed only made in accordance with plans and specifications therefor which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth in Schedules One and Two thereof, along with all applicable laws and any relevant LEED Certification Requirements, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies, to the extent such approval is required. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (retain ownership thereof), all Alterations, including, without limitation, exterior wallsall lighting, exterior windowselectrical, core wallsheating, columnsventilation, roofsair conditioning and full height partitioning, or floor slabs)drapery and carpeting installations made by Tenant, (ii) in any respect be incompatible together with the electrical or mechanical components or systems all property that has become an integral part of the BuildingPremises, (iii) affect space shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or areas around the Building (including the exterior sooner termination of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (v) require any unusual expense to re-adapt the Premises for the Permitted UsesLease. Tenant shall procure at Tenant's sole expense retain title to all necessary permits furniture and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is trade fixtures placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paidPremises. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord Within thirty (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,00030) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon days after completion of any such workAlterations, Tenant shall provide Landlord with "(A) a complete set of both hard copies and CAD drawings of “as built" plans” plans for such Alterations, copies and (B) a statement of all final costs of design, demolition, construction contracts and proof installation of payment for all labor and materialssuch Alterations.
Appears in 1 contract
Sources: Triple Net Space Lease (Rambus Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any installations, alterations, additions, physical additions or improvements in or to the Leased Premises, includingor place signs on or in the Leased Premises which are visible from outside the Leased Premises, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion first obtaining the prior written consent of Landlord, Landlord (which consent shall may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, Landlord will not be unreasonably withheld withhold its consent to alterations, physical additions or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect changes to the building's structure or Leased Premises that do not adversely affect the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or other building base Building improvements or systems. Any , provided such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment changes (i) in any manner affect any structural component are not visible from the exterior of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, Leased Premises or floor slabs)the Building, (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) do not affect space or areas around the Building (including the exterior of the Building), the structure of the Building or any public areas of the Project, (iii) do not violate any provision of this Lease, (iv) diminish the value of the Premises for the Permitted Usesdo not violate any Legal Requirements, or and (v) require will not interfere with the use and occupancy of any unusual expense other portion of the Project or the Complex by any other tenant or occupant of the Project or the Complex. If Landlord consents to re-adapt the Premises said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without limitation, requiring Tenant to furnish Landlord with security for the Permitted Usespayment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications, and permits for such work. Tenant's plans and specifications and construction means and methods shall be subject to Landlord's written approval. Tenant shall procure furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys' fees, upon demand.
(b) The work necessary to make any permitted alterations, improvements, or additions to the Leased Premises shall be done at Tenant's sole expense all necessary permits and licenses before undertaking by contractors approved in writing by Landlord (each such contractor hereinafter referred to as an "Outside Contractor") or, at Landlord's election, ------------------ by Landlord (without cost or expense to Landlord). If Landlord performs any work on the Property and shall perform all such work, upon completion of such work Tenant shall pay Landlord a fee for Landlord's supervision and administration of such work equal to ten percent (10%) of the cost of such work. All work performed by an Outside Contractor shall be performed in a good and workmanlike manner employing materials of good quality and so as to conform in compliance with all applicable zoningLegal Requirements, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord requirements (including without limitation worker's compensation insurance in accordance with statutory requirements Paragraph 5 of Exhibit C-1), the provisions of this Section 5.5 and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000all ----------- applicable Project Rules. Tenant shall give Landlord at least ten (10) and shall submit certificates evidencing such coverage to Landlord days prior to written notice before the commencement of any work pursuant to this Section 5.5. Additionally, if Landlord does not perform such work, subject work it shall be Tenant's responsibility to Section II of Exhibit D ensure that the Outside Contractor shall (i) conduct its work in such a manner so as not to unreasonably interfere with any other construction occurring on or in the case Project or the Complex or with the transaction of casualty. Tenant shall indemnify business in the Project and hold harmless in the Complex; (ii) comply with such reasonable rules and regulations applicable to all work being performed in the Project as may be promulgated from time to time by Landlord; (iii) maintain such insurance and bonds in full force and effect as may be reasonably requested by Landlord from or as required by Legal Requirements; and (iv) be responsible for reaching agreement with Landlord as to the reasonable terms and conditions for all injury, loss, claims or damage contractor items relating to any person or property occasioned by or arising out of such conducting its work. As a condition precedent to Landlord's approving the Outside Contractor pursuant hereto, Tenant and the Outside Contractor shall deliver to Landlord such assurances or instruments as Landlord may inspect reasonably require to evidence the Outside Contractor's compliance or agreement to comply with the provisions of clauses (i), (ii), (iii), and (iv) of this subsection (b). Landlord retains the right to make periodic inspections to assure conformity of the work of the Outside Contractor with the aforementioned rules and regulations and with the plans and specifications approved by Landlord. Within thirty (30) days after substantial completion of any work by Tenant, Tenant, at Tenant's cost and expense, shall furnish Landlord "as-built" drawings of such work and shall cause the architect(s) and/or engineer(s) that performed in connection with the work to prepare a report, in form and substance acceptable to Landlord, for the benefit of Landlord, certifying to the compliance of the work constructed by any Outside Contractor with the plans and specifications approved by Landlord. Each Outside Contractor shall not perform and, upon the request of Landlord, whether written or oral, each Outside Contractor shall cease to perform, any activity that is disruptive to the conduct of business within the Project or Complex or other tenants or occupants of the Project or Complex.
(c) Any and all such alterations, physical additions or improvements, when made to the Leased Premises by Tenant or on Tenant's behalf, shall at reasonable times once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however, this sentence shall not apply to movable equipment, trade fixtures or furniture owned by Tenant. Notwithstanding the foregoing, Tenant shall be obligated to repair any damage to the Leased Premises caused by the removal by Tenant of any such movables and to restore any areas affected by such removal of such movables such that the areas so affected are consistent with surrounding areas. If Tenant fails to remove such movables upon termination of this Lease, Landlord may have the same removed and any resulting damage repaired at Tenant's expense. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in accordance its sole discretion, without any right of reimbursement therefor to Tenant.
(d) Tenant shall not allow any liens to be filed against the Leased Premises or the Project in connection with Section 6.5 the installation of Tenant's improvements in, or any repair or alteration work to, the Leased Premises performed by Tenant or an Outside Contractor. If any such liens shall be filed, Tenant shall cause the same to be released within ten (10) days after the filing thereof by bonding or other method acceptable to Landlord; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant shall fail to timely cancel or discharge said lien or liens as required above, Landlord, at its sole option, may cancel or discharge the same and give notice Tenant shall pay to Landlord upon demand, Landlord's cost thereof plus a charge equal to fifteen percent (15%) of observed defectssuch costs for administrative cost recovery. Upon completion of any such work, Tenant shall provide deliver to Landlord with "as built" plansevidence of payment, copies contractors' affidavits and full and final waivers of all liens for, labor, services, or material. Tenant shall indemnify and hold harmless Landlord and Landlord's mortgagee from all losses, costs, damages, claims and expenses (including attorneys' fees and costs of suits), liabilities or causes of action arising out of or relating to any alterations, additions or improvements that Tenant or any Outside Contractor makes to the Leased Premises, including any occasioned by the filing of any mechanic's, materialman's, construction or other liens or claims (and all costs or expenses associated therewith) asserted, filed or arising out of any such work. All materialmen, contractors, artisans, mechanics, laborers and other parties hereafter contracting with Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Leased Premises are hereby charged with notice that they must look solely to Tenant for payment of same and Tenant's purchase orders, contracts and proof subcontracts in connection therewith must clearly state this requirement. Landlord shall have the right at all times to post and keep posted on the Leased Premises any notices permitted or required by Legal Requirements, or that Landlord shall deem proper for the protection of payment Landlord, the Leased Premises, the Project and any other party having an interest therein, from liens. Without limiting the generality of the foregoing, Tenant shall repair or cause to be repaired at its expense all damage caused by any Outside Contractor, its subcontractors or their employees. Tenant shall reimburse Landlord for any costs incurred by Landlord to repair any damage caused by any Outside Contractor or any costs incurred by Landlord in requiring any Outside Contractor's compliance with the rules and regulations. Additionally, Tenant shall reimburse Landlord for the reasonable costs Landlord may incur to have an engineer review all labor mechanical, structural, electrical, plumbing and materialslife safety systems installed by any Outside Contractor.
(e) Tenant agrees specifically that no food, soft drink or other vending machine will be installed within the Leased Premises without Landlord's prior written approval; provided, however, such approval shall not be withheld provided (i) the use of such machines is restricted to Tenant's employees and clients (but not to the general public), and (ii) Landlord approves the location, visibility and condition thereof.
Appears in 1 contract
Alterations, Additions, and Improvements. After the Commencement Date, Tenant shall not permit, make or allow to be made any installationsconstruction, alterations, additions, physical additions or improvements in or to the Premises, including, Premises without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld (“Tenant Work”). Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or delayedimprovements, except that only prior notice (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and a description (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and plans for the work specifications and all contractors, subcontractors, vendors, architects and engineers (but no approvalcollectively, “Outside Contractors”) shall be required subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for any interior work costing less than $50,000 such Tenant Work substantially in the aggregate during any twelve-month period and that does not require a permit with respect to the building's structure or mechanical, electrical, or other building systems. Any such work so approved form then used by Landlord shall be for construction performed only in accordance with plans and specifications therefor approved by Landlordtenants of the Building. Tenant shall not perform pay Landlord a construction oversight fee in an amount equal to ten percent (10%) of the cost and expense of any work in Tenant Work whether undertaken by Landlord or Tenant. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the Premises reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that would in Landlord's reasonable judgment such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in any manner affect any structural component paper and in electronic format acceptable to Landlord) after completion of the Building (such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including, without limitation, exterior wallscompliance with any construction rules adopted by Landlord from time to time, exterior windowsrequiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, core wallsinsurance covering Landlord against liabilities which may arise out of such work, columnsplans and specifications, roofs, and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the expiration or floor slabs), (ii) in any respect be incompatible with the electrical earlier termination of this Lease or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value Tenant’s right to possession of the Premises for under this Lease. All Tenant Work that is Above Standard shall be and remain the Permitted Usesproperty of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or (v) require any unusual expense earlier termination of this Lease or Tenant’s right to re-adapt possession of the Premises for under this Lease, at which time such Tenant Work shall become the Permitted Usesproperty of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, San F▇▇▇▇▇ Plaza/Summer Energy Holdings, Inc. DocuSign Envelope ID: A1357CC3-ED4D-47DF-A5FB-22FC3BC9DEAD promptly repair any damage to the Premises or the Building caused by such removal. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking not allow any work on liens to be filed against the Property and shall perform all such work Premises or the Project in a good and workmanlike manner employing materials of good quality and so as to conform connection with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirementsany Tenant Work. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approvalliens are filed, Tenant shall thereafter furnish cause the same to be released within five (5) days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section An A▇▇▇▇ 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any such Tenant Work. All Outside Contractors shall perform all work in a bond or good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other security acceptable tenants. Prior to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon final completion of any such workTenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall provide Landlord with "as built" plans, copies of diligently complete all construction contracts and proof of payment for all labor and materialssuch punch list items.
Appears in 1 contract
Sources: Commercial Lease Agreement (Summer Energy Holdings Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make or allow to be made any installations, alterations, additions, alterations or improvements physical additions in or to the PremisesPremises or Building (such as changes or alterations that would affect the interior or exterior of the Building, includingwindow treatments, paint, surface texture, awnings or light fixtures) without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion first obtaining the prior written consent of LandlordLandlord in each such instance, which consent shall not be unreasonably withheld withheld, conditioned or delayeddelayed (except as otherwise expressly provided hereinafter). Landlord’s consent right hereunder shall include, except that only prior notice and a description of and plans for without limitation, the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect right to the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with approve Tenant’s proposed plans and specifications therefor approved by relating to such proposed alterations or SUBLEASE AGREEMENT Page ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BUILDING physical additions, which approval shall not be unreasonably withheld, conditioned or delayed. Withholding of Landlord’s consent will be deemed reasonable if Landlord reasonably believes any such alterations or changes to the Premises or Building could cause the Building to not be in compliance with the standards required for the Building to maintain its Part 3 Certification from the United States Department of the Interior, National Park Service. Tenant shall not perform agrees to indemnify Landlord and hold Landlord harmless against any loss, liability, claim, or damage resulting from any work done by Tenant in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (includingPremises. Any and all alterations, without limitation, exterior walls, exterior windows, core walls, columns, roofsphysical additions, or floor slabs)improvements, (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of when made to the Premises for the Permitted Usesby Tenant, or (v) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work be done in a good and workmanlike manner employing materials of good quality manner, lien-free and so as to conform in accordance with all applicable zoninglaws, building, fire, health and other codes, regulations, ordinances and laws requirements and shall at once become the property of Landlord. Notwithstanding any other provision in this Lease, Landlord’s consent shall not be required for any alteration or improvement that (i) will not adversely affect the structural elements of the Building or the Building’s major systems, and (ii) will not cause the Building to not be in compliance with the standards required for the Building to maintain its Part 3 Certification from the United States Department of the Interior, National Park Service.
(b) Subject to Landlord’s right to approve Tenant’s proposed plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install a custom staircase within the Premises, at Tenant’s sole cost and expense, provided such custom staircase complies with all applicable insurance requirementslaws, codes and regulations, and with Landlord’s structural requirements for the affected floors. If Tenant installs such staircase, Tenant shall be responsible for removing the same when Tenant vacates the Premises at the end of the Lease Term and for restoring the area to its prior condition.
(c) Subject to Landlord’s right to approve Tenant’s proposed plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right (i) to use the existing structurally-prepared rooftop patio (1,918 square feet); provided, that if Tenant elects to use such space, Tenant shall, at its sole cost and expense, install a decking finish which complies with all applicable laws, codes and regulations (with the costs associated therewith to be deducted from the Allowance); and (ii) to finish out all or any notice portion of contract or lien the remainder of the roof area, at Tenant’s sole cost and in compliance with all applicable laws, codes and regulations; provided, that such remainder of the roof area is placed on not, as of the Property arising from work performed by or for Effective Date, structurally prepared, such that Tenant, if requested by Landlord for it elects to finish out all or any work requiring Landlord's approvalpart of such area, Tenant shall thereafter furnish must also cause the same to Landlord prior to commencement of any be structurally prepared, at Tenant’s sole cost and in compliance with all applicable laws, codes and regulations. Any such work a bond or other security acceptable to Landlord assuring that any work roof-top area improved by Tenant will be completed in accordance with herewith, and Tenant’s use thereof, shall be subject to all of the approved plans terms and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance conditions set forth in types and amounts reasonably approved by Landlord this Lease (including without limitation worker's compensation insurance Tenant’s maintenance obligations under Paragraph 13), other than those pertaining to the payment of rent. With respect to any such construction by Tenant, (A) Tenant shall consult with a structural engineer of Landlord’s choice and/or Landlord’s roofing contractor to insure that neither the integrity of the roof of the Premises, nor Landlord’s roof warranty, shall be negatively affected by the placement and installation of any of the foregoing roof-top improvements; (B) any and all roof penetrations must be performed by Landlord’s roofing contractor; and (C) any structural and/or roof damage caused by the installation, use, operation or maintenance of any of the foregoing roof-top improvements shall be promptly repaired at Tenant’s sole cost and expense. For the avoidance of doubt, the parties acknowledge and agree that the rooftop areas, including the patio, shall be considered and treated as rentable square feet within the Premises but shall not be included in the calculation of rent or the Allowance.
(▇) Notwithstanding any consents or approvals that Landlord may grant pursuant to this Lease (including without limitation pursuant to the foregoing provisions of this Paragraph 17), Tenant acknowledges and agrees that it shall not be permitted to proceed with the construction or installation of any proposed modification to the Building or the Premises (including without limitation Tenant’s Work) until all required approvals have been obtained from the United States Department of the Interior, the National Park Service and the Texas Historical Commission, as applicable. Notwithstanding anything to the contrary contained herein, (i) Landlord will reasonably cooperate with Tenant in Tenant’s efforts to secure any such necessary approvals, but Landlord shall not be required to incur any expense in connection therewith, and (ii) Tenant shall be entitled to rely on any required approvals obtained from the United States Department of the Interior, the National Park Service and the Texas Historical Commission in connection with any construction in or about, or modification to, the Building or the Premises (including without limitation Tenant’s Work), and provided that the work done by Tenant is performed in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such workrequired approvals, Tenant shall provide Landlord with "have no liability for any costs or damages (including the costs of any required renovation) should it later be determined that any such approval was given erroneously or that historic approvals were required from other agencies or entities for the applicable work previously approved by the United States Department of the Interior, the National Park Service and the Texas Historical Commission, as built" plans, copies of all construction contracts and proof of payment for all labor and materialsapplicable.
Appears in 1 contract
Sources: Sublease Agreement (A. H. Belo Corp)
Alterations, Additions, and Improvements. (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any installations, alterations, additions, physical additions or improvements in or to the Leased Premises, includingor place signs on or in the Leased Premises which are visible from outside the Leased Premises, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion first obtaining the prior written consent of Landlord, Landlord (which consent shall may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, Landlord will not be unreasonably withheld withhold its consent to alterations, physical additions or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect changes to the building's structure or Leased Premises that do not adversely affect the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or other building base Building improvements or systems. Any , provided such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment changes (i) in any manner affect any structural component are not visible from the exterior of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, Leased Premises or floor slabs)the Building, (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) do not affect space or areas around the Building (including the exterior of the Building), the structure of the Building or any public areas of the Project, (iii) do not violate any provision of this Lease, (iv) diminish the value of the Premises for the Permitted Usesdo not violate any Legal Requirements, or and (v) require will not interfere with the use and occupancy of any unusual expense other portion of the Project by any other tenant or occupant of the Project or the Complex. If Landlord consents to re-adapt the Premises said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without limitation, requiring Tenant to furnish Landlord with security for the Permitted Usespayment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications, and permits for such work. Tenant's plans and specifications and construction means and methods shall be subject to Landlord's written approval. Tenant shall procure furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys' fees, upon demand.
(b) The work necessary to make any permitted alterations, improvements, or additions to the Leased Premises shall be done at Tenant's sole expense all necessary permits and licenses before undertaking by contractors approved in writing by Landlord (each such contractor hereinafter referred to as an "Outside Contractor") or, at Landlord's election, ------- ---------- by Landlord (without cost or expense to Landlord). If Landlord performs any work on the Property and shall perform all such work, upon completion of such work Tenant shall pay Landlord a fee for Landlord's supervision and administration of such work equal to ten percent (10%) of the cost of such work. All work performed by an Outside Contractor shall be performed in a good and workmanlike manner employing materials and in compliance with all Legal Requirements, Landlord's requirements, the provisions of good quality this Section 5.5 and all applicable Project Rules. Tenant shall give Landlord at least ten (10) days prior written notice before the commencement of any work pursuant to this Section 5.5. Additionally, it shall be Tenant's responsibility to ensure that the Outside Contractor shall (i) conduct its work in such a manner so as not to conform unreasonably interfere with any other construction occurring on or in the Project or the Complex or with the transaction of business in the Project and in the Complex; (ii) comply with such reasonable rules and regulations applicable to all applicable zoningwork being performed in the Project as may be promulgated from time to time by Landlord; (iii) maintain such insurance and bonds in full force and effect as may be reasonably requested by Landlord or as required by Legal Requirements; and (iv) be responsible for reaching agreement with Landlord as to the terms and conditions for all contractor items relating to conducting its work. As a condition precedent to Landlord's approving the Outside Contractor pursuant hereto, buildingTenant and the Outside Contractor shall deliver to Landlord such assurances or instruments as Landlord may reasonably require to evidence the Outside Contractor's compliance or agreement to comply with the provisions of clauses (i), fire(ii), health (iii), and other codes, regulations, ordinances (iv) of this subsection (b). Landlord retains the right to make periodic inspections to assure conformity of the work of the Outside Contractor with the aforementioned rules and laws regulations and with the plans and specifications approved by Landlord. Within thirty (30) days after substantial completion of any work by Tenant, Tenant, at Tenant's cost and expense, shall furnish Landlord "as-built" drawings of such work and shall cause the architect(s) and/or engineer(s) that performed in connection with the work to prepare a report, in form and substance acceptable to Landlord, for the benefit of Landlord, certifying to the compliance of the work constructed by any Outside Contractor with the plans and specifications approved by Landlord. Each Outside Contractor shall not perform and, upon the request of Landlord, whether written or oral, each Outside Contractor shall cease to perform, any activity that is disruptive to the conduct of business within the Project or Complex or other tenants or occupants of the Project or Complex.
(c) Any and all applicable insurance requirementssuch alterations, physical additions or improvements, when made to the Leased Premises by Tenant or on Tenant's behalf, shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant fails to remove such movables upon termination of this Lease, Landlord may have the same removed and any resulting damage repaired at Tenant's expense. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant.
(d) Tenant shall not allow any liens to be filed against the Leased Premises or the Project in connection with the installation of Tenant's improvements in, or any repair or alteration work to, the Leased Premises performed by Tenant or an Outside Contractor. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approvalsuch liens shall be filed, Tenant shall thereafter furnish cause the same to be released within five (5) days after the filing thereof by bonding or other method acceptable to Landlord; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant shall fail to timely cancel or discharge said lien or liens as required above, Landlord, at its sole option, may cancel or discharge the same and Tenant shall pay to Landlord prior upon demand, Landlord's cost thereof plus a charge equal to commencement fifteen percent (15%) of such costs for administrative cost recovery. Upon completion of any such work a bond or other security acceptable work, Tenant shall deliver to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans evidence of payment, contractors' affidavits and specifications full and that final waivers of all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on liens for, labor, services, or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualtymaterial. Tenant shall indemnify and hold harmless Landlord from all injurylosses, losscosts, damages, claims and expenses (including attorneys' fees and costs of suits), liabilities or damage causes of action arising out of or relating to any person alterations, additions or property improvements that Tenant or any Outside Contractor makes to the Leased Premises, including any occasioned by the filing of any mechanic's, materialman's, construction or other liens or claims (and all costs or expenses associated therewith) asserted, filed or arising out of any such work. Landlord may inspect All materialmen, contractors, artisans, mechanics, laborers and other parties hereafter contracting with Tenant for the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion furnishing of any such worklabor, services, materials, supplies or equipment with respect to any portion of the Leased Premises are hereby charged with notice that they must look solely to Tenant for payment of same and Tenant's purchase orders, contracts and subcontracts in connection therewith must clearly state this requirement. Landlord shall have the right at all times to post and keep posted on the Leased Premises any notices permitted or required by Legal Requirements, or that Landlord shall deem proper for the protection of Landlord, the Leased Premises, the Project and any other party having an interest therein, from liens. Without limiting the generality of the foregoing, Tenant shall provide repair or cause to be repaired at its expense all damage caused by any Outside Contractor, its subcontractors or their employees. Tenant shall reimburse Landlord for any costs incurred by Landlord to repair any damage caused by any Outside Contractor or any costs incurred by Landlord in requiring any Outside Contractor's compliance with "as built" plansthe rules and regulations. Additionally, copies of Tenant shall reimburse Landlord for the reasonable costs Landlord may incur to have an engineer review all construction contracts mechanical, structural, electrical, plumbing and proof of payment for all labor and materialslife safety systems installed by any Outside Contractor.
(e) Tenant agrees specifically that no food, soft drink or other vending machine will be installed within the Leased Premises without Landlord's prior written approval, which approval shall not be unreasonably withheld.
Appears in 1 contract
Sources: Lease Agreement (Zixit Corp)
Alterations, Additions, and Improvements. Tenant shall not make any no alterations, installations, alterationsadditions or improvements, additions, or improvements including but not limited to Tenant's Work [referred to herein as "Tenant's Changes"] in or to the Demised Premises of any nature without Landlord's prior written consent. Subject to the provisions of this article, Tenant, at Tenant's expense, may make Tenant Changes to the interior of the Demised Premises, provided that such Tenant Changes do not (i) affect the exterior of the Building or any portion of the building other than the Demised Premises, (ii) affect the structure of the Building or any of its outer walls, any of its inner walls or columns which are load-bearing, its concrete floor, foundation or roof, or (iii) adversely affect any of the Building systems including, without limitation, any apertures in the wallsmechanical, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect to the building's structure or mechanicalsprinkler, electrical, or heating, plumbing and other building systems. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) in any respect be incompatible with the electrical or mechanical components or service systems of the Building, subject, however, at all times, to the following:
(i) Tenant shall first obtain requisite permits and authorizations from governmental authorities having jurisdiction;
(ii) Except for a replacement of a prior improvement theretofore installed by Tenant, to which Landlord had consented, obtain Landlord's consent (which Landlord's consent not to be unreasonably withheld if the Tenant Changes or alteration would not, in the reasonable opinion of the Landlord, impair the value or usefulness of the premises);
(iii) affect space or areas around the Building Any such Tenant Changes and alteration shall be made promptly (including the exterior of the Building), unavoidable delays excepted) in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations;
(iv) diminish the value The cost of the Premises for Tenant Changes shall be paid by Tenant so that the Permitted Uses, or demised premises remain free of any liens;
(v) require any unusual expense If requested by Landlord, post with Landlord, adequate security to re-adapt assure restoration of the Premises premises at the end of the term. The security shall be computed at the rate of $5.00 per square foot for the Permitted Usescost of removal of offices and/or enclosed finished space. Tenant The cost of removal and restoration of all other improvements shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish likewise have security given to Landlord prior to commencement the extent the cumulative cost of any removal and restoration exceeds $50,000.00 or such work a bond or other security acceptable to Landlord assuring that any work greater sum as hereinafter provided. The sum of $50,000.00 shall be increased annually at the rate of three percent (3%) per year commencing 2002;
(vi) Maintain proper insurance;
(vii) If by Tenant will be completed in accordance with the approved law plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials.are
Appears in 1 contract
Sources: Lease Agreement (Movado Group Inc)
Alterations, Additions, and Improvements. Tenant shall not make any installations, alterations, additions, or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect to the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (v) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials.. During the first twenty four (24) months of the Term, Tenant shall be entitled to expand the Building pursuant to the terms and provisions of this Lease, including, but not limited to, this
Appears in 1 contract
Sources: Lease (Dayton Superior Corp)