Common use of ALTERATIONS AND IMPROVEMENTS Clause in Contracts

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Franklin Financial Network Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right, without having obtained the prior written consent of Landlord and Lender and provided that no Event of Default then exists, (Ai) No alterationsto make non- structural Alterations or a series of related non-structural Alterations that, additionsas to any such Alterations or series of related Alterations (within any period), do not cost in excess of the Threshold Amount and (ii) to install Building Systems and Components in the Improvements or improvements accessions to the PremisesBuilding Systems and Components that, except as to such Building Systems and Components or accessions (installed within any period), do not shall be deemed approved by Landlord. If Tenant makes any Alterations pursuant to this Paragraph 13 or as may required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as “Work”) whether or not Landlord's consent is required, then the Leased Premises shall not have its usefulness impaired in any material respect, (i) all such Work shall be provided for performed by Tenant in a good and workmanlike manner, (ii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iii) all such Work shall comply with the Insurance Requirements, (iv) if any such Work involves the replacement of Building Systems and Components or parts thereto, all replacement Building Systems and Components or parts shall have a value and useful life at least equal to the value and useful life of the Building Systems and Components being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Building Systems and Components was then in the condition required by this Lease), (v) Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vi) Tenant shall procure and pay for all permits and licenses required in connection with any such Work, (vii) all such Work shall be made without first having the consent, in writing, property of the Landlord. The design of all work Landlord and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse execute and deliver to Landlord for such sumany document reasonably requested by Landlord evidencing the assignment to Landlord of all estate, plus an administrative fee right, title and interest (other than the leasehold estate created hereby) of fifteen percent Tenant or any other Person thereto or therein, and (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (Dviii) Tenant shall not have any authority comply, to create any liens for labor the extent requested by Landlord or material on the Landlord’s interest in the Premises and all persons contracting required by this Lease, with the Tenant for the destruction or removal provisions of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, Paragraphs 12(a) and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto19(a), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentwhether or not such Work involves restoration of the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications not make alterations or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements additions to the Premises strictly without Landlord's prior written approval and then only in compliance accordance with plans and specifications therefor first approved by Landlord. Without limitation, Landlord may withhold approval of any alterations or additions which would (a) delay completion of the ADA and applicable code. Premises or the Building, (Bb) At require unusual expense to readapt the expiration or sooner Premises to normal use upon termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; Lease or (iic) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling construction or insurance or increased Taxes. All alterations and additions shall be part of the Premises unless and until Landlord shall specify the same for use by future tenantsremoval in a notice delivered to Tenant on or before the Lease Termination Date. Tenant shall, at its cost, repair any damage caused by the removal All of trade fixtures Tenant's alterations and other required items. Tenant additions and installation of furnishings shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection be coordinated with any alterations, additions work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Building or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lieninterfere with Building operation and, judgmentsexcept for installation of furnishings, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made performed by contractors or filedworkmen first approved by Landlord. Except for work done by or through Landlord, Tenant shall bond against or discharge before its work is started shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien names of all its contractors and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant subcontractors and the Tenant’s interests in the Premises estimated cost of all labor and material to secure the payment of any be furnished by them, provided to Landlord such payment, performance and ▇▇▇▇ for ▇▇▇▇▇ or other security as Landlord shall reasonably require; and cause each contractor to carry workers’ compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and commercial general liability insurance with such limits as Landlord may reasonably require, but in no event less than $1,000,000.00 and property damage insurance with limits of not less than $1,000,000.00 and have deductibles of no more than $5,000.00 (all such insurance to be written by companies approved by Landlord and insuring Tenant and Landlord and its managing agent and its mortgagees, as well as the contractors), and to deliver to Landlord certificates of all such insurance. ▇▇▇▇▇▇ agrees to pay promptly when due the entire cost of any work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements by ▇▇▇▇▇▇, its agents, employees or independent contractors, and not to cause or permit any liens therewith to attach to the Premises and immediately to discharge any such liens which may so attach. All construction work done by Tenant, its agents, employees or independent contractors shall be for Tenant’s account done in a good and at Tenant’s cost (workmanlike manner and Tenant shall pay ad valorem taxes in compliance with all Legal Requirements and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional RentInsurance Requirements.

Appears in 1 contract

Sources: Lease Agreement (Paid Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterations, additionsalteration in, or improvements to addition to, the Premises, except such as may be provided for in this Lease, shall Premises will be made without first having the obtaining Landlord's prior written consent, in writingwhich Landlord shall not unreasonably withhold or delay, and any such work consented to, although paid for by Tenant, will be done by Landlord with Landlord reserving the right to charge Tenant a fee equal to five percent (5%) of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval cost of the planswork for supervision of such alterations or additions. Notwithstanding the foregoing, specifications Tenant may elect to perform such approved alteration or working drawings for Tenant’s alterations addition itself, so long as such alteration or addition does not affect the Building mechanical, electrical or plumbing systems and in such event shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterationsnot be charged a supervision fee. (b) All erections, additions, fixtures and improvements, whether temporary or improvements to permanent in character (except only the trade fixtures and movable office furniture of Tenant) made in or upon the Premises, shall be and remain Landlord's property and shall remain upon the Premises strictly in compliance with the ADA and applicable code. (B) At at the expiration or sooner earlier termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without with no compensation to Tenant; or (ii) be removed and . Landlord reserves the Premises restored right to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving such improvements or additions at the Premisestermination hereof or within fifteen (15) days thereafter. Notwithstanding anything contained herein to the contrary, and Tenant shall not be required to remove any other improvements of installations or additions unless Landlord expressly reserves the right to require such removal by written notice to Tenant that at the same time Landlord deems consents to increase the cost of remodeling the Premises for use by future tenantssuch improvement or addition. Tenant shallLandlord may, at its costelection, repair any damage to the Premises caused by or in connection with the removal of any articles of personal property, business or trade fixtures fixtures, alterations, improvements and other required items. installations, and all costs for such repairs shall be at Tenant's expense. (c) Notwithstanding the foregoing, Tenant shall save Landlord harmless on account of claims for mechanics”be permitted to make cosmetic alterations, materialmen’s or other liens in connection with any alterationsinstallations, additions or improvements to the Premisesinterior of the Premises which are non-structural and which do not affect the mechanical or utility facilities or systems or materially impair the value of the Premises without first obtaining Landlord's written consent, provided Tenant gives Landlord notice of such alterations, installations, additions or improvements and Tenant's contractors and vendors follow Landlord's established procedures, rules and regulations for such alterations, installations, additions or improvements and do not disrupt the operations of other tenants in the Building. Notwithstanding anything contained herein to the contrary, Tenant may employ, without Landlord's verbal or written consent, contractors in connection with any services, provisions, installations, alterations or maintenance of or to Tenant's personal property such as but not limited to the installation and maintenance of its phone and data systems, computer systems, and Tenant willits furniture, if required by fixtures and equipment so long as Tenant's contractors and vendors follow Landlord's established procedures, furnish a lien waiver rules and regulations for a bond in form such services, provisions, alterations, installations or maintenance and with surety satisfactory to Landlord, as Landlord may require before starting any work on do not disrupt the Premises. Further, Tenant agrees to hold Landlord harmless from liability operations of other tenants in the event Tenant fails to comply with the requirements of the ADA in performing any work in the PremisesBuilding. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Infinity Property & Casualty Corp)

ALTERATIONS AND IMPROVEMENTS. (A) 4TH: No alterations, additions, additions or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, written consent of the LandlordLandlord Improvements which shall not be unreasonably withheld. The design of Any such alterations, additions or improvements must be done in a ▇▇▇▇▇▇▇ like manner in keeping with all work building codes and installments undertaken by Tenant shall be subject to regulations and in no way harm the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval structure of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on demised premises. It is understood that Tenant intends to subdivide the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsone existing theater at the demised premises into five separate theaters. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance comply with the ADA and applicable code. (B) conditions contained in a letter from the Township of Cedar Grove Director of Community Development dated April 17, 1990, as modified by letter of April 30, 1990. At the expiration or sooner termination of this LeaseLease or any extension thereof, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its costexpense, repair any damage caused upon written request from Landlord must restore the within demised premises to its original condition, except as shall have been modified by the removal of trade fixtures above permitted subdivision and other required itemsalterations made pursuant thereto. Tenant shall save The Landlord harmless on account of claims for mechanics”reserves the right, materialmen’s or other liens in connection with before approving any such alterations, additions or improvements to require the PremisesTenant to furnish him a good and sufficient bond, conditioned that it will save Landlord harm less from the payment of any claims either by way of damages or liens. All of such alterations, additions or improvements shall be made solely at the expense of the Tenant; and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold protect, indemnify and save harmless the Landlord harmless from liability in the event Tenant fails on account of any injury to comply with the requirements third persons or property, by reason of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractorssuch alterations, subcontractors, mechanics, laborers, materialmenadditions or improvements, and other items of like characterto protect, indemnify and will indemnify save harmless Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about from the defense payment of any suit in discharging the Premises claim of any kind or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee character on account of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens bills for labor or material on the Landlord’s interest in the Premises and all persons contracting with the connection therewith. Signs 5TH: The Tenant for the destruction or removal shall not place nor allow to be placed any signs of any facilities or to the improvements or for the erectionkind whatsoever, installationupon, alteration, or repair of any facilities or other improvements on in or about the Premisessaid premises or any part thereof, except of a design and all material menstructure and in or at such places as may be indicated and consented to by the Landlord in writing which shall not be unreasonably withheld. In case the Landlord or the Landlord's agents, contractorsemployees or representatives shall deem it necessary to remove any such signs in order to paint or make any repairs, subcontractorsalterations or improvements in or upon said premises or any part thereof, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements may be so removed but shall be for Tenant’s account replaced at true Landlords expense when said repairs, alterations or improvements shall have been completed. Any signs permitted by the Landlord shall at all times conform with all municipal ordinances or other laws and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable regulations applicable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Assignment, Assumption and Consent to Assignment of Lease (Clearview Cinema Group Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No The Lessee shall not commit waste nor suffer nor permit waste to be committed on said premises. Lessee will keep the building and all other improvements to the extent covered by this lease in sound condition and good repair and will neither do nor permit to be date anything to the said premises that may impair the value thereof Lessee shall take good care of the leases premises and fixtures therein and shall quit and surrender said premises at the end or other termination of said term in good condition as the reasonable use thereof will permit and shall not make any alterations, additions, or improvements to in said premises without the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, written consent of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlordsaid Lessor, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete all alterations, additions, or improvements which shall be made by either of the parties hereto upon the premises, except office furniture, never attached to the Premises strictly building or any part thereof; put in compliance with at the ADA and applicable code. (B) At expense of the expiration or sooner termination of this LeaseLessee, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as shall be the property of the Landlord without compensation to Tenant; or (ii) said Lessor and shall remain upon and be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply surrendered with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any premises as a part thereof from any lienat the termination of this lease, judgmentswithout disturbance, molestation, or encumbrances caused or suffered injury. Lessee, by Tenantmoving into the leased premises and taking possession thereof, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due accept and shall be included in held to have accepted the leased premises as suitable for the purposes for which the some are leased, and shall accept and shall be held to have accepted the said building and each and every appurtenance thereof, and said Lessee by said act waives any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantdefects therein. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Office Lease

ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Office Building structure or systems, do not materially adversely impact other tenants, are not visible from outside the Premises and do not cost in excess of $100,000.00 in the aggregate in any rolling twelve (A12) No month period during the Term, Tenant shall not make or allow to be made any alterations, physical additions or improvements (which shall be deemed to include the relocation or replacements of the Rooftop Equipment and the Exclusive Equipment from time to time) in or to the Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or improvements to withheld in the sole, unfettered discretion of Landlord if the alterations will affect the Office Building structure or systems or will be visible from outside the Premises, except such as may but which consent shall not be provided for in this Leaseunreasonably withheld, shall delayed or conditioned if the alterations will not affect the Office Building structure or systems and will not be made without first having visible from outside the consent, in writing, of the LandlordPremises. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete Any alterations, additions, additions or improvements to shall maintain a finish level at or exceeding the Premises strictly finish level existing in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as of the Commencement Date. Upon Landlord's request but only with respect to alterations, additions or improvements that require Landlord’s consent as provided herein, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements; provided, however, that if the nature of Tenant’s proposed alterations, additions or improvements does not necessitate the preparation of plans LEGAL02/30607851v15 and specifications, then Tenant shall deliver to Landlord a reasonable working description of the proposed alterations, additions or improvements. Any alterations, physical additions or improvements shall at once become the property of the Landlord without compensation to TenantLandlord; or (ii) be removed and the Premises restored to their original condition provided, however, Landlord, at Tenant’s cost. It is specifically understood and agreed that Landlord its option, may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements that are reasonably anticipated not to be re-usable for Landlord’s actual or contemplated future tenant(s) and/or that are reasonably anticipated to result in higher than customary demolition costs (and/or any cabling installed by or on behalf of Tenant) in order to restore the Premises to the Premisescondition existing on the Commencement Date. Notwithstanding the foregoing to the contrary, the foregoing removal option shall not apply if at the time Tenant requested Landlord's consent to such alterations, additions or improvements, Tenant delivered a notice to Landlord which included the phrase in bold type, "LANDLORD MUST RESPOND TO TENANT IN WRITING WHETHER OR NOT THE ALTERATIONS, ADDITIONS OR IMPROVEMENTS WHICH ARE THE SUBJECT OF THIS NOTICE MUST BE REMOVED IN ORDER TO RESTORE THE PREMISES TO THE CONDITION EXISTING ON THE COMMENCEMENT DATE". Following receipt of such a notice from Tenant, Landlord shall indicate whether such alterations, additions or improvements will need to be removed at the expiration or earlier termination of this Lease, and Landlord shall be bound by such determination thereafter. Tenant willshall not be required to remove alterations, if required physical additions or improvements (other than cabling) that are both reasonably anticipated to be re-usable for Landlord’s actual or contemplated future tenant(s) and reasonably anticipated not to result in higher than customary demolition costs. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain or cause to be maintained appropriate liability and builder's risk insurance throughout the construction. Except to the extent due to the negligence or willful misconduct of Landlord, furnish a lien waiver for a bond in form Tenant does hereby indemnify and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements and against all claims for damages or death of persons or damage or destruction of property arising out of the ADA in performing performance of any work in such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Premises. (C) Term of this Lease and any extensions or renewals thereof, any ad valorem or property tax on such alterations, additions or improvements, Tenant agrees that Tenant will hereby covenanting to pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filedtaxes when they become due. In the event Tenant fails any alterations, additions, improvements or repairs are to have be performed by contractors or workmen other than Landlord's contractors or workmen, any such lien removed as required hereundercontractors or workmen must first be approved, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sumin writing, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expensesby Landlord, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant which approval shall not be withheld, delayed or conditioned unreasonably. Landlord agrees to assign to Tenant any rights it may have any authority to create any liens for labor or material on against the Landlord’s interest in contractor of the Premises and all persons contracting with the Tenant for the destruction or removal of respect to any facilities or to the work performed by said contractor in connection with improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished made by Landlord at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Healthsouth Corp)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, 7.1 Landlord shall diligently perform and install or cause to be installed the improvements to the PremisesPremises required of it as specifically set forth on Exhibit C attached hereto and incorporated herein ("Landlord's Work"). Except as so set forth, except such Tenant otherwise accepts the Premises in its "as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlordis" condition. The design of all work and installments undertaken by Tenant shall be subject entitled to the Tenant Work Allowance set forth in Exhibit D attached hereto. 7.1.1 Prior to performing any such Tenant Work, Tenant agrees to furnish Landlord with a complete detailed set of plans and specifications. Landlord reserves the right to require such set of plans and specifications to be drawn by a registered architect which architect shall be previously approved in writing by Landlord. Plans and specifications are not approved by Landlord for engineering design and by approving such plans and specifications, the Landlord does not assume any liability or responsibility whatsoever therefor or for any defect in any structure constructed from such plans and specifications. The Landlord shall not be liable to the Tenant or any other person for any damage, loss or prejudice suffered or claimed on account of its approval or disapproval of Landlordany plans, drawings, specification or the construction or performance of any work whether or not pursuant to such approved plans, drawings and no specifications. 7.2 Tenant shall diligently perform and install or cause to be installed the improvements and work to the Premises required of it as specifically set forth on said Exhibit D ("Tenant's Work"). All of the Tenant's Work shall commence until such approval is obtained. Landlord’s approval of be performed by licensed, bonded and insured contractors substantially in accordance with the plans, specifications and related requirements established pursuant to this Section 7 and said Exhibit D. 7.2.1 Tenant shall observe and perform all of its obligations under this Lease (except its obligations to pay Minimum Monthly Rent and Additional Rent), from the earlier of the date upon which Tenant first enters the Premises or working drawings the date upon which the Premises is made available for Tenant’s alterations 's Work until the Commencement Date of the Lease, in the same manner as though the Lease Term began upon such date. 7.2.2 Tenant, at its own expense, shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance comply with any applicable governmental all laws, rules rules, orders, ordinances, directions, regulations and requirements of federal, state, county and municipal authorities now in force or regulationswhich hereafter may be in force ("Requirements"), which shall impose any duty upon Landlord or Tenant with respect to the improvement, use, occupation or alteration of the Premises by Tenant, including, but not limited to the Americans with Disabilities Act ("ADA") which may be applicable thereto. Tenant agrees to indemnify and save Landlord harmless from and against any penalty, damage or charge imposed for any violation by Tenant, its assignees, subtenants, licensees, agents and employees of any said Requirements. 7.3 Tenant shall complete not make any additions, alterations, additions, improvements or improvements changes ("improvements") in or to the Premises strictly without the prior written approval of Landlord. Except as provided in Exhibit C hereof, any improvements shall be at the sole cost and expense of Tenant. Any improvements shall be made promptly and in good and workmanlike manner and in compliance with all insurance requirements and with all applicable permits, authorizations, building regulations, zoning laws, environmental regulations, laws regarding the ADA physically disabled and applicable code. (B) At all other governmental rules, regulations, ordinances, statutes and laws, now or hereafter in effect pertaining to the Premises or Tenant's use thereof. Any improvements made by Tenant shall at Landlord's option become the property of Landlord upon the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderHowever, Landlord shall have the right to require Tenant to remove such improvements, at Tenant's sole cost and expense, upon such termination of this Lease and to surrender the Premises in the same condition as it was prior to the making of any or all such improvements, ordinary wear and tear excepted. 7.4 Landlord may require Tenant, at Tenant's sole cost and expense, to furnish a bond or other security satisfactory to Landlord to assure diligent and faithful performance of any work at the Premises to be performed by Tenant. 7.5 Tenant shall indemnify and hold Landlord, the Property and Landlord's managing agent for the Property free of and harmless from any and all liabilities, losses, claims, damages or otherwise based upon or in any manner growing out of any alterations or construction undertaken by Tenant whether specifically under the terms of this Lease or otherwise, including all costs, including but not limited to damages, expenses, court costs and attorney's fees incurred in or resulting from claims made by any person or persons, by other tenants of premises in the Property, their subtenants, agents, employees, customers and invitees. 7.5.1 Before undertaking any alterations or construction, Tenant or Tenant Contractor shall obtain and pay such lien for a commercial liability insurance policy insuring Landlord and Tenant shall reimburse Landlord for against any liability which may arise on account of such sum, plus an administrative fee proposed alterations or construction work in limits of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to not less than $1,000,000.00 combined single limit coverage; a copy of such policy shall be considered as rent due and shall be included in delivered to Landlord prior to the commencement of any lien for rent. (D) such proposed work. Tenant shall not have any authority also maintain at all times "all-risk" casualty insurance in the name of Landlord and Tenant as their interests may appear in the amount adequate to create any liens for labor cover the cost of replacement of all alterations, decorations, additions, or material on the Landlord’s interest improvements in and to the Premises and all persons contracting with trade fixtures therein, in the event of casualty loss. Tenant for shall deliver to Landlord copies of such insurance policies or certificates which shall contain a clause requiring the destruction insurer to give Landlord not less than ten (10) days prior written notice of cancellation of such policies. 7.6 Tenant will indemnify Landlord against any lien, encumbrance or removal of any facilities or to the improvements or for the erectioncharge upon fixtures, installation, alterationequipment, or repair of any facilities or other improvements on or about personal property located within the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided 7.7 All signs shall be designed, constructed and installed in this Lease as shown on the Floorplan accordance with Exhibit F attached hereto and incorporated by this reference herein or such uniform sign criteria as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements may be promulgated by Landlord in lieu thereof. All such signage shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable installed by Tenant to Landlord upon demand as Additional Rentthe Commencement Date.

Appears in 1 contract

Sources: Lease (Truevision International Inc)

ALTERATIONS AND IMPROVEMENTS. A. Tenant acknowledges that Landlord owns the Building(s). Tenant accepts the Building(s) from Landlord in its "as is" conditions, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (Ai) No the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use. B. If Tenant proposes to make or construct any alterations, additionsimprovements, additions or fixtures that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the Building without Landlord's prior written consent. All such alterations, additions or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $15,000 for any single instance, or improvements if the proposed work involves the Building structure or utility systems, any contractor or person selected by Tenant to make the same shall first be approved by Landlord. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not perform any of Tenant's Work until Tenant has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the Premisesextent, except such requirements are applicable to Tenant's work. C. Except as may be otherwise expressly provided for in this Lease, Tenant shall be made not repair, replace, or modify any utility system located within the Building without first having the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, in writing, structural element of the LandlordBuilding(s), facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be interpreted to make any other person or entity a third party beneficiary thereof. D. This Lease specifically prohibits Tenants, or any other party, from expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City of Berkeley. The design Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Property, are all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s prior written approval of the plansLandlord and all improvements are subject to the environmental review and permit regulations and approvals of same by all applicable local, specifications state, and federal agencies. E. Except for Exhibit “C” Improvements, Tenant shall not substantially deface or working drawings for Tenant’s alterations shall create no responsibility change any floors, walls, ceilings, roofs, or liability partition any of the structures or improvements on the part Property without first providing thirty (30) days written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of Landlord such notice, Tenant may proceed, provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for their completeness, design sufficiency, or compliance with the full amount of any applicable governmental laws, rules or regulationscontract for improvements that exceed $50,000. Tenant shall complete pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the Property and which may be secured by any mechanic's, material men’s or other lien against the Property or Landlord's interest therein. F. All alterations, additions, improvements or improvements additions that are now or in the future attached permanently to the Premises strictly in compliance Property shall be the Property of Landlord and shall remain with the ADA and applicable code. (B) At Property at the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either except that Landlord can elect within thirty (i30) remain on the Premises as the property days of the Landlord without compensation termination of the Lease to require Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair to remove any damage caused by the removal of trade fixtures and other required items. equipment that Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements has affixed to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Property. G. Tenant agrees that to hold Landlord harmless from liability in the event Tenant fails extent it is required to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedprevailing wage requirements, Tenant shall bond against assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or discharge other approval of the same within ten work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. Tenant agrees to post a copy of the prevailing rate of per diem wages at the Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars (10$25) days after for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the same has been made or filed. In California Labor Code), for each worker paid less than the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord applicable prevailing rates for such sum, plus an administrative fee of fifteen percent (15%) upon demandwork or craft in which such worker is employed. It is understood The difference between such prevailing wage rates and agreed between the parties hereto that amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the expenses, cost and charges above referred to prevailing wage rate shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority paid to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of each worker by Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either not make (i) remain on any non-structural Alterations to the Leased Premises as that cost more than $580,000 in the property of aggregate over the Landlord without compensation to Tenant; Term or (ii) be removed and any structural Alterations to the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Leased Premises, without having first obtained the prior written consent of Landlord and Lender, such consent not to be unreasonably withheld, conditioned or delayed. For any other improvements Alteration that requires Landlord’s and Lender’s consent, Landlord and Lender shall have fifteen (15) days following receipt from Tenant of installations the information related to the Alteration to either approve or disapprove the Alteration or request additional information on which to base their decision. If, during the initial fifteen (15) day review period, Landlord or Lender requests additional information concerning the Alteration, Tenant shall provide such additional information as soon as reasonably practicable, and Landlord and Lender shall approve or disapprove the Alteration no later than the fifteenth (15’) day following receipt of the requested additional information. Landlord and Lender shall be deemed to have acted reasonably in withholding consent if Tenant fails to deliver any such additional information. If a response is not received by Tenant that from Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal expiration of trade fixtures and other required itemssuch initial fifteen (15) day period or such subsequent fifteen (15) day period, as applicable, such Alteration shall be deemed approved. Tenant shall save not construct upon the Real Property any additional buildings without having first obtained the prior written consent of Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the PremisesLender. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to require Tenant to remove any Alterations except for those Alterations required by Law or for which Landlord has agreed in writing that removal will not be required. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as “Work”), then (i) the market value of the Leased Premises shall not be lessened by any such Work or its usefulness impaired, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the replacement of Equipment or parts thereto, all replacement Equipment or parts shall have a value and useful life equal to the greater of (A) the value and useful life on the date hereof of the Equipment being replaced or (B) the value and useful life of the Equipment being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Equipment was then in the condition required by this Lease), (vi) Tenant shall promptly discharge or remove all liens filed against the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such lien Work, (viii) all such Work (excluding Tenant’s trade fixtures and equipment) shall be the property of Landlord and shall be subject to this Lease, and Tenant shall reimburse execute and deliver to Landlord for such sumany document requested by Landlord evidencing the assignment to Landlord of all estate, plus an administrative fee right, title and interest (other than the leasehold estate created hereby) of fifteen percent Tenant or any other Person thereto or therein, and (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (Dix) Tenant shall not have any authority comply, to create any liens for labor the extent requested by Landlord or material on the Landlord’s interest in the Premises and all persons contracting required by this Lease, with the Tenant for the destruction or removal provisions of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, Paragraphs 12(a) and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto19(a), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentwhether or not such Work involves restoration of the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (P&f Industries Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterations, additions, or improvements Subject in each case to the Premisesrequirements of Paragraph 13(b), except such as may be Tenant shall have the right, without having obtained the prior written consent of Landlord or Lender and provided for in this Leasethat no Event of Default then exists, (i) to make Pre-Approved Alterations and (ii) to install or replace Fixtures or accessions to the Fixtures. If Tenant desires to make any Major Alteration to any Related Premises the prior written approval of Landlord and Lender shall be made without first having required. Withholding of such approval shall be deemed reasonable only if the consentproposed Major Alteration will, in writingthe judgment of Landlord or Lender, as applicable, in each case exercised reasonably and in good faith, fail to meet the requirements of Paragraph 13(b). Any such withholding of approval shall be evidenced by notice to Tenant, given within thirty (30) days after Tenant has submitted to Landlord design drawings prepared by a licensed architect or engineer if a building permit is required, or, if no building permit is required, such other reasonably detailed description of the Landlordproposed Major Alteration, which shall be sufficient to permit Landlord and Lender to make the determination required hereby, setting forth the reason(s) for such withholding of approval. The design of all work and installments undertaken by Tenant shall be subject to promptly furnish Landlord with such other information as Landlord may reasonably request during such thirty (30) day period regarding such proposed Major Alteration. In the approval absence of Landlordsuch notice by Landlord or Lender, Landlord and no work shall commence until such approval is obtained. Landlord’s Lender's approval of the plansproposed Major Alteration shall be deemed given so long as Tenant's request for approval is conspicuously marked in all capitals on both the outside of the package and within such correspondence with the notation "THIS REQUEST FOR APPROVAL SHALL BE DEEMED GRANTED UNLESS RESPONDED TO WITHIN THIRTY (30) DAYS OF RECEIPT". Upon not less than thirty (30) days prior notice (which notice shall include design drawings or other description sufficient to permit Landlord and Lender to make the determination required hereby), specifications Tenant shall have the right to make Major Replacements unless, within said thirty (30) day period, Landlord furnishes Tenant with a notice objecting to the Major Replacement, which Landlord notice shall be accompanied by the certification of an independent architect or, if applicable, engineer that the proposed Major Replacement constitutes a material modification of the structure it is replacing (and, therefore, constitutes a Major Alteration) or working drawings such Major Replacement, if completed in the manner proposed, will be of such lesser quality or utility as to be below any reasonable standards for Tenant’s alterations shall create no responsibility or liability on comparable buildings in the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationslocale. Tenant shall complete alterations, additions, not construct upon the Land any additional buildings (other than storage sheds or improvements garages not requiring foundations) or install any underground storage tanks without having first obtained the prior written consent of Landlord and Lender which as to the Premises strictly underground storage tanks may be withheld by Landlord or Lender in compliance with the ADA their sole and applicable code. (B) At absolute discretion. Upon the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation Term with respect to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the a Related Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to require Tenant to remove any Alterations except for Pre-Approved Alterations which complied with Paragraph 13(b), Major Replacements, Alterations required by Law and Alterations which Landlord approved in writing, unless such approval was specifically conditioned upon removal of such Alteration. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work"), then (i) the market value and utility of the applicable Related of Premises shall not be lessened by any such Work, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the replacement of Fixtures or parts thereto, all replacement Fixtures or parts shall have a value and useful life equal to (A) if the Fixtures are being replaced because they are obsolete or worn out, the value and useful life on the date hereof of the Fixtures being replaced or (B) if the Fixtures are being replaced because of damage or the occurrence of a Casualty, the value and useful life of the Fixtures being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Fixtures were then in the condition required by this Lease), (vi) subject to Paragraph 14, Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such lien Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall reimburse execute and deliver to Landlord for any document requested by Landlord evidencing the assignment to Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein, (ix) if any such sumAlterations are Major Alterations or Major Replacements, plus an administrative fee Tenant shall provide to Landlord reasonable financial assurances of fifteen percent the availability of funds necessary to complete such Alterations and (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (Dx) Tenant shall not have any authority comply, to create any liens for labor the extent requested by Landlord or material on the Landlord’s interest in the Premises and all persons contracting required by this Lease, with the Tenant for the destruction or removal provisions of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, Paragraphs 12(a) and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto19(a), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentwhether or not such Work involves restoration of the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (Corporate Property Associates 15 Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, Tenant absolutely shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with not make any alterations, additions or improvements to or in the Building outside the Premises. Furthermore, Tenant shall make no alterations or improvements (including additions) to or in the Premises without the prior written approval of Landlord, unless in each instance and for each such alteration or improvement, Landlord or a contractor approved by Landlord is hired to do such alterations or improvement. Such approval shall not be unreasonably withheld in the case of alterations or improvements to the interior of the Premises if such alterations or improvements are normal for the use described in Item 1(d) of this Lease, do not adversely affect utility of the Premises for future Tenants, do not alter the exterior of the Building, and are accompanied by insurance satisfactory to Landlord and by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Furthermore, such alterations or improvements absolutely shall not affect the mechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverage’s prescribed by Landlord, licenses, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s properly and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall request in writing, Tenant will, prior to expiration or earlier termination of this Lease, remove any and all alterations, and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant’s furniture, movable trade fixtures and equipment not attached to the Building may be removed by Tenant willat the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations or improvements and/or to the extent Landlord on behalf of Tenant under an “Extra Work Agreement” makes such alterations or improvements, and as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or insurance premiums, then Tenant shall be responsible for reimbursing Landlord for such increases as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisespay. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Cross Country Healthcare Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, Tenant shall be made without first having the consent, in writing, not alter any structural component of the Landlord. The design of all work Building (including the roof and installments undertaken by Tenant shall be subject to the approval of Landlordroof membrane), and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with nor perform any alterations, additions or improvements to which would affect the Premisesexterior of the Building or the Property, except that Landlord acknowledges and agrees (i) that Tenant contemplates removing a steel column on the third floor of the Building as a part of Tenant’s fit-up, which Tenant may do so long as the contractor is the same as that which installed the column upon construction, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. further that (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord ii)Tenant shall have the right to pay designate a portion of the Property not within the Building as a Smoking Area and, at its expense, Tenant may provide for the accommodation of its employees, agents and invitees who do smoke, so long as such lien and Tenant shall reimburse Landlord for such sumSmoking Area does not unreasonably interfere with or impact the appearance or use of the Premises or surrounding Technology Park complex. In addition, plus an administrative fee of fifteen percent no other alteration, addition, or improvement to the Premises costing more than Fifty Thousand Dollars (15%$50,000.00) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and made by Tenant without the prior written consent of Landlord, which shall not be included in any lien for rent. (D) unreasonably withheld, conditioned, or delayed; provided, however, that Tenant shall not be required to obtain Landlord’s consent to interior painting, redecorating, nor for the installation of window coverings so long as the same are of the same character as other existing buildings at Technology Park, nor shall Tenant be required to use Landlord’s contractor for any work that is anticipated to cost $50,000.00 or less. Landlord may impose, as a condition of its consent, such reasonable requirements as it chooses in its discretion, including without limitation relating to times of construction, locations of access and storage for construction materials and workers, the provision of contractors’ insurance, and the posting of notices of non-responsibility. All work with respect to any alteration, addition or improvement must be done in a good and workmanlike manner and be diligently prosecuted to completion. Tenant may place any interior signage at the Premises that conforms to the applicable laws and regulations, and is consistent with the signage plan at Technology Park. Tenant shall have any authority the exclusive right to create any liens for labor or material place its logo and name on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished existing monument sign at the request or instruction eastern side of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”Property, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and sole cost. Tenant shall pay ad valorem taxes first ask permission from Landlord to erect any other exterior signs, such permission not be unreasonably withheld, conditioned, or delayed so long as such signage is at Tenant’s sole cost, is in conformity with all building and increased insurance thereon zoning codes and applicable permits, and is of a character similar to other exterior signage at Technology Park (including, without limitation, no flashing or attributable theretoanimated signs), which cost shall be payable and provided that nothing in the foregoing restricts Landlord’s rights to grant exclusive naming rights to any other structure at Technology Park. Any alteration, addition, or improvement made by Tenant to during the term of this Lease shall become the property of Landlord upon demand as Additional Rentthe expiration or other sooner termination of this Lease unless Tenant notifies Landlord not less than two hundred and seventy (270) days prior to the expiration of the Lease that Tenant desires to remove such alterations, additions or improvements. For purposes of clarification, (i) if Tenant elects to remove any alterations, additions or improvements (other than its personal property, furniture, fixtures and equipment), then Tenant must remove all such alterations, additions or improvements, i.e., Tenant may not selectively remove only certain alterations, additions or improvements, and (ii) irrespective of its decision with respect to interior improvements, Tenant may remove any backup generator installed by it at its cost, on the pad on the western exterior of the Building. If Tenant does elect removal of interior improvements, Tenant may remove such alterations, additions or improvements provided that Tenant repairs any damage to the Premises caused by such removal. Landlord shall not have a right to require removal of alterations, additions or improvements at the end of the term.

Appears in 1 contract

Sources: Lease (Green Mountain Coffee Roasters Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant shall make no structural alterations, additionschanges or improvements, in, to or improvements to about the Premises, except such as may without the prior written consent of Landlord which shall not be provided for in this Leaseunreasonably withheld. Tenant may, shall be made at Tenant's expense, without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be 's consent but otherwise subject to the approval provisions of Landlordthis Article, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete make alterations, additions, changes or improvements to the Premises strictly in compliance with the ADA which are non-structural and applicable code. (B) At the expiration which do not affect utility service or sooner termination plumbing or electrical lines. In making any alterations, changes or improvements, Tenant shall, subject to Section 2 of this LeaseArticle, use contractors or mechanics first approved in writing by Landlord. If Landlord shall consent to any improvementsstructural alteration, additionschange or improvement, alterations working drawings for all work shall be submitted to Landlord for approval before any such work is performed. Promptly after completion of any alteration, change or improvement (structural or non-structural), Tenant shall provide to Landlord "as built" plans showing all work performed. Without limiting the foregoing, all alterations, changes and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either improvements when completed shall be of such a character so that same shall not: (i) remain on adversely affect the Premises as the property value of the Landlord without compensation to TenantPremises; or (ii) be removed and reduce the size of the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving or the Premises, and any other improvements cubic content thereof; or (iii) change the character of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. FurtherNo alteration, change, or improvement shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of the various governmental agencies having jurisdiction thereover, and Landlord agrees to hold Landlord harmless from liability join in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord application for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It permits or authorizations whenever such action is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rentnecessary. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Office Lease Agreement (Hanover Capital Mortgage Holdings Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or Tenant may place partitions and fixtures and may make improvements and other alterations to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, interior of the Landlord. The design Leased Premises at Tenant's expense, provided, however, that prior to commencing any structural work or any other work costing in excess of all work Twenty Thousand and installments undertaken by No/100 Dollars ($20,000.00), Tenant shall be subject first obtain the written consent of Landlord to the approval of Landlordproposed work, and no work shall commence until such approval is obtained. Landlord’s approval of including the plans, specifications or working drawings specifications, the proposed architect and/or contractor(s) for Tenant’s such alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or and/or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens materials used in connection with any such alterations, additions including, without limitation, paint, carpeting, wall or improvements to window coverings and the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements use of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, carpet glues and other items chemicals for installation of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within materials. At least ten (10) days after prior to the same has been made or filed. In commencement of any construction in the event Tenant fails to have such lien removed as required hereunderLeased Premises, Landlord shall have the right to pay such lien and Tenant shall reimburse deliver to Landlord copies of the plans and specifications for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due contemplated work and shall be included identify the contractor(s) selected by Tenant to perform such work. Landlord may, as a condition to consenting to such work, require that Tenant provide security adequate in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to 's judgment so that the improvements or for other alterations to the erectionLeased Premises will be completed in a good, installationworkmanlike and lien free manner. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of the improvements in the remainder of the Building. All such improvements shall be the property of Landlord, alterationunless otherwise agreed to in writing by Landlord. Prior to the commencement of such work, or repair of any facilities or other improvements on or about the PremisesTenant shall provide Landlord with evidence that Tenant's contractor has procured worker's compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount approved by Landlord, and all material menevidence that Tenant's architect and/or contractor has procured the necessary permits, contractors, subcontractors, mechanics, certificates and laborers are hereby charged with notice approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction review by Landlord of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”'s plans and specifications and/or right of approval exercised by Landlord with respect to Tenant's architect and/or contractor is for Landlord's benefit only and Landlord shall not, all installations and improvements now by virtue of such review or hereafter placed on the Premises right of approval, be deemed to make any representation, warranty or acknowledgment to Tenant or to any other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.person or

Appears in 1 contract

Sources: Office Lease (Managed Care Solutions Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant will not make or allow to be made any alterations or physical additions in or to the Premises other than non-structural and cosmetic changes and changes that are less then $10,000 without the prior written consent of Landlord, which consent shall not be unreasonably withheld as to nonstructural alterations. Landlord may require, as a condition to granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions at the end of the lease term and restore the Premises to the condition in which the same existed before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear and casualty excepted, and shall deliver to Landlord all keys to the Premises, except . The cost and expense of any repairs necessary to restore the condition of the Premises to such as may condition in which they are to be provided for in this Lease, delivered to Landlord shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed borne by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any All alterations, additions or improvements to (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on termination of this lease and shall remain on the Premises without compensation to Tenant. All furniture, trade fixtures and equipment installed by Tenant willmay be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to or if not so removed shall at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in good workmanlike manner so as Landlord may require before starting any work on the Premises. Further, Tenant agrees not to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging damage the Premises or any part thereof from any lienthe primary structure or structural qualities of the Building or the plumbing, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities electrical lines or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantutilities. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Office Lease Agreement (American Caresource Holdings, Inc.)

ALTERATIONS AND IMPROVEMENTS. (Aa) No The Tenant shall make no alterations, additions, or and/or improvements to the Premises, except such as may be provided for in this Leaseor any portion thereof, shall be made without first having obtaining the consent, in writing, prior written consent of the Landlord. The design Tenant shall submit any such request to the Landlord at least thirty (30) days prior to the proposed commencement date of such work. Landlord may impose, as a condition to such consent, such requirements as the Landlord may deem necessary in its reasonable judgment, including the manner in which the work is performed, the times during which the work is to be accomplished, approval of all work plans and installments undertaken specifications, and the procurement of all building permits and licenses. Further, the Landlord shall be entitled to post notices on and about the Premises with respect to the Landlord’s non-liability for mechanics’ liens in connections with alterations or improvements made by the Tenant, and Tenant shall not permit such notices to be subject defaced or removed. ▇▇▇▇▇▇ further agrees not to connect any apparatus, machinery, or device to the approval Building systems, including electric wires, water pipes, fire safety, and HVAC system, without the prior written consent of the Landlord. (b) All alterations, improvements, and/or additions to the Premises shall be deemed a fixture, and thereby a part of the real estate and property of the Landlord, and no work shall commence until such approval is obtained. Landlord’s approval remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance or injury at the end of the plansTerm of this Lease, specifications whether by expiration or working drawings for otherwise, unless the Landlord, by notice given to the Tenant’s alterations , shall create no responsibility elect to have the Tenant remove all or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete such alterations, additions, or and/or improvements to (excluding non- movable office walls), and in such event, the Premises strictly in compliance with Tenant shall promptly after the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any remove, at its sole cost and expense, such alternations, improvements, and/or additions, alterations and fixtures restore the Premises to the condition in which the Premises was in prior to the making of the same, reasonable wear and tear excepted. Notwithstanding the foregoing, all moveable partitions, IT communication cabling and wiring, telephones, and other machines and equipment which are installed in the Premises by or for the Tenant, without expense to the Landlord, and can be removed without structural damage to, or defacement of, the Building or any portion of the Premises, and all furniture, furnishing, equipment and other than articles of property owned by the Tenant, and located in or about the Premises (all of which are herein called the “Tenant’s trade fixtures, unless otherwise agreed in writing, either (iProperty”) shall be and remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) , and may be removed and by the Tenant at any time during the term of this Lease. Any laundry equipment and/or machinery approved by Landlord to be installed by the Tenant at the Premises restored in accordance with Section 7(a) of this Lease Agreement shall remain the Tenant’s Property and may be removed by the Tenant at any time during this Lease. However, if any of the Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to their original condition ADSLLP-00086836.8 the Building, and/or the Premises, resulting from such removal. All additions, improvements, and/or alterations which are to be surrendered with the Premises shall be surrendered with the Premises, as a part thereof, without cost to, or compensation by, the Landlord, at the end of the Term of this Lease, or the earlier termination thereof. Tenant may remain in the Premises up to five (5) days after the Termination Date, without the payment of Rent, for the sole purpose of removing Tenant’s Property. If ▇▇▇▇▇▇ fails to remove any of Tenant’s Property after vacating the Premises, beyond the aforementioned five (5) day period, without Landlord’s consent, the Landlord, at Tenant’s costexpense, may remove and either dispose of, or store, the Tenant’s Property and perform any other required clean-up and/or repairs to the Premises. It is specifically understood Tenant, within sixty (60) days after receipt of an invoice from the Landlord, shall reimburse the Landlord for the reasonable cost incurred by the Landlord for the removal, and agreed that disposal or storing of Tenant’s Property, and the clean-up and/or repair of the Premises. (c) Landlord may require Tenant ▇▇▇▇▇▇ agrees to remove any low voltage wiring serving leave in the Premises, at no additional cost to Tenant, for the use and enjoyment of Tenant, during the duration of ▇▇▇▇▇▇’s term and any extension thereof, the following improvements and/or fixtures: (i) The thirty-four (34) built-in office cubicles, located in the East Warehouse area of the Building, and in the Common Area of the First Floor as of the effective date of this Lease. (d) If the Landlord permits persons hired, retained, or requested by the Tenant (other improvements than employees of installations the Tenant) to perform any alterations, improvements, and/or additions to the Premises, then prior to the commencement of such work, the Tenant shall deliver to the Landlord sufficient proof evidencing the appropriate licenses, and insurance as reasonably required by the Landlord. Any and all such insurance shall name the Landlord as an additional insured and shall provide that the same may not be canceled or modified without thirty (30) days prior written notice to the Landlord. (e) Subject to the terms, conditions, and covenants of this Lease, Landlord, at its initial expense shall complete the Tenant that Improvements in good, workmanlike and timely manner, which Tenant Improvements shall consist of the installation of the Walk-In Freezer pursuant to the Walk-In Freezer Plans attached hereto as Exhibit “C”. The Landlord deems shall substantially complete all of the Tenant Improvements as set forth in the Walk-in Freezer Plans within one hundred twenty (120) calendar days of the Commencement Date. If the Tenant Improvements cannot be substantially completed within such period of time, Landlord shall use commercially reasonable efforts to increase complete such work within a reasonable period thereafter. The Tenant Improvements shall be deemed substantially completed when all of the cost of remodeling work is done substantially in accordance with the Walk-in Freezer Plans, along with any and all building permit(s), notwithstanding the necessity to correct adjust, or complete certain items, so long as corrections, adjustments, or completion do not impede the Tenant from occupying and utilizing the Premises for use by future tenantsthe purpose intended, as expressed in the Walk-in Freezer Plans. Landlord shall maintain the Walk-In Freezer for a period of one (1) year following the completion thereof at Landlord’s sole cost and expense. Thereafter, Tenant shall, at its costsole cost and expense, repair any damage caused by maintain and service including repairs and replacement, of the removal Walk-In Freezer during the remainder of trade fixtures the Term of the Lease. The Landlord shall maintain a copy of the manufacturer’s warranty information, if any, and other required itemswill cooperate with the Tenant to the extent warranty repairs are required. ADSLLP-00086836.8 (i) Tenant hereby agrees to reimburse Landlord, the total sum of Two Hundred Fifteen Thousand Dollars ($215,000.00) for the construction and/or installation of a walk-in freezer (the “Tenant Improvements”) measuring approximately 2,000 square feet, for the benefit use of the Tenant in the Premises. Tenant shall save reimburse Landlord harmless on account Eight Thousand Nine Hundred Fifty-Eight and 33/100 Dollars ($8,958.33) monthly over a twenty-four (24) month period, for the cost and expense of claims for mechanics”, materialmen’s or other liens constructing and/or installing the walk-in connection with any alterations, additions or improvements freezer according to the Premises, terms and Tenant will, if required by Landlord, furnish a lien waiver for a bond conditions of the Walk-in form and with surety satisfactory Freezer Plans. Reimbursement due to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements under this provision of the ADA in performing any work in the PremisesLease, shall be deemed Rent. (Cii) Landlord shall not charge Tenant agrees that Tenant will pay all liens of contractorsany construction supervision, subcontractorsmanagement supervision, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgmentsconsultation, or encumbrances caused or suffered by Tenant, in other fees with respect to the event any such lien shall be made or filed, construction and/or installation of the Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filedImprovements. In the event The Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in inspect the Premises and all persons contracting with during construction and/or installation of the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the PremisesImprovements, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only work which is reasonably unsatisfactory to the Tenant and the Tenantmust be corrected or repaired at Landlord’s interests in the Premises to secure the payment expense; provided that Tenant provides Landlord with written notice of any ▇▇▇▇ for such unsatisfactory work done or material finished at within thirty (30) days of completion of the request or instruction of TenantTenant Improvements. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, additions or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having obtaining the consent, in writing, of the Landlord. The design of all work , and installments undertaken any improvements, additions or alterations made by Tenant after such consent shall be subject to have been given, including any and all fixtures installed, excepting trade fixtures, shall at Landlord’s option remain on the approval Premises as the property of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for without compensation to Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to be removed therefrom and the Premises strictly in compliance with restored to their original condition at cost to Tenant, at the ADA and applicable code. (B) At expiration or sooner termination of this Lease. Without limiting the foregoing, Tenant shall, at the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on restore the Premises as to their shell condition prior to the property commencement of the Landlord without compensation Lease, remove all pipes and other equipment pursuant to Tenant; Section 26 of this Lease and repair any damage or (ii) be removed holes to the walls associated with such ducts, pipes, wiring and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenantsequipment. Tenant shall, shall at its cost, own cost repair any damage caused by the removal of trade fixtures and other required itemsin order to restore the Premises to their original condition. Tenant shall agrees to save Landlord harmless on account of claims for mechanics, materialmen’s materialmen or other liens in connection with any alterations, additions additions, or improvements to which Landlord may give its consent in connection with the Premises, and Tenant will, if required by Landlord, furnish a such waiver or waivers of lien waiver for a or bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Furtherin connection with alterations, Tenant agrees additions or improvements to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Cumberland Pharmaceuticals Inc)

ALTERATIONS AND IMPROVEMENTS. (a) Unless and only to the extent otherwise provided in any Mortgage or Assignment, Tenant shall have the right, without having obtained the prior written consent of Landlord and Lender and provided that no Event of Default then exists, to make (i) Alterations or a series of related Alterations that, as to any such Alterations or series of related Alterations, do not cost in excess of $250,000, and (ii) to install accessions to the Equipment or new Equipment of the same type, so long as at the time of construction or installation of any such Equipment or Alterations no Event of Default exists and the value and utility of the Leased Premises is not diminished thereby. If the cost of any of the above-described Alterations, or series of related Alterations, is in excess of $250,000, the prior written approval of Landlord and Lender shall be required, such approval not to be unreasonably withheld or delayed. Notwithstanding any provision hereof to the contrary, Tenant shall have the right, without the consent of Landlord or Lender, to remodel, reconfigure, alter and improve any interior improvements, fixtures, finishes and equipment, provided such Alterations do not materially diminish the value of the Leased Premises. If Tenant determines the need for the construction of additional buildings on the Leased Premises or a major expansion of the Improvements (as defined in Paragraph 1), then Tenant shall present its needs and expansion plans to the Landlord. Should Landlord agree to fund the construction of any additional buildings or major expansion as requested by Tenant then upon completion of construction this Lease will be amended to incorporate the additional buildings or major expansion into the definition of Leased Premises, Rent shall be adjusted upon commercially reasonable terms agreeable to both Landlord and Tenant, and any other terms of this Lease necessary to set forth the Tenant's right to use, possess and occupy the additional buildings or major expansion upon the same terms and conditions as Tenant currently enjoys as to the Leased Premises under this Lease shall be added. Should Landlord, however, refuse to fund the construction of any additional buildings or major expansion, then Tenant shall have the right, but not the obligation, to fund the construction of any additional buildings or major expansion, so long as at the time of construction of any such additional buildings or major expansion no Event of Default exists and the value and utility of the Leased Premises is not diminished thereby. Should Tenant choose to fund the construction then Tenant shall adhere to all requirements as set forth in Paragraph 13(b) and upon completion of the construction the Lease will be amended as contemplated above, save for and except, Base Rent will not be increased. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17, or constructs any additional buildings or major expansion (such Alterations and actions being hereinafter collectively referred to as "Work"), whether or not Landlord's consent is required, then (i) the market value of the Leased Premises shall not be lessened by any such Work or its usefulness impaired, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the Insurance Requirements, (v) if any such Work involves the replacement of Equipment or parts thereto, all replacement Equipment or parts shall have a value and useful life equal to the greater of (A) No alterations, additions, the value and useful life on the date hereof of the Equipment being replaced or improvements (B) the value and useful life of the Equipment being replaced immediately prior to the Premisesoccurrence of the event which required its replacement, except such as may be provided for in (vi) subject to the provisions of Paragraph 14 of this Lease, Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such Work, (viii) all such Work shall be made without first having the consent, in writing, property of the Landlord. The design of all work Landlord and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse execute and deliver to Landlord for such sumany document requested by Landlord evidencing the assignment to Landlord of all estate, plus an administrative fee right, title and interest (other than the leasehold estate created hereby) of fifteen percent Tenant or any other Person thereto or therein, and (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (Dix) Tenant shall not have any authority comply, to create any liens for labor the extent requested by Landlord or material on the Landlord’s interest in the Premises and all persons contracting required by this Lease, with the Tenant for the destruction or removal provisions of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable theretoParagraph 19(a), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentwhether or not such work involves restoration of the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (Input Output Inc)

ALTERATIONS AND IMPROVEMENTS. Borrower shall not alter the exterior, structural, plumbing or electrical elements of the Mortgaged Property in any manner without the consent of Lender, which consent shall not be unreasonably withheld or conditioned; provided, however, Borrower may undertake nonstructural alterations to the Mortgaged Property costing less than $100,000 without Lender's consent. For purposes of this Mortgage, alterations to the exterior, structural, plumbing or electrical elements of the Mortgaged Property shall mean: (Ai) No alterations which affect the foundation or "footprint" of the Improvements; (ii) alterations which involve the structural elements of the Improvements, such as a load-bearing wall, structural beams, columns, supports or roof; or (iii) alterations which materially affect any of the building systems, including, without limitation, the electrical systems, plumbing, HVAC and fire and safety systems. If Lender's consent is required hereunder and Lender consents to the making of any such alterations, additions, or improvements the same shall be made by Borrower at Borrower's sole expense by a licensed contractor and according to plans and specifications approved by Lender and subject to such other conditions as Lender shall require. Any work at any time commenced on the Premises, except such as may Mortgaged Property shall be provided for in this Leaseprosecuted diligently to completion, shall be made without first having of good workmanship and materials and shall comply fully with all the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination terms of this LeaseMortgage. Upon completion of any alterations or any Restoration, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either Borrower shall promptly provide Lender with (i) remain on evidence of full payment to all laborers and materialmen contributing to the Premises as the property of the Landlord without compensation to Tenant; or alterations, (ii) be removed an architect's certificate certifying the alterations to have been completed in conformity with the plans and specifications, (iii) a certificate of occupancy (if the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may alterations are of such a nature as would require Tenant to remove any low voltage wiring serving the Premisesissuance of a certificate of occupancy), and (iv) any other improvements of installations documents or information reasonably requested by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the PremisesLender. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Family Steak Houses of Florida Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterations, additions, or improvements The Lessee shall have the right from time to time of making Additional Improvements to the PremisesFacility Realty as it may determine in its discretion to be desirable for its uses and purposes, except such provided that: (i) as may be provided for in this Leasea result of the Additional Improvements, shall be the fair market value of the Facility is not materially reduced below its fair market value immediately before the Additional Improvements are made without first having and the consentusefulness, structural integrity or operating efficiency of the Facility is not materially impaired, (ii) the Additional Improvements are effected with due diligence, in writing, a good and workmanlike manner and in compliance with all applicable Legal Requirements, (iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the Landlord. The design applicable contract(s) therefor, and (iv) the Additional Improvements do not change the nature of all work the Facility so that it would not constitute the Approved Facility and installments undertaken by Tenant a qualified “project” within the meaning of the Act. (b) All Additional Improvements shall be constitute a part of the Facility, subject to the approval of Landlord, Company Lease and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable codethis Agreement. (Bc) At If at any time after the expiration or sooner termination of this LeaseProject Completion Date, the Lessee shall make any improvementsAdditional Improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either the Lessee shall (i) remain on the Premises as the property notify an Authorized Representative of the Landlord without compensation to Tenant; or Agency of such Additional Improvements by delivering written notice thereof within thirty (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (1030) days after the same has been made or filed. completion of the Additional Improvements, and (ii) take the actions required by Section 5.1(f). (d) In addition to the event Tenant fails to have such lien removed as required hereunderFacility Personalty, Landlord the Lessee shall have the right to pay such lien install or permit to be installed at the Facility Realty, machinery, equipment and Tenant other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, the Lessee’s Property shall reimburse Landlord for such sumnot be subject to the Company Lease or this Agreement, plus an administrative fee nor constitute part of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto Facility, provided that the expensessame is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the right to create or permit to be created any mortgage, cost and charges above referred encumbrance, lien or charge on, or conditional sale or other title retention agreement with respect to, the Lessee’s Property, without the consent of or notice to shall be considered as rent due and shall be included in any lien for rentthe Agency. (De) Tenant Notwithstanding anything to the contrary in this Section 3.6, the Lessee shall not have be required to replace any authority to create any liens for labor of the Facility Personalty that performed a function that has become obsolete or material on the Landlord’s interest is otherwise no longer necessary or desirable in the Premises and all persons contracting connection with the Tenant use and operation of the Facility Realty for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantApproved Project Operations. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Agency Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Except for Tenant’s Work that has been approved by Landlord pursuant to Exhibit B and C, Tenant shall not make alterations or additions to the Premises without Landlord’s prior written approval (Awhich approval shall not be unreasonably withheld, conditioned or delayed) No alterationsand then only in accordance with plans and specifications therefor first approved by Landlord. Tenant shall not hang shades, additionscurtains, signs, awnings or improvements other materials to or make any change in the appearance of any glass visible from outside of the Premises, add any window treatments of any kind or install furniture visible from outside of the Premises, without Landlord's prior written consent (other than tinting and other window treatments along the glass line), such consent not to be unreasonably withheld, conditioned or delayed. Without limitation, Landlord may withhold approval of any alterations or additions which would delay completion of the Premises or the Building. All alterations and additions shall be part of the Premises unless and until Landlord shall specify the same for removal in a notice delivered to Tenant at the time of Landlord’s consent thereto. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Building or the Premises or interfere with Building operation and, except such as may be provided for in this Leaseinstallation of furnishings, shall be made without performed by contractors or workmen first having the consentapproved by Landlord (which approval shall not be unreasonably withheld, in writingconditioned or delayed). Except for work done by or through Landlord, Tenant before its work is started shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the Landlord. The design names of all work its contractors and installments undertaken subcontractors and the estimated cost of all labor and material to be furnished by them; and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and commercial general liability insurance with limits as Landlord may reasonably require, but in no event less than $1,000,000.00 and property damage insurance with limits of not less than $1,000,000.00 and have deductibles of no more than $50,000.00 (all such insurance to be written by companies approved by Landlord and insuring Tenant shall be subject to and Landlord and its managing agent and its mortgagees, as well as the approval of Landlordcontractors), and no work shall commence until to deliver to Landlord certificates of all such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsinsurance. Tenant shall complete alterationsagrees to pay promptly when due the entire cost of any work done in the Premises by Tenant, additionsits agents, employees or improvements independent contractors, and not to cause or permit any liens therewith to attach to the Premises strictly and to discharge any such liens which may so attach within the time period required under this Lease. All construction work done by Tenant, its agents, employees or independent contractors shall be done in a good and workmanlike manner and in compliance with all Legal Requirements and Insurance Requirements. Landlord reserves the ADA and applicable code. (B) At right to require that Tenant remove any Alterations and/or Tenant’s Systems installed by or for Tenant within or serving the Premises upon the expiration or sooner earlier termination of this Lease. Such notice to Tenant shall occur at least six (6) months prior to the expiration of the Term of this Lease. If Tenant fails to remove any Alterations and/or Tenant’s Systems so required, such failure shall be an Event of Default hereunder, and Landlord shall have all rights and remedies available under this Lease, at law or in equity, including the right to remove any improvements, additions, alterations Alterations and/or Tenant’s Systems at Tenant’s expense. Tenant acknowledges and fixtures agrees that any Alterations and/or Tenant’s Systems installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on or for Tenant within or serving the Premises as shall be the property of Tenant during the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Term. Any Alterations and/or Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations Systems not removed by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its costLandlord’s option, repair any damage caused become the property of Landlord (without payment by Landlord) at the removal expiration or earlier termination of trade fixtures and other required itemsthis Lease. Tenant shall save Landlord harmless on account may make cosmetic alterations or improvements (i.e., painting, carpeting, flooring, etc.) regardless of claims for mechanics”, materialmen’s or cost and any other liens in connection with any non-structural alterations, additions or improvements to the Premiseshaving a cost, in each instance, of $50,000.00 or less, without Landlord’s prior consent and Tenant willmay make non-structural alterations, if required by Landlord, furnish additions or improvements having a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenantcost, in the event any such lien shall be made or filedeach instance, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderin excess of $50,000.00, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sumwith Landlord’s prior written consent, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant which consent shall not have any authority to create any liens for labor be unreasonably withheld or material on the Landlord’s interest in delayed. Any structural alterations, additions or improvements shall become part of the Premises and all persons contracting with the Tenant for property of Landlord. Any other alterations, additions or improvements which are removable shall remain the destruction or removal property of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall may be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable removed by Tenant to Landlord upon demand as Additional Rentthe termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, Tenant shall not make any material alterations or improvements in or to the Premises or to any systems of the Premises, except without the prior written consent of Landlord in each instance. If approved by Landlord, whether at the Commencement Date or at any other time during the Lease Term, such as may be provided for in this Lease, improvements or alterations shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition performed at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenantsTenant. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements Prior to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event commencing any such lien shall be made or filedwork, Tenant shall bond against deliver to Landlord complete and detailed plans and specifications therefor, for Landlord’s approval, which approval Landlord agrees not to unreasonably withhold or discharge the same within ten (10) days after the same delay provided Landlord is satisfied that Tenant’s work has been made properly planned and engineered so as not to affect or filedlessen the structural integrity of any building or improvement, and so as not to overburden or overload any utility system. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee approve the selection of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred Tenant’s contractors and/or subcontractors performing any work with respect to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, said approval to be withheld in Landlord’s reasonable discretion. Prior to commencing any such work, Tenant shall procure (or cause its contractor to procure) and deliver to Landlord comprehensive builder’s risk “all material menrisk” and comprehensive general liability and property damage insurance certificates, contractorsin amounts and underwritten by companies reasonably satisfactory to Landlord, subcontractors, mechanicsnaming Landlord as an additional insured party, and laborers are hereby charged requiring at least thirty (30) days’ notice to Landlord prior to any cancellation or modification thereof, and such performance and payment bonds as may be required by Landlord. Any approved alteration or improvement shall be performed in a good and workmanlike manner, in accordance with notice all applicable laws, and in a manner so that they must look only the structural integrity of existing improvements shall not be impaired. Tenant shall obtain all necessary permits and, at Landlord’s option, shall submit to Landlord as-built drawings and/or lien waivers, as required by Landlord. Upon the making of such alterations or improvements the same shall become the property of Landlord, provided, however, that, at its option, Landlord may, on the termination of this Lease, require that Tenant remove the same at no expense to Landlord and repair any damage caused by such removal so that the Tenant’s interests Premises shall be left by Tenant in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on condition that the Premises other than Building Standard Improvements shall be for Tenant’s account were in as of the Commencement Date, ordinary wear and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Renttear excepted.

Appears in 1 contract

Sources: Asset Purchase Agreement (Griffin Land & Nurseries Inc)

ALTERATIONS AND IMPROVEMENTS. (A‌ 10.1 Tenant may not, without the prior written approval of City, construct, or allow to be constructed, any permanent improvements to the Premises or make or allow to be made any permanent alternations to the structures within the Premises without the prior written approval of: a) No the Director of Parks and Recreation or his designee, b) any necessary departments, boards and/or commissions of the City, including, but not limited to, Historic and Design Review Commission, and c) all other approvals required and necessary, including, but not limited to, the Texas Historic Commission. If approved by the City’s Parks and Recreation Department, the expansion would also be subject to the review and approval of the entities outlined in 10.01 b) and c) outlined above. 10.2 Tenant shall be responsible for securing, at its cost, all necessary and required permits for any activities or improvements. 10.3 The approval by the City of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plans. Such plans and specifications are not approved for architectural or engineering design and the City, by approving such plans and specifications, assumes no liability or responsibility therefore or for any defect in any structure constructed from such plans and specifications. 10.4 It is expressly understood and agreed that any and all machinery, equipment, and items of personal property of whatever nature owned by Tenant and at any time placed or maintained by Tenant on any part of the Premises shall be and remain the property of the Tenant; provided, however, that all Improvements constructed and all attached fixtures, alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to upon the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as shall become the property of the Landlord without compensation to Tenant; from and after the time that such improvements are made and shall remain the property of the Landlord after the termination of this Lease. 10.5 Landlord shall not be responsible or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisesliable for, and Tenant covenants that it will not bind or attempt to bind, Landlord for payment of any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens money in connection with any alterationsImprovements to the Premises. 10.6 During any periods of time that Improvements are occurring within the Leased Premises, additions Tenant’s contractors will be required to secure Builder’s Risk insurance, if requested by Landlord, and provide Landlord with a certificate of insurance evidencing such coverage. 10.7 Landlord shall not have any responsibility for making any capital repairs or capital improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Master Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No alterationsThe LESSEE hereby expressly acknowledges that the LEASED PREMISES are in good and tenantable condition and agree to keep the same in such condition. Furthermore 9.1 The LESSEE shall not introduce any permanent fixtures, additions, improvements or improvements to make an alterations on the Premises, except such as may be provided for in this Lease, shall be made LEASED PREMISES without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s prior written approval of the plansLESSOR. The prior written approval, specifications which shall not be unreasonably denied, delayed or working drawings conditioned by the LESSOR, for Tenant’s such permanent fixtures, improvements or, alterations, whether structural, architectural, mechanical or electrical shall not relieve the LESSEE from the responsibility of obtaining the relevant permit from the appropriate governmental authorities; neither shall it relieve the LESSEE from full compliance with all Building and Fire Codes and Regulations. All expenses for any permit and government inspection fee shall be at the LESSEE'S expense. The LESSOR shall have the right, after at least Twenty-four (24) hours' written notice to the LESSEE, to inspect the work during and after the completion thereof to assure itself of such compliance. 9.2 The installation of additional electronic, water, telephone, teletype and other connections in the LEASED PREMISES shall be for the account and expense of the LESSEE who must obtain the prior written consent and approval of the LESSOR before installing the same. 9.3 In the event that any law, ordinance, land use, restrictions, rule or regulation shall require that an alteration, addition or other change; or improvement be made on the LEASED PREMISES as a result of the LESSEE'S use of the LEASED PREMISES, the LESSEE hereby agrees to make, at its own expense, such alteration, addition, change or improvement with the prior written approval or consent of the LESSOR, which approval shall not be unreasonably denied, delayed or conditioned. 9.4 All permanent improvements and alterations in the LEASED PREMISES, which were introduced by the LESSEE upon the prior written approval of the LESSOR and which cannot be removed without causing damage or injury to the LEASED PREMISES, may remain in the LEASED PREMISES upon the expiration of the Lease Period or any extension or renewal thereof, or upon the termination of this Contract. Said improvements and alterations shall create no responsibility or liability become the property of the LESSOR, without any obligation on the part of Landlord the LESSOR to reimburse the LESSEE for their completeness, design sufficiencythe value thereof. 9.5 Upon the expiration of the Lease Period or any extension or renewal thereof, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this LeaseContract, any improvementsall permanent improvements and alterations in the LEASED PREMISES, additions, alterations which were introduced WITHOUT the prior written approval of the LESSOR and fixtures installed which cannot be removed without causing damage or injury to the LEASED PREMISES shall be removed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed the LESSEE at his expense or it may remain in writing, either (i) remain on the Premises LEASED PREMISES as the property of the Landlord LESSOR without compensation any obligation on the part of the LESSOR to Tenant; reimburse the LESSEE for the value thereof, at the option of the LESSOR. In case the LESSOR opts for the removal of the unauthorized improvements or (ii) be removed alterations, the LESSEE shall also have the obligation to restore the LEASED PREMISES to its state prior to such unauthorized improvements or alteration/s at its expense and in the Premises restored presence of and under the supervision of a representative of the LESSOR. The LESSEE shall likewise have to their original condition at Tenant’s cost. It is specifically understood complete the said, removal and agreed that Landlord may require Tenant to remove any low voltage wiring serving restoration before it leaves the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallLEASED PREMISES. 9.6 The LESSEE may, at its costoption and expense, repair any elect to remove such alterations and improvements which are capable of being detached without causing material damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements injury to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the PremisesLEASED PREMISES. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (eTelecare Global Solutions, Inc.)

ALTERATIONS AND IMPROVEMENTS. (A) No 7.1 Tenant, at its sole cost and expense, shall have the right to make alterations, additions, or improvements to the Premisesinterior of the Premises (collectively, except “Improvements”), if such as may be provided Improvements are normal for in general office use, do not adversely affect the utility of the Premises for future tenants or the systems serving the Building, do not alter the exterior appearance of the Building, are not of a structural nature, and are not otherwise prohibited under this Lease, ; provided that no such Improvements shall be made without first having the Landlord’s prior written consent, and all such Improvements shall be made in writingconformity with the requirements of Paragraph 7.2, of the Landlord. The design of all work and installments undertaken below. 7.2 Any Improvements to be installed by Tenant during the Term, shall only be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly done in compliance with the ADA and applicable code.following: (Ba) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than TenantNo such work shall proceed without Landlord’s trade fixtures, unless otherwise agreed in writing, either prior written approval of (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or ’s contractor, and (ii) be removed and the Premises restored certificates of insurance from a company or companies approved by Landlord, furnished to their original condition at Landlord by Tenant’s cost. It is specifically understood contractor, for public liability, automobile liability and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisesproperty damage insurance with limits of not less than $1,000,000, $500,000, and $1,000,000, respectively, endorsed to show Landlord as an additional insured and for workmen’s compensation as required. Before commencing any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallwork, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save give Landlord harmless on account at least five (5) days’ written notice of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, proposed commencement of such work and Tenant willshall, if required by Landlord, furnish secure at Tenant’s own cost and expense, a completion and lien waiver for a indemnity bond in a form and with by a surety satisfactory acceptable to LandlordLandlord and in amount no less than the estimated cost of such Improvements to insure Landlord against liability from mechanic’s and materialmen’s liens and to insure completion of the work. In addition, as Landlord may require before starting any work such additional items or assurances as Landlord in its sole discretion may deem reasonable or desirable. Landlord shall have the right at all times to enter the Premises to post notices of non-responsibility on the Premises. Further, Tenant agrees to hold Landlord harmless from liability Premises and record verified copies thereof in the event Tenant fails to comply connection with the requirements all work of the ADA in performing any work in kind upon the Premises. (Cb) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmenAll such work shall be done in conformity with a valid building permit or other permits or licenses when and where required, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises work not acceptable to any governmental authority or any part thereof from any lien, judgmentsagency having or exercising jurisdiction over such work, or encumbrances caused or suffered not reasonably satisfactory to Landlord, shall be promptly replaced at Tenant’s expense. Notwithstanding any failure by Tenant, in the event Landlord to object to any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderwork, Landlord shall have no responsibility therefor. Tenant covenants and agrees that all work done by or pursuant to the right direction and instruction of Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of the Insurance Service Office, and of any similar body. Landlord at its option may supervise such work, and Landlord shall be entitled to pay such lien make a reasonable and customary charge for any supervisory services rendered. (c) Tenant shall reimburse Landlord for such sumany expense incurred by Landlord by reason of faulty or improper work done by Tenant or its contractors, plus an administrative fee for damage done by Tenant or its contractors to the Building or the Property, or by reason of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rentinadequate cleanup. (Dd) Tenant or its subcontractors will in no event be allowed to install plumbing, mechanical, electrical wiring or fixtures, or partitions over 5’10” in height. (e) All work by Tenant shall not have any authority to create any liens for labor or material on be diligently and continuously pursued from the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal date of any facilities or to the improvements its commencement through its completion. 7.3 Non-standard installations made by or for the erectionTenant, installationwhether temporary or permanent in character, alteration, made either by Landlord or repair of any facilities or other improvements on or about the PremisesTenant, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only personal property attached to the Tenant and the TenantBuilding (including floor coverings) shall be Landlord’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished property at the request or instruction end of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations Term and improvements now or hereafter placed shall remain on the Premises other than Building Standard Improvements shall be for without compensation to Tenant’s account and ; provided that, at the option of Landlord exercisable by written notice to Tenant, Tenant shall, at Tenant’s cost sole expense, within thirty (30) days after such notice, remove from the Premises any or all such improvements and personal property and repair all damage to the Premises caused by such removal. All other personal property shall be removed by Tenant on or before the end of the Term, provided that Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable repair all damages caused by Tenant to Landlord upon demand as Additional Rentsuch removal.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant shall make no alterations to the Leased Premises, Building or Grounds without the prior written consent of Landlord. Any alterations, additionschanges or improvements built, constructed, planted, or improvements placed anywhere in or on the Leased Premises, Building or Grounds by Tenant, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by a written agreement between the parties, be the property of Landlord and remain on the premises at the termination of this Lease. Landlord reserves the right to alter, move, remove, or cut any improvement Tenant makes to or on the Leased Premises, except such as may be provided for in this LeaseBuilding or Grounds including, shall be made without first having the consentlimitation, in writingtrimming, of the Landlord. The design of all work cutting, pruning and installments undertaken by Tenant shall be subject to the approval of Landlordremoving flowers, shrubs, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationstrees. Tenant shall complete alterationsnot install additional locks or gates on any door or window without Landlord’s prior written consent. If Landlord permits Tenant to install new locks, additions, or improvements to the Premises strictly in compliance Tenant shall provide Landlord with the ADA and applicable code. (B) At the a key for each lock. Upon expiration or sooner termination of this Lease, any improvementsTenant shall provide Landlord with all keys. Landlord may charge Tenant for unreturned keys. The Landlord agrees to provide reasonable accommodations to the Tenant’s disabilities (if any), additionsincluding making changes to rules, policies, or procedures, and making and paying for structural alterations to a unit or common areas provided, however, that Landlord shall not provide accommodations that constitute a fundamental alteration to the Landlord’s program or which would pose a substantial financial and fixtures installed by administrative hardship. Landlord may, however, permit Tenant to make alterations to the Leased Premises to accommodate Tenant, ’s disabilities (other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property alterations required of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s costLandlord). It is specifically understood and agreed that Landlord may require that Tenant to remove any low voltage wiring serving restore the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements interior of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Leased Premises to secure the payment their pre-Lease condition upon termination of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantthis Lease. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner earlier termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on Tenant shall deliver up the Premises as with all improvements located thereon (including all mechanical, plumbing and HVAC systems) in good repair and condition, reasonable wear and tear excepted and also excepting any casualty to the property extent Landlord is adequately and sufficiently compensated therefor by means of the available insurance proceeds, and shall deliver to Landlord without compensation all keys to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save also remove all trash and debris from the Premises and leave same in a "broom clean" condition. The cost and expense repairs necessary to restore the condition of the Premises to the condition in which they are to be delivered to Landlord harmless on account according to the immediately preceding sentence shall be borne by Tenant. Tenant will not make or allow to be made any alterations or physical additions in or to the Premises without the prior written consent of claims for mechanics”Landlord, materialmen’s or other liens in connection with any which consent shall not be unreasonably withheld as to interior, cosmetic, non- structural alterations. All alterations, additions or improvements to (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on expiration or earlier termination of this Lease and shall remain on the Premises without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant willmay be removed by Tenant at the expiration or earlier termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to or if not so removed shall, at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in a good, workmanlike manner so as Landlord may require before starting any work on the Premises. Further, Tenant agrees not to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging damage the Premises or any part thereof from any lienthe primary structure or structural qualities of the Building, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the other improvements or for the erectionplumbing, installation, alteration, or repair of any facilities electrical lines or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantutilities. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Industrial Lease Agreement (Mohawk Industries Inc)

ALTERATIONS AND IMPROVEMENTS. AIRLINE may construct and install, at its own expense, such improvements in its Preferential Use Premises as AIRLINE deems necessary for its operation; provided however that the plans and specifications, location, and construction schedule for such improvements shall be approved by the CITY in writing prior to the commencement of any and all such construction or installation. Said approval shall not be unreasonably withheld, conditioned, or delayed. Provided further that no reduction or abatement of rentals, fees, and charges shall be allowed for any interference with AIRLINE’s operations by such construction, and further that no interference be caused with the normal operation of the Airport’s other tenants and users. (A) No alterations, additions, or improvements Prior to the Premisescommencement of any improvements greater than $50,000, except such the CITY shall have the right to require that AIRLINE obtain or cause to be obtained, a contract surety bond in a sum equal to the full amount of the construction contract awarded by AIRLINE for the improvements. Said bond shall name CITY as may be provided for in this Lease, an obligee hereunder and shall be made without first having drawn in a form and from such company acceptable to CITY and licensed to do business in the consentState of New Hampshire; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications; and shall protect CITY against any losses and liability, damages, expenses, claims, judgments caused by or resulting from any failure to perform completely the work described. CITY reserves the right to require that AIRLINE acquires or causes to be acquired a payment bond with any contractor or contractors of AIRLINE, as principal, in writing, the sum equal to the full amount of the Landlordconstruction contract awarded by AIRLINE for the improvements. The design Said bond shall name CITY as an obligee thereunder and shall guarantee payment of all work wages for labor and installments undertaken by Tenant services engaged and of all bills for materials, supplies, and equipment used in the performance of said construction contract. Upon completion of approved construction and within sixty (60) days of AIRLINE’s receipt of a certificate of occupancy, a complete set of as-built drawings shall be subject delivered to the approval of Landlord, CITY in a media type and no work shall commence until such approval is obtained. Landlord’s approval format acceptable for the permanent record of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable codeCITY. (B) At AIRLINE shall furnish or require contractors to furnish satisfactory evidence of statutory worker’s compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance, and physical damage insurance, on a builder’s risk form with the expiration or sooner termination interest of this LeaseCITY endorsed thereon, any improvements, additions, alterations in such amounts and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises such manner as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s costCITY may reasonably require. It is specifically understood and agreed that Landlord CITY may require Tenant to remove additional insurance for any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions alterations or improvements approved hereunder, in such limits as CITY reasonably determines to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisesbe necessary. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises Any construction or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien installation shall be made or filed, Tenant shall bond against or discharge at the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee sole risk of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due AIRLINE and shall be included in any lien for rentaccordance with all applicable state and local codes and laws and subject to inspection by CITY or its designees. (D) Tenant Any improvements made to Preferential Use Space and additions and alterations thereto made by AIRLINE, except those financed by CITY, shall be and remain the property of AIRLINE until the expiration of the Term of this Agreement. Upon termination or cancellation of this Agreement, said additions and alternations shall become the property of CITY, or at CITY’s option, shall be removed by AIRLINE; provided however that any trade fixtures, signs, equipment, and other movable personal property of AIRLINE not have any authority permanently affixed to create any liens for labor or material on Preferential Use Space shall remain the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal property of any facilities or AIRLINE, subject to the improvements or for the erection, installation, alteration, or repair terms of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantArticle 4.11. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Airline Operating Agreement and Terminal Building Lease

ALTERATIONS AND IMPROVEMENTS. 9.1 Landlord's advance written consent shall be required for all changes (A) No structural or non-structural),improvements or alterations, additionsto the Leased Premises. 9.2 Design plans must be submitted to Landlord for review and approval for each 9.3 All such approved changes, alterations, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having at the consent, in writing, of the Landlord. The design of all work Tenant's sole cost and installments undertaken by expense; and Tenant shall be subject to the approval of Landlorduse a licensed and bonded contractor or contractors for such changes, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additionsand/or improvements. ▇▇▇▇▇▇ agrees that any changes, alterations, or improvements made shall not ▇▇▇▇▇ the Rent. In the performance of such work, ▇▇▇▇▇▇ agrees to the Premises strictly in compliance comply with the ADA all laws and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations ordinances and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in any damage, loss or expense caused by work performed by ▇▇▇▇▇▇. 9.4 Any changes, alterations, or improvements of or to the event Tenant fails to comply with the requirements Leased Premises shall become at once a part of the ADA realty and belong to the Landlord, except trade fixtures supplied and paid for by the Tenant subject to the Tenant's duty to remove as set out in performing any work in the Premisesthis Lease. (C) Tenant agrees that Tenant will pay all liens of contractors9.5 At Landlord's request, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after prior to the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Lease's termination Tenant shall reimburse restore the Leased Premises to the condition that existed at the commencement of the Lease, except for normal wear and tear and approved alterations and improvements (unless as a condition of the approved alteration or improvement the Landlord for such sumrequires the Tenant to remove said alteration or improvement prior to the Lease'stermination). 9.6 Tenant shall keep the Leased Premises free from any liens, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create indemnify and hold Landlord harmless and defend it from any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction encumbrances, damage, loss or removal expense arising out of any facilities work performed or materials furnished by or at the direction of Tenant, or otherwise, to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantLeasedPremises. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsTenant shall have the right, additionswithout having obtained the prior written consent of Landlord and Lender and provided that no Event of Default then exists, (i) to make non-structural Alterations or a series of related non-structural Alterations that, as to any such Alterations or series of related Alterations, do not cost in excess of $250,000 and (ii) to install Equipment in the Improvements or accessions to the Equipment that, as to such Equipment or accessions, do not cost in excess of $250,000, so long as at the time of construction or installation of any such Equipment or Alterations no Event of Default exists and the value and utility of the Leased Premises is not diminished thereby. If the cost of any non structural Alterations, series of related non-structural Alterations, Equipment or accessions thereto is in excess of $250,000, or improvements if Tenant desires to make structural Alterations to the Leased Premises, except such as may be provided for in this Lease, the prior written approval of Landlord shall be made without first having required, which approval Landlord will not unreasonably withheld, conditioned, or delayed. Notwithstanding the consentforegoing, in writingas long as Tenant complies with all applicable governmental laws and regulations, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlordmay install, repair, and no work shall commence until replace its Trade Fixtures within the Leased Premises, but Tenant must remove such approval is obtained. Landlord’s approval of the plans, specifications Trade Fixtures and any Alterations except for those Alterations required by Law or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of which Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly has agreed in compliance with the ADA and applicable code. (B) At writing that removal will not be required upon the expiration or sooner earlier termination of this Lease, any improvements, additions, alterations Lease and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. such removal, provided, however, that Tenant shall save not be required to remove any Alterations in or on the Leased Premises that exist as of the date hereof. Landlord harmless agrees that within thirty (30) days of receipt of a written request from Tenant requesting Landlord's agreement that certain proposed Alterations not be required to be removed upon the expiration or earlier termination of the Lease, Landlord shall notify Tenant in writing of its approval or denial of such request. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work"). whether or not Landlord's consent is required, then (i) the market value of the Leased Premises shall not be lessened by any such Work or its usefulness impaired, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the Insurance Requirements, (v) if any such Work involves the replacement of Equipment or parts thereto, all replacement Equipment or parts shall have a value and useful life equal to the greater of (A) the value and useful life on account the date hereof of claims the Equipment being replaced or (B) the value and useful life of the Equipment being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Equipment was then in the condition required by this Lease), (vi) Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for mechanics”, materialmen’s or other liens all permits and licenses required in connection with any alterationssuch Work, additions or improvements (viii) all such Work shall be the property of Landlord and shall be subject to the Premisesthis Lease, and Tenant willshall execute and deliver to Landlord any document requested by Landlord evidencing the assignment to Landlord of all estate, if required by Landlordright, furnish a lien waiver for a bond in form title and with surety satisfactory to Landlord, as Landlord may require before starting interest (other than the leasehold estate created hereby) of Tenant or any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmenother Person thereto or therein, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (Dix) Tenant shall not have any authority comply, to create any liens for labor the extent requested by Landlord or material on the Landlord’s interest in the Premises and all persons contracting required by this Lease, with the Tenant for the destruction or removal provisions of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, Paragraphs 12(a) and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto19(a), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentwhether or not such Work involves restoration of the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (Pemstar Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. Section 10.01 The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s prior written approval of the plansExecutive Director of ORDC shall be required before OHI-RAIL makes Alterations and Improvements. “Alterations and Improvements” shall mean any activity which substantially changes the nature of the Piney Fork Rail Line, specifications including but not limited to, the taking up of any portion of rail or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completenesstrack (mainline, design sufficiencybranchline, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additionssiding), or improvements to construction of significant new track, structure or appurtenances on or along the Premises strictly Piney Fork Rail Line; for greater certainty, Alterations and Improvements shall not include Maintenance (hereinafter defined in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s costArticle XII). It is specifically understood and agreed to by the parties that Landlord may require Tenant all Alterations and Improvements to remove any low voltage wiring serving the PremisesPiney Fork Rail Line are owned by ORDC. Nothing in this Article shall be construed to grant to OHI-RAIL the right to sell, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by trade or otherwise profit from the removal of trade fixtures and other required itemstrack, track structures or appurtenances. Tenant shall save Landlord harmless on account OHI-RAIL agrees that ORDC reserves the right to be the sole beneficiary of claims for mechanics”the proceeds of any salvaging of any track, materialmen’s track structure or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work appurtenances on the Premises. FurtherPiney Fork Rail Line; however, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord OHI-RAIL shall have the right to pay request in writing to the Executive Director of ORDC that OHI-RAIL be allowed to salvage un- needed track or track structures. OHI-RAIL’s written request shall contain the reasons why the track or track structures are no longer needed for the operation of the Piney Fork Rail Line, an estimation of the Net Liquidation Value (as defined in 49 C.F.R. § 1152.34(c)) of the items to be salvaged, and a detailed description of the improvements to the Piney Fork Rail Line which will be made with the proceeds from the salvaging, including the exact location of such lien improvements. OHI-RAIL may commence with the salvaging of materials and Tenant retain the proceeds from such salvaging upon written permission to do so by the Executive Director of ORDC. For purposes of this Article, the sale of materials removed in Maintenance activities or for Alterations and Improvements; provided, however, the materials so removed are replaced in like kind or better condition, shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall not be considered as rent due salvage and shall be included in any lien for rentsuch sale is permitted by this Agreement. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease and Operating Agreement

ALTERATIONS AND IMPROVEMENTS. 10.1 Subject to the provisions of this Section 10, Lessor agrees that Lessee may do phased renovations to the Building as described herein (A"Lessee's Improvements") No alterationsafter the Commencement Date and after Lessee occupies the Premises and commences paying Base Rent and additional rent. The Lessee's Improvements shall be constructed in accordance with final plans, additions, or improvements to specifications and construction drawings (collectively the "Lessee's Plans and Specifications") provided by Lessee and agreed upon by Lessor and Lessee in accordance with the terms hereof. 10.2 After Lessee shall have commenced paying Base Rent and additional rent for the Premises, except such as may Lessee shall cause plans and specifications to be provided for prepared by a licensed, professional engineer or architect, and submitted to Lessor, at Lessee's sole cost and expense, covering all work to be performed in this Lease, constructing the Lessee's Improvements. The Lessee's Plans and Specifications shall be made without first having in reasonable detail. Lessee shall ensure that the consentLessee's Plans and Specifications comply with all applicable statutes, in writingcodes, of the Landlordordinances and regulations ("Codes"). The design of all work submitted Lessee's Plans and installments undertaken by Tenant Specifications shall be subject to the review, comment and approval by Lessor. Lessor shall advise Lessee of Landlord, and no work shall commence until such approval is obtained. Landlord’s its approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiencyLessee's Plans and Specifications, or compliance with raise any applicable governmental lawsobjections thereto, rules in writing within fifteen (15) business days after Lessor receives all of the Lessee's Plans and Specifications. Lessee will have Lessee's Plans and Specifications modified as reasonably required by Lessor and will resubmit the modified plans to Lessor within fifteen (15) business days after Lessee receives all of the modification requirements. Lessor will expeditiously review such modifications and return Lessor's final approvals or regulationsany further comments or objections within an additional fifteen (15) business days after Lessee's resubmission. Tenant Lessee shall complete alterationsthen have an additional ten (10) business days to address such further comments or objections, additionsif any. If Lessee and Lessor cannot agree on such changes, the disagreement shall be resolved by submission to an independent architect (selected mutually by Lessor and Lessee) having at least ten (10) years experience in the construction or improvements renovation of property comparable to the Premises strictly in compliance with Building. If the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain parties are not able to agree on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same an independent architect within ten (10) days after of notice from either party of such a disagreement, either party may request the same has been made selection of such an architect by the president of the local chapter of the American Institute of Architects. 10.3 Lessee shall obtain all building permits covering Lessee's Improvements pursuant to the Lessee's Plans and Specifications, and, if required, other permits, licenses, and approvals for Lessee's Improvements from any governmental agency or filedprivate third party. In Lessee shall provide Lessor copies of all the event Tenant fails same. Lessor will cooperate reasonably with Lessee's efforts to obtain such permits, licenses, and approvals. The contractor for Lessee's Improvements may be chosen by Lessee, subject to Lessor's reasonable prior approval. Such contractor shall be a reputable, licensed contractor with proven experience in the kind of work involved in doing Lessee's Improvements, capable of providing performance and payment bonds for the total cost of the Lessee's Improvements, creditworthy, and in good standing with applicable licensing agencies. Lessor may require Lessee to have the contractor obtain such lien removed bonds from an established, reputable surety and to name Lessor as required hereundera beneficiary of such bonds by dual obligee rider or other appropriate means. Lessee shall provide Lessor a copy of any construction contract or similar agreement which Lessee proposes to make for installation of the Lessee's Improvements for verification that such contract will contain terms and conditions consistent with Lessee's obligations under this Lease concerning construction of the Lessee's Improvements. Lessor and Lessee will cooperate reasonably, Landlord diligently, and in good faith in Lessee's finalization of such contract. Lessee represents to Lessor that Lessee intends to use for the basic form of such construction contract the American Institute of Architects (AIA) form of construction contract in substantial part (either cost plus or stipulated sum, at Lessee's discretion) with AIA general conditions thereto and other contract documents, subject to such modifications (not contravening any obligation of Lessee under this Lease) as may be negotiated between Lessee and Lessee's general contractor, including but not limited to a ten percent (10%) retention from payments thereunder. Lessor shall have the right to pay have a representative of Lessor (who may be a professional architect or engineer) observe and inspect the installation of the Lessee's Improvements, and to participate reasonably in management of the same. 10.4 Lessee will prosecute construction of the Lessee's Improvements diligently to Substantial Completion after commencement of such lien construction; provided, however, that if Lessee shall be unable to accomplish such Substantial Completion on or before the intended completion date due to force majeure as defined herein, such inability of Lessee shall not give Lessee a right to cancel this Lease, and, so long as Lessee continues diligently in making Lessee's Improvements and Tenant is not otherwise in default under this Lease, shall reimburse Landlord not give Lessor the right to cancel this Lease; provided, further, that Lessee shall in any event Substantially Complete the Lessee's Improvements by July 31, 2006 and failure to complete the Lessee's Improvements by such final date, or failure by Lessee to prosecute construction of Lessee's Improvements as required by this Lease, shall be a breach of this Lease and Lessor shall have all available remedies provided under this Lease for such sumbreach including the right to terminate this Lease in connection with such breach. Upon Substantial Completion of Lessee's Improvements, plus an administrative fee a representative of fifteen percent Lessor and a representative of Lessee together shall inspect the Premises and prepare a "punchlist" of defective or uncompleted items relating to the construction of the Lessee's Improvements. Lessee shall, within a reasonable time but in no event more then thirty (15%30) upon demand. It days after such punchlist is understood prepared and agreed between upon by Lessor and Lessee, complete such incomplete work and remedy any defective work as set forth on the parties hereto that punchlist. 10.5 No material amendments to the expenses, cost final approved Lessee's Plans and charges above referred Specifications will be implemented without the written approval of Lessor. Any proposed material amendment to such final approved plans shall be considered as rent due submitted by the Lessee to the Lessor in writing and shall be included approved or rejected in writing within ten (10) business days after receipt thereof by the Lessor. Lessee shall advise Lessor of the additional costs of the Lessee's proposed changes. Lessor and Lessee shall act reasonably, diligently and in good faith to agree upon any lien for rentsuch proposed amendment to final approved plans. (D) Tenant 10.6 Lessee shall not have all work in constructing the Lessee's Improvements or any authority to create any liens for labor or material other construction on the Landlord’s interest Premises performed promptly, diligently and in the Premises a good and all persons contracting workmanlike manner, free of defects, and in accordance with the Tenant applicable plans and specifications. 10.7 Lessor shall provide Lessee with an allowance (herein called the "Allowance") of TWO HUNDRED TWENTY ONE THOUSAND TWO HUNDRED NINETY SIX AND NO/100 DOLLARS ($221,296.00) for the destruction or removal design, supervision and construction of any facilities or the Lessee's Improvements to the improvements Premises, including, without limitation, all costs of design, all costs of materials and labor to install such improvements, and an overhead and supervisory fee to Lessor of five percent (5%) of all such costs, and Lessor will pay all such costs to the extent of the Allowance. If such costs should exceed the Allowance, then Lessee shall pay for all such costs in excess of the Allowance. Lessor makes no representation or warranty that the Allowance will be sufficient to pay for Lessee's Improvements. 10.8 The Allowance shall be paid out as follows: Lessor will disburse funds from the erectionAllowance to Lessee to pay the costs of constructing Lessee's Improvements according to customary and reasonable methods of payment for construction, installationincluding but not limited to progress payments not more frequently than monthly, alterationlien releases from Lessee's general contractor and retention from such funds in connection with progress payments to the contractor, or repair and appropriate evidence of any facilities or other improvements on or about such general contractor's payment of subcontractors and material suppliers. If the actual expenditures by Lessee for costs of construction of the Lessee's Improvements shall total less than the Allowance, the Allowance shall automatically be deemed reduced to the actual costs. The Allowance shall be applied to reimburse only costs of improving real property in the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only not to the Tenant and the Tenant’s interests in the Premises to secure the payment costs of any ▇▇▇▇ furniture, furnishings, fixtures, equipment, or other personal property of any kind. Lessee may submit to Lessor monthly requests for work done or material finished at the request or instruction disbursement, less retention of Tenant. ten percent (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto10%), which cost Lessor may withhold from progress payments to Lessee's contractor. Lessee's request shall be payable in writing and shall be accompanied by Tenant to Landlord the following items: (i) Signed lien release or releases by Lessee's general contractor and major subcontractors, which release(s) may include a conditional lien release (conditional upon demand as Additional Rent.the contractor's receipt of payment in a specified amount), for the work covered by the progress payment applied for. "Major subcontractors" means any supplier of services or materials costing more than $5,000.00;

Appears in 1 contract

Sources: Lease Agreement (Bioshield Technologies Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant shall make no alterations, changes or improvements to the Premises without the prior written consent of Landlord, not to be unreasonably withheld or delayed, and without first submitting to Landlord plans and specifications for such work. All work done by Tenant shall be performed in a good and workmanlike manner, in compliance with all applicable laws and at such times and in such manner as not to cause interference with any work of Landlord or with other tenants in the Building. Any alterations, additions, or improvements to (whether temporary or permanent in character) made in or upon the Premises, except such as may either by Landlord or Tenant (including but not be provided for limited to, wall covering, carpeting or other floor covering, paneling, built-in this Leasetrac moveable file systems, nurses call systems, built-in book shelves and built-in cabinet work), shall be made without first having the consent, in writing, deemed a part of the property of Landlord and shall be surrendered with the Premises at termination of this Lease and shall remain on the Premises without compensation to Tenant. All other furniture, movable trade fixtures (including but not be limited to, x-ray equipment, audio booths and laboratory equipment) and equipment installed by Tenant may (and shall at Landlord's option) be removed by Tenant at the termination of this Lease. The design of Landlord reserves the right to prescribe that all work and installments undertaken improvements by Tenant shall be subject to the approval same as or shall conform with Building standard items, materials and types of construction. All alterations, physical additions or improvements must be constructed by a contractor and workmen approved by Landlord, which approval shall not be unreasonably withheld or delayed. All furniture, movable trade and no work shall commence until such approval is obtained. Landlord’s approval equipment installed by Tenant not removed from the Premises within fifteen (15) days of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation Lease shall be conclusively presumed to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations have been abandoned by Tenant that and Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallmay, at its option, take over the possession of such property and either (a) declare same to be property of Landlord by written notice thereof to Tenant or (b) at the sole risk, cost, repair any damage caused by and expense of Tenant, remove the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises same or any part thereof from in any lien, judgments, manner that Landlord shall choose and dispose of or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge store the same within ten (10) days after the same has been made or filed. In the event without incurring liability to Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.person. *

Appears in 1 contract

Sources: Contribution and Purchase Agreement (United Surgical Partners International Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterationsTenant shall have the right, additionsfrom time to time, to make improvements or improvements alterations to the Leased Premises, except subject to the following conditions: 6.2.1 No improvement or alteration requiring an inspection or approval by any municipal or any other governmental authority having jurisdiction over such as may be provided for in this Lease, improvements or alterations shall be made at any time without first having the consent, in writing, providing Landlord prior written notice thereof. Such written notice shall include a detailed description of the Landlord. The design of all work and installments proposed improvements or alterations. 6.2.2 No improvement or alteration shall be undertaken by until Tenant shall be subject to the approval of Landlord, have procured and no work shall commence until such approval is obtained. Landlord’s approval paid for all required municipal and other governmental permits and authorizations of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable various municipal departments and governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable codesubdivisions having jurisdiction. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens 6.2.3 All work done in connection with any alterationsimprovements or alterations shall be done in a good and workmanlike manner and in compliance with all building and zoning laws, additions and with all other laws, ordinances, rules and requirements of any Federal, state or improvements to municipal government or agency having jurisdiction and shall be completed free of all mechanics and materialmen’s liens. Tenant shall keep the PremisesLeased Premises free from any liens arising out of work performed, materials furnished or obligations incurred by Tenant, and Tenant willshall indemnify, if required by Landlord, furnish a lien waiver for a bond in form hold harmless and with surety satisfactory to Landlord, as defend Landlord may require before starting from any liens and encumbrances arising out of any work on performed or materials furnished by or at the Premises. Further, direction of Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filedsubtenant. In the event Tenant fails to have shall not, within thirty (30) days following the imposition of any such lien, cause such lien removed as required hereunderto be released of record by payment or posting proper bond, Landlord shall have have, in addition to all other remedies provided herein and by law, the right right, but not the obligation, to pay cause the same to be released by such lien and Tenant means as it shall reimburse deem proper, including payment of the claim giving rise to such lien. All such sums paid by Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erectionexpenses incurred in connection therewith, installationincluding attorneys’ fees and costs, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable to Landlord by Tenant to Landlord upon on demand as Additional Rentwith interest at the lesser of ten percent (10%) per annum or the highest legal rate until paid in full.

Appears in 1 contract

Sources: Ground Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No alterationsTenant shall not, additionsexcept as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or improvements delayed, make or cause to be made any Tenant Alterations in or to the Premises, except such as may be provided for in this Lease, . All Tenant Alterations shall be made without first having the consentcompleted by contractors approved by Landlord in Landlord’s reasonable discretion; provided, however, Landlord may, in writingits sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). Landlord has approved of Tenant’s preferred general contractor, Nova Construction. Landlord may further condition its consent upon receipt of: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. The design Landlord may, in the exercise of all work and installments undertaken by reasonable judgment, request that Tenant shall be subject to the approval provide Landlord with evidence of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility ability to pay for the Tenant Alterations and may require a payment and performance bond or liability on the part of other security acceptable to Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsprior to consenting to such alterations. Tenant shall complete alterations, additions, or improvements have the right from time to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises time to make non-structural Tenant Alterations without Landlord's consent so long as the property of cost thereof does not exceed $10,000 in any one instance. Upon request, Landlord shall advise Tenant in writing whether it reserves the Landlord without compensation right to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving Tenant Alterations from the Premises upon termination of the Lease. Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant agrees to complete all Tenant (i) in accordance with all Laws and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. In connection with any Tenant Alteration, Landlord shall be entitled to collect a construction management fee equal to three percent (3%) of the cost of such Tenant Alteration in connection with Landlord’s services in supervising and review of such Tenant Alteration. All Tenant Alterations shall, without compensation to Tenant, become part of the Premises and shall remain in the Premises, and any other improvements unless pursuant to the terms of installations by the Lease, Tenant that Landlord deems may remove them or is required to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, remove them at its cost, repair any damage caused by the removal of trade fixtures and other required itemsLandlord’s request. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with not permit any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises mechanic, laborer or supplier or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in other lien to be filed against the event Property. If any such lien shall be made or claim for lien is filed, Tenant shall bond against or discharge the same within ten (10) days after of receiving notice (a) release such lien or claim of record or (b) deliver a bond in form and amount, and issued by surety, satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting therefrom and the foreclosure or attempted foreclosure thereof. If Landlord pays or discharges the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sumamount, plus an administrative fee of fifteen percent (15%) upon demand. It is understood including expenses and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rentattorneys’ fees. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Zendesk, Inc.)

ALTERATIONS AND IMPROVEMENTS. (Aa) No Tenant at its own expense may, without Landlord's consent, make from time to time such nonstructural alterations, additions, or additions and improvements ("Nonstructural Alterations") in and to the Premises as it may deem necessary or desirable; provided any such Nonstructural Alterations does not adversely affect the base Building systems and such Nonstructural Alterations will not reduce the fair market value of the Premises. Landlord shall cooperate with Tenant in securing any necessary building and other permits, except the cost thereof being borne by Tenant. Tenant at its own expense may, with Landlord's consent, such consent not to be unreasonably withheld, conditioned or delayed (but subject to Landlord's rights to disapprove such alterations as provided in section 1 of the Work Letter), make such structural alterations, additions and improvements ("Structural Alterations") in and to the Premises as it may be provided deem necessary or desirable provided, however, that if Landlord fails to respond to Tenant's request for in this Leaseconsent within 20 days, then Landlord's consent shall be made without first having deemed approved, provided that such notice clearly states that Landlord's failure to respond within 20 days of receipt of such notice shall constitute consent by Landlord, and Tenant may proceed with such alterations or improvements. Notwithstanding the consentforegoing, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to Landlord may condition the approval of Landlord, and no work shall commence until Structural Alterations upon the requirement that such approval is obtained. Landlord’s approval alterations be removed by Tenant at the expiration of the plansTerm, specifications or working drawings for Tenant’s which requirement shall be stated in writing to Tenant at the time that Landlord gives its permission to make such alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. and Tenant shall complete alterations, additions, or improvements at its expense repair any damage to the Premises strictly or the Building caused by the removal. Work shall be done in compliance good and workmanlike manner and Tenant shall keep the Premises free of all materialmen's or mechanic's liens in connection with any such work by Tenant and Tenant shall maintain worker's compensation insurance for the ADA work being performed. In connection with Structural Alterations and applicable codenonstructural Alterations, Tenant shall select a reputable general contractor to perform the work and Tenant agrees to permit Landlord to submit a bid for any work costing in excess of $50,000.00 during the first 365 days after possession of the Premises is delivered to Tenant, however the parties understand and agree that Tenant shall not be required to award the work to Landlord in its sole discretion. (Bb) At Tenant may, at its option, remove from the expiration or sooner termination of this LeasePremises any furniture, any improvementsfurnishings, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on business equipment or other property which are not built into the Premises as the property of the Landlord without compensation to Tenant; and were installed by or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require for Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, expense ("Tenant's Property") Tenant at its expense shall repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisessuch removal. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (GTJ REIT, Inc.)

ALTERATIONS AND IMPROVEMENTS. Subtenant will not make any alterations or improvements in or to the Sublease Premises without (Ai) No alterationsSublandlord’s prior written consent, additionsnot to be unreasonably withheld, conditioned, or delayed; and (ii) without the prior written consent of Landlord to the extent required under, and in accordance with, the terms of the Master Lease; provided, however, that Subtenant will have the right, from time-to-time, without Sublandlord’s consent, to (a) remove from the Sublease Premises and replace its movable furniture, equipment, trade fixtures, artwork, and other personal property, and (b) make Minor Alterations (as defined in the Master Lease). Any alterations or improvements installed or made to the Sublease Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture, equipment, trade fixtures, artwork, and other personal property of Subtenant, will at once become a part of the realty and belong to Sublandlord and will be surrendered with the Sublease Premises unless Sublandlord requires the removal of such items at the end of the Term. Subtenant will not be permitted to install or place or permit any landscaping, planters, lighting, art work, posters or other displays in any windows or any exterior balcony or patio or any other location visible from the exterior of the Building without Sublandlord’s prior written consent in each instance (which consent may be granted or withheld in Sublandlord’s sole discretion). Subtenant will not install any exterior lighting, amplifiers or similar devices (including, but not limited to, flashing lights, searchlights, loudspeakers, phonographs) which may be heard or seen outside the Sublease Premises without Sublandlord’s prior written consent in each instance (which consent may be granted or withheld in Sublandlord’s sole discretion). When requesting consent for any alterations or improvements, Subtenant will, if requested by Sublandlord, furnish complete plans and specifications (“Plans”) for such alterations and improvements. If Sublandlord consents to the making of any alterations or improvements to the PremisesSublease Premises by, except such as may for, or on behalf of Subtenant, the same will be provided for made by Subtenant at Subtenant’s sole cost and expense, in this a good and workmanlike manner and in compliance with all Laws using a contractor and subcontractors reasonably approved in advance by Sublandlord. All alterations or improvements proposed by Subtenant will be constructed in accordance with all Laws and in compliance with any applicable provisions of the Master Lease, shall including, without limitation, all requirements with respect to insurance, required documentation, and removal of liens. Subtenant will pay any increase in real estate taxes attributable to any such alterations or improvements for so long, during the Term, as such increase is ascertainable; at Sublandlord’s election said sums will be made without first having paid in the consentsame manner and time as Rent is payable pursuant to this Sublease. Sublandlord will have a period of ten (10) calendar days following receipt of Subtenant’s Plans to approve or disapprove such Plans by written notice to Subtenant. Should Sublandlord fail to provide written notice of any disapproval within such ten (10) calendar day period, in writingSubtenant’s Plans and the proposed alterations reflected therein will be deemed approved by Sublandlord, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to any required approval thereof by Landlord pursuant to the Master Lease. Additionally, within two (2) business days after receipt of Subtenant’s Plans, Sublandlord will forward such Plans to Landlord for review and approval of any alterations therein requiring Landlord’s approval under the Master Lease, and no work shall commence until such approval is obtained. Sublandlord will thereafter use commercially reasonable to obtain Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable codesuch Plans. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Sublease Agreement (Archer Aviation Inc.)

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant shall have the right, subject to Landlord’s prior written approval, to make non-structural alterations, additions, or improvements (hereinafter collectively referred to as “improvements”) to the interior of the Demised Premises, except such as may . Said improvements and additions shall be provided for in this Lease, accomplished at Tenant’s sole cost and expense and shall be made without first having the consentin compliance with all applicable building codes and ordinances, in writinglaws, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject regulations applicable to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsDemised Premises. Tenant shall complete alterations, additions, or cause all improvements to be accomplished in a good workmanlike manner using the Premises strictly in compliance with same quality and finish to match existing. Landlord shall have the ADA and applicable code. (B) At right, but not the obligation to require Tenant’s removal of said improvements at the expiration or sooner termination of this the Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the including restoration ofthe Demised Premises, and any other improvements to its original state of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallimprovement, at its costconfiguration, repair any damage caused by the removal of trade fixtures and other required itemsetc. Tenant shall save Landlord harmless on account keep the Premises free from any liens arising out of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Furtherperformed, material furnished or obligation incurred by or for Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, person or encumbrances caused entity claiming through or suffered by under Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event that Tenant fails shall not, within thirty (30) days following the imposition of any such lien, cause the same to have such lien removed as required hereunderbe released by payment or posting of a bond, Landlord shall have the right right, but not the obligation, to pay cause such lien to be released by such means as Landlord deems proper, including payment of the claim giving rise to such lien. All such sums paid and all expenses incurred by Landlord in connection therewith shall be due and payable to Landlord by Tenant shall reimburse Landlord for such sum, plus an administrative fee of as additional rent within fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the days of Tenant’s receipt of Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantinvoice. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Great Basin Scientific, Inc.)

ALTERATIONS AND IMPROVEMENTS. A. Tenant acknowledges that Landlord owns the Premises. Tenant accepts the Premises from Landlord in its "AS IS" condition, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (Ai) No alterations, additions, the physical condition of the Premises; (ii) the Premises suitability for Tenant's proposed use; or improvements to (iii) the presence of any Hazardous Substance in or about the Property or the Premises, except such as may be provided for otherwise expressly set forth in this Lease, shall be made without first having the consent, in writing, . Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed Property and the Premises restored and to their original condition at Tenant’s cost. It is specifically understood conduct its own investigation as to the suitability of the Property and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant's use. B. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with not make any alterations, additions or improvements to the Premises ("Tenant's Work") (i) costing in excess of $5,000 for any single instance or $15,000 in the aggregate for any twelve (12) consecutive months or (ii) affecting the Building structure or utility systems, or attach any fixture or item of equipment thereto without Landlord's prior written consent. All such alterations, additions, or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $5,000 for any single instance, or if such Tenant's Work involves the Building structure or utility systems, any contractor or person selected by Tenant must be a licensed contractor. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's Work shall require a building permit or other permits from the City of Berkeley, and/or any other governmental agency, Tenant shall not perform any of Tenant's Work until Tenant has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq., to the extent such requirements are applicable to Tenant's work. C. Except as otherwise expressly provided in this Lease, Tenant shall not repair, replace or modify any utility system located within the Premises without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, structural element of the Premises, facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and Tenant willshall not be interpreted to make any other person or entity a third party beneficiary thereof. D. This Lease specifically prohibits Tenant, if required by Landlordor any other party, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work from expanding uses or structures allowed on the PremisesPremises beyond those designated in use permits approved by the City of Berkeley. FurtherNotwithstanding approval of any new Use Permit allowing expansion, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements or any future expansion of the ADA uses in performing existing buildings, or additions to existing buildings, construction of any work in new buildings, or moving existing buildings onto the Premises, are all subject to the prior written approval of the Landlord and all improvements (including Exhibit B) are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies. (C) E. If Tenant agrees proposes to make or construct any alterations, improvements, additions or fixtures that Tenant will pay all liens affect any portion of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in structures located on the event any such lien shall be made or filedPremises that are allowed under an existing use permit, Tenant shall bond against or discharge first provide the same Landlord with thirty (30) days prior written notice. If Landlord raises no objections within ten thirty (1030) days after the same has been made or filed. In the event receipt of such notice, Tenant fails to have such lien removed as may proceed, provided Tenant obtains all required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rentpermits. (D) F. 1. Tenant shall not have substantially deface or change any authority to create floors, walls, ceilings, roofs, or partition any liens for labor of the structures or material improvements on the Premises without first providing thirty (30) days written notice to Landlord’s interest . If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant in, at, upon or about the Premises and all persons contracting with the Tenant for the destruction or removal of which may be secured by any facilities or to the improvements or for the erectionmechanic's, installation, alteration, or repair of any facilities material men’s or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in lien against the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantLandlord's interest therein. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A1) No alterations, additions, additions or improvements to the Premisesshall be made, except such as may be provided for in this Leaseand no climate regulating, air conditioning, cooling, heating or sprinkler systems, television or radio antennas, heavy equipment, apparatus or fixtures, shall be made without first having the consent, installed in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject or attached to the approval Demised Premises, without the prior written consent of Landlord, which shall not be unreasonably withheld, and no work the issuance of all required permits from all government agencies having jurisdiction. Except as provided below, all such alterations, additions or improvements installed in or attached to the Demised Premises shall commence until such approval is obtained. Landlord’s approval of belong to and become the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part property of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance and be surrendered with the ADA Demised Premises and applicable code. (B) At as a part thereof upon the expiration or sooner termination of this Lease, without hindrance, molestation or injury. 2) Provided that Tenant is not in default of any improvementsof the terms of this Lease, additions, alterations and Tenant shall have the right to remove any trade fixtures which were installed by Tenant, other than at Tenant’s trade fixturessole cost and expense; provided, unless otherwise agreed in writinghowever, either that (i) remain on Tenant shall not remove any equipment, furnishings or mechanical fixtures that are fixed in place and mechanically or electrically connected to the building and/or its systems and (ii)Tenant shall restore the Demised Premises as to the property condition existing prior to the installation of the Landlord without compensation trade fixtures which are removed, reasonable wear and tear excepted. 17th Construction Lien. If any construction, mechanics’ or other liens shall be created or filed against the Demised Premises by reason of labor performed or materials furnished for Tenant in the creation, construction, completion, alteration, repair or addition to Tenant; any building or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisesimprovement, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures Tenant’s sole cost and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same expense within ten (10) days after the same has of filing, cause such lien or liens to be satisfied and discharged of record together with any other liens that may have been made or filed. In Failure to discharge said liens within the event Tenant fails aforesaid ten (10) day period shall entitle Landlord to have resort to such lien removed remedies as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest are provided herein in the Premises and all persons contracting with the Tenant for the destruction or removal case of any facilities or default of this Lease, in addition to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantremedies permitted by law. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Advaxis, Inc.)

ALTERATIONS AND IMPROVEMENTS. Unless required by Law or any governmental authority, and except as provided in the next sentence, Tenant shall not make any alterations or improvements (A) No alterationsexcept repairs and maintenance pursuant to Section 8) to the Property or any part thereof without the prior written consent of Landlord, additions, which consent shall not be unreasonably withheld or delayed. Tenant need not seek the consent of Landlord to alterations or improvements to be commenced or performed in any calendar year that, individually, are $250,000 or less, or in the Premisesaggregate, except such as are $500,000 or less, in each case, in value or cost (whichever is higher). Notwithstanding anything to the contrary herein, in no event shall Tenant make any alterations or improvements which would adversely affect the structure, structural integrity or exterior facades of the Improvements, or the MEP systems serving the Improvements, without obtaining the prior written consent of Landlord, which consent may be provided for withheld in this LeaseLandlord’s reasonable discretion. In no event shall Tenant be permitted to install underground storage tanks or underground fuel systems on the Property. Landlord’s refusal to consent to the installation of an underground tank or underground fuel system shall be conclusively presumed to be reasonable. Any such alterations or improvements in or to the Property requiring the approval of Landlord shall be subject, however, in all cases to the following: 9.1.1 Any improvement or alteration shall be made without first having with at least 30 days’ prior notice to the consentLandlord, unless a governmental authority requires otherwise or except in the case of an emergency, in writingwhich case, Tenant shall give Landlord as much notice as is practicable, accompanied by a copy of the Landlord. The design proposed plans and specifications in detail reasonably sufficient for Landlord to review same, the identity of the contractor and any subcontractors, and a copy of all work contracts with respect to the improvement or alteration, and installments undertaken shall be made promptly at the sole cost and expense of the Tenant and in a good and workmanlike manner and in compliance in all respects with all applicable Laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or issued by any governmental authority having jurisdiction thereof and all restrictive covenants affecting the Property. Tenant shall reimburse Landlord immediately upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord’s review of Tenant’s proposed plans and specifications, or any revisions thereof. Upon Landlord’s request, to be subject made not more frequently than once per calendar year, Tenant shall deliver to the approval of Landlord, Landlord “as-built” plans and no specifications for any work shall commence until such approval is obtainedtheretofore completed. Landlord’s consent to or approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to (or the Premisesplans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws or restrictive covenants, and Tenant will, if required by Landlord, furnish a lien waiver shall be solely responsible for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisesensuring all such compliance. (C) Tenant agrees that Tenant will pay 9.1.2 The Property shall at all liens times be free of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor and materials supplied or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or claimed to have been supplied to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantProperty. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Sublease Agreement (iBio, Inc.)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsTenant, additionsat its sole cost and expense, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of will make all work alterations and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly ("Tenant Improvements") as more particularly described in the Work Letter ("Work Letter") attached hereto as EXHIBIT E on the terms and conditions contained therein. Landlord shall provide Tenant with an allowance ("Tenant Improvement Allowance") of Ten Dollars ($10.00) per rentable square foot toward the costs of all Tenant Improvements in the Premises, including but not limited to, costs for: (i) bringing the Premises into compliance under the Americans with Disabilities Act of 1990, and (ii) abatement or removal of asbestos or other Hazardous Materials, subject to reduction of the ADA and applicable codeTenant Improvement Allowance as provided in the Work Letter. (Bb) At Except for the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, improvements and any other alterations, additions or improvements of installations expressly permitted by paragraph (c) below to be made by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallwithout Landlord's prior consent, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”not make, materialmen’s or other liens in connection with cause to be made, any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lienwithout the prior written consent of Landlord. Any alterations, judgmentsadditions, or encumbrances caused Tenant Improvements to the Premises, including without limitation any permanently mounted partitions and all carpeting and HVAC units, shall upon the expiration or suffered earlier termination of the term of the Lease become a part of the realty and belong to Landlord. Movable furniture, equipment and trade fixtures (including, but not limited to, any roof mounted ventilation equipment other than the HVAC units installed for office use and HVAC equipment installed by Landlord) shall remain the property of Tenant. If Landlord consents to the making of any alterations, in additions or improvements to the event any such lien Premises by ▇▇▇▇▇▇, the same shall be made by Tenant at Tenant's sole cost and expense, and any contractor or filedperson selected by Tenant to make the same must first be approved of in writing by Landlord. (c) Other than for the Tenant Improvements, Tenant shall bond against or discharge pay Landlord, as additional rent, the same reasonable cost of professional services and costs (but in no event more than Two Thousand Five Dollars ($2,500) for any particular alteration) for any fees of third party consultants used by Landlord for review of any plans, specifications and working drawings of any alterations. The payment shall be made within ten (10) days after the same has been made ▇▇▇▇▇▇'s receipt of invoices either from Landlord or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rentits consultants. (Dd) Subject to the provisions of this Section 12, Tenant may, without Landlord's prior consent, make alterations, additions or improvements to the Premises ("Minor Alterations"), but not the Equipment Area or the Roof Platforms, at Tenant's expense, including, without limitation, laboratory benchwork, cabinetry and laboratory equipment so long as: (a) the cost thereof in any instance is in good faith estimated to be less than $25,000; (b) such alterations, additions or improvements do not affect the structural portions of the Premises or the Building; and (c) Tenant delivers to Landlord notice of such Minor Alterations and a copy of the final plans, specifications and working drawings for the Minor Alterations prior to commencement of such Minor Alterations. (e) All alterations and Tenant Improvements made by or on behalf of Tenant or any of Tenant's agents shall be made and performed (i) except for Minor Alterations, in accordance with drawings and specifications approved in advance in writing by Landlord, (ii) at Tenant's cost and expenses and at such time and in such manner as Landlord may reasonably designate, (iii) except for Minor Alterations, by contractors or mechanics reasonably approved by Landlord, (iv) in such manner as to be at least equal in quality of materials and workmanship to the original work or installation, (v) except for Minor Alterations, in accordance with such reasonable requirements as Landlord may impose with respect to insurance and bonds to be obtained by Tenant in connection with the proposed work (but if any bonds are required, the amount thereof shall in no event exceed 125% of the estimated cost of the proposed alteration, addition or improvement), (vi) in accordance with this Lease and the Rules and Regulations adopted by Landlord from time to time and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the Premises, (vii) so as not have to materially and unreasonably interfere with the use and enjoyment of the Complex by Landlord, other tenants or any authority other person, and (viii) in compliance with such other requirements as Landlord may reasonably impose (including without limitation a requirement that Tenant shall furnish Landlord with certified as-built drawings upon completion of the work). (f) Tenant shall, at its own expense, demolish any and all improvements to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with (including, without limitation, the Tenant for Improvements, the destruction Corridor, Roof Platforms and Equipment Area) immediately following the termination or expiration of the Lease, if Landlord so requests. Tenant shall notify Landlord in writing no less than sixty (60) days prior to the Expiration Date, as the same may be accelerated or extended, to request from Landlord notice of ▇▇▇▇▇▇▇▇'s desire to have the Tenant Improvements or other improvements or any portion thereof demolished. Landlord shall provide such notice within ten (10) days after receipt of ▇▇▇▇▇▇'s notice. Tenant shall with all due diligence remove any alterations, additions or improvements made by Tenant and properly designated by Landlord to be removed, and Tenant, forthwith and with all due diligence, at its sole cost and expense, shall repair any damage to the Premises caused by such removal. Tenant's obligation to remove any alterations, additions, improvements, trade fixtures and/or personal property and to repair any damage from such removal shall survive the termination of this Lease provided that Tenant breached the same, and as to the removal of any facilities alterations, additions or improvements, timely notice to remove was given by Landlord in accordance with the improvements or for the erection, installation, alteration, or repair provisions of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantthis Paragraph (e). (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Office Lease (Megabios Corp)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations10.1 Except as provided below, additions, Tenant shall make no changes in or improvements to the Leased Premises of any nature without Landlord's consent, which consent shall not be unreasonably withheld, delayed or conditioned. 10.2 Subject to giving Landlord ten (10) days' prior written notice (with reasonable detail of the proposed change) and to the provisions of this Article 10, Tenant at Tenant's expense may make any changes, which do not adversely affect the Building systems, utility services or plumbing and electrical services, in or to the interior of the Leased Premises. 10.3 Trade fixtures and equipment either owned by Tenant or placed or installed upon or within the Leased Premises by Tenant and all severable improvements shall remain the personal property of Tenant and, except such as may be provided for in this Leaseunless otherwise agreed to by Landlord, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken removed by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At upon the expiration or sooner earlier termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the . If Tenant does not remove such personal property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisessuch time, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection there is not a prior written agreement with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right either to pay remove such lien and personal property at Tenant's expense or retain such property in which case title to such property shall automatically pass to Landlord without further action by the parties . At the expiration of the Term or earlier termination of this Lease, Tenant shall reimburse Landlord for such sumrepair any damage to the Leased Premises and leave the Leased Premises in substantially the same condition as the Leased Premises was delivered to Tenant on the Commencement Date, plus an administrative fee of fifteen percent (15%) upon demand. It is understood ordinary wear and agreed between the parties hereto that the expenses, cost tear and charges above referred to shall be considered as rent due and shall be included in any lien for rentdamage by casualty excepted. (D) 10.4 Tenant shall not have agrees to indemnify, protect, defend and hold harmless Landlord from and against any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant liability for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities mechanics' liens or other improvements on or about the Premises, liens and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged claims in connection with notice that they must look only to the any construction by Tenant and the Tenant’s interests in the Premises to secure the payment of shall, within thirty (30) days after notice from Landlord, bond or discharge any ▇▇▇▇ for work done such liens or material finished at the request or instruction of Tenantclaims. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Safeguard Scientifics Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and make no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises without the prior written approval of Landlord, unless in each instance and for each such alteration, addition or improvement Landlord or a contractor approved by Landlord is hired to do such alterations, additions or improvements. Such approval shall not be unreasonably withheld in the case of alterations, additions or improvements to the interior of the Premises if such alterations, additions, or improvements are normal for the use described in Item 1 (d) of this Lease, do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, and are accompanied by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Furthermore, such alterations, additions or improvements absolutely shall not affect the mechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverage prescribed by Landlord, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall request in writing, Tenant will, prior to the expiration or earlier termination of this Lease, remove any and all alterations, additions and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant's furniture, movable trade fixtures and equipment not attached to the Building may be removed by Tenant willat the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations, additions or improvements and/or to the extent Landlord on behalf of Tenant under an "Extra Work Agreement" makes such alterations, additions or improvements, and as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or insurance premiums, then Tenant shall be responsible for reimbursing Landlord for such increases as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisespay. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Telecommunication Systems Inc /Fa/)

ALTERATIONS AND IMPROVEMENTS. 10.1 Lessor shall improve the Premises in accordance with working drawings to be approved by Lessee and Lessor prior to commencement of construction. The Premises will be prepared generally in accordance with the plans shown on EXHIBIT "C", attached hereto and by this reference made a part hereof. Lessor shall have such work performed promptly, diligently and in a good and workmanlike manner. Lessor shall provide Lessee with an allowance (Athe "Allowance") No of FOUR HUNDRED SEVENTY NINE THOUSAND TWO HUNDRED SIXTY FOUR AND 50/100 ($479,264.50) or $22.14 per rentable square foot for the design and construction of the improvements to the Premises in accordance with such drawings, including, without limitation, all costs of design, all costs of materials and labor to install such improvements, and Lessor will pay all such costs as and when incurred by Lessor on a timely basis to the extent of the Allowance. If such costs should exceed the Allowance, then Lessee shall pay for all such costs in excess of the Allowance on the Commencement Date. Base Building Improvements shall not be included as part of the Allowance, or as improvements to the Premises and shall include the Building exterior walls, the roof, the exterior windows, one half of the demising wall between lessees, the building electrical transformer (excluding Lessee's electrical distribution panel), sprinkler system installation (excluding head relocation and drops), main trunk lines for sewer, concrete floor slab, and mini blinds. 10.2 Lessee shall not make any alterations, additions, or improvements in or to the Premises, except such as may be provided for nor install or attach fixtures in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject or to the approval Premises, without the prior written consent of LandlordLessor, and no work which consent Lessor shall commence until such approval not unreasonably withhold, delay or condition. Lessors consent is obtainednot required on nonstructural improvements which cost less than $5,000.00. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete All alterations, additions, or improvements made, installed in, or attached to the Premises by Lessee, upon the consent specified above, shall be made at Lessee's expense in a good and workmanlike manner, strictly in compliance accordance with the ADA plans and specifications approved by Lessor, all applicable code. (B) At the expiration or sooner termination laws, ordinances, regulations, and other requirements of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisesappropriate governmental authority, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s applicable covenants or other liens in connection with any alterations, additions or improvements restrictions. Prior to the Premisescommencement of any such work, Lessee shall deliver to Lessor certificates issued by insurance companies licensed and Tenant willregistered to operate in the State of Georgia evidencing that workers' compensation insurance and public liability insurance, if required by Landlord, furnish a lien waiver for a bond all in form and with surety amounts satisfactory to LandlordLessor, as Landlord may require before starting any work on are in force and effect and maintained by all contractors and subcontractors engaged by Lessee to perform the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premiseswork. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease (Fundtech LTD)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements Subject to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part prior written consent of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Furtherterms hereof, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien install and construct, alterations of, and improvements on, the Premises. Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood submit Tenant’s request and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the LandlordTenant’s interest in the Premises and all persons contracting with the Tenant plans for the destruction or removal proposed construction of any facilities alterations to, or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed structures on the Premises other than Building Standard Improvements (the “Work”) to Landlord for approval prior to any Work being performed. Landlord shall approve or reject the proposed Work within 60 days following receipt of Tenant’s request. Upon approval by Landlord, all Work shall be for Tenant’s account performed in and completed at Tenant’s sole cost (and expense; and in a good workmanlike manner in conformity with all governmental codes, statutes, rules, and regulations. In soliciting and performing the Work, Tenant shall pay ad valorem taxes comply with all requirements by Landlord and increased insurance thereon all laws applicable to public works construction in the State of Georgia including without limitation the requirements of O.C.G.A. § 13-10-91 and the Georgia Local Government Public Works Construction Law. Notwithstanding the foregoing, however, nothing herein is intended, nor shall anything herein be construed, to make Landlord liable for the accuracy, efficacy, defectiveness or attributable thereto)any other attribute of such plans, which cost or for any such Work; and Landlord hereby expressly disclaims any and all such liability. All capital improvements approved by Landlord and constructed by Tenant shall become and remain the property of Landlord. All capital improvements made to the Premises by Tenant shall be payable amortized over a 15-year period. In the event Landlord terminates this Lease prior to the expiration of the Term then, Landlord agrees to and shall reimburse Tenant for any capital improvements approved by Landlord and made by Tenant which have not been fully amortized over said fifteen year period, at reimbursement cost equal to Landlord upon demand as Additional Rentthe remaining un-depreciated value of the capital improvement on a fifteen year amortization schedule.

Appears in 1 contract

Sources: Intergovernmental Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No 8.1 Save for the installation of trade fixtures and furnishings, the Lessee will make no alterations, additionsinstallations, removals, additions or improvements in or about the Premises without the Lessor's prior written consent, which consent will not be unreasonably withheld or delayed, and in the event of such consent, all work is done at the Lessee's sole expense and at such times and such manner as the Lessor may reasonably approve. The Lessee acknowledges that alterations to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be Common Areas are subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s prior approval of the plansStrata Corporation. 8.2 The Lessee will not suffer or permit any builders' liens to be filed against the interest of the Lessor in the Land or the Premises by reason of work, specifications labour, services or working drawings for Tenant’s alterations shall create no responsibility material supplied or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements claimed to have been supplied to the Lessee or for which the Lessee may be in any way obligated, and if any such builders' lien will at any time be filed against the Land or the Premises strictly in compliance with whatsoever, the ADA and applicable codeLessee will cause the same to be discharged of record within 20 days of the date the Lessee has knowledge of such filing. The Lessor may wish to post security under the provisions of the Builders Lien Act or any legislation replacing such Act. (B) At the expiration or sooner termination 8.3 All articles of this Lease, any improvements, additions, alterations personal property and fixtures installed by Tenant, other than Tenant’s all business and trade fixtures, unless otherwise agreed machinery and equipment, furniture and movable partitions owned or installed by the Lessee at the expense of the Lessee in writing, either (i) remain on the Premises as will remain the property of the Landlord without compensation to Tenant; or (ii) Lessee and may be removed and by the Lessee at any time during the Term, provided that the Lessee at its expense will repair any damage to the Premises restored or the building caused by such removal. The Lessee shall not remove cabinet work, immovable partitions or leasehold improvements installed by the Lessee in the Premises during the Term without the prior written consent of the Lessor. 8.4 All cabinet work, furniture and other installations made by the Lessor and installed or located in the Premises will remain the property of the Lessor and shall be maintained by the Lessee in good condition and repair and shall remain the property of the Lessor. 8.5 The Lessor may elect to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant the Lessee to remove all or any low voltage wiring serving part of the Premisesbusiness and trade fixtures, machinery and any other improvements equipment, cabinet work, furniture and movable and immovable partitions owned or installed by or on behalf of installations by Tenant that Landlord deems to increase the cost of remodeling Lessee in the Premises for use (other than those which constitute ordinary and reasonable commercial fixtures and improvements which would be reasonably useable by future other commercial tenants. Tenant ) at the expiration of this Lease in which event the Lessee shall, at the Lessee's expense, perform such removal and the Lessee will, at its costexpense, repair any damage to the Premises or to the building caused by such removal. 8.6 If the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”Lessee does not remove the property set out in Section 8.5 forthwith after written demand by the Lessor, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant such property will, if required by Landlordthe Lessor elects, furnish a lien waiver for a bond in form be deemed to become the Lessor's property and with surety satisfactory to Landlord, as Landlord the Lessor may require before starting any work on remove the Premises. Further, Tenant agrees to hold Landlord harmless from liability in same at the event Tenant fails to comply with same at the requirements expense of the ADA in performing any work in Lessee and the Premises. (C) Tenant agrees that Tenant cost of such removal will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about be paid by the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or Lessee forthwith to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements Lessor on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant written demand and the Tenant’s interests in the Premises Lessor will not be responsible for any loss or damage to secure the payment such property because of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantsuch removal. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Office Lease (Chalk Media Corp)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsProvided no Event of Default exists, additionsTenant shall have the right, at its sole cost and expense, after having obtained the prior written consent of Landlord and Lender, which shall not be unreasonably withheld or improvements delayed, to make Alterations to the Leased Premises, except if such as may be provided Alterations are made in accordance with this Paragraph 16, are commercially reasonable, normal for in this general office or production use, do not adversely affect the utility or value of the Leased Premises for future tenants, do not substantially alter the exterior appearance of the Building, do not require extensive removal expenses and are not otherwise prohibited under the Lease, do not affect the Building systems and do not adversely affect the Building structure. Notwithstanding the foregoing, Tenant shall have the right to make non-structural Alterations to the Leased Premises which meet the conditions set forth in the foregoing sentence and in Paragraph 16(b) below, without Landlord's prior written approval, provided such Alterations do not cost in excess of $50,000. (b) If Tenant makes any Alterations pursuant to this Paragraph 16 or as required by Paragraph 15 (such Alterations and actions being hereinafter collectively referred to as "Work"), then any such Alterations installed by Tenant during the Term shall be made without first having the consent, done in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in strict compliance with the ADA and applicable code.following: (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property market value of the Landlord without compensation to Tenant; Leased Premises shall not be lessened by any such Work or its usefulness impaired; (ii) all such Work shall be removed performed by Tenant in a first-class workmanlike manner and in conformity with a valid building permit and/or all other permits or licenses when and where required, copies of which shall be furnished to Landlord before the Premises restored to their original condition at Tenant’s cost. It Work is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisescommenced, and any other improvements of installations by Tenant that Landlord deems Work not acceptable to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s governmental authority or other liens in connection with any alterations, additions agency having or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety exercising jurisdiction over such Work or not reasonably satisfactory to Landlord, as shall be promptly replaced and corrected at Tenant's expense. Landlord's approval or consent to any such Work shall not impose any liability upon Landlord. No such work shall proceed until and unless Landlord may require before starting any has received at least 10 days notice that such work on the Premises. Further, Tenant agrees is to hold commence so that Landlord harmless from liability can post a notice of nonresponsibility; (iii) all such Work shall be expeditiously completed in the event Tenant fails to compliance with all Legal Requirements; (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder; (v) Tenant shall promptly discharge or remove all liens filed against the ADA Leased Premises arising out of such Work; (vi) Tenant shall procure and pay for all permits and licenses required in performing connection with any work in such Work; (vii) all such Work shall be the Premises.property of Landlord and shall be subject to this Lease, and Tenant shall execute and deliver to Landlord any document requested by Landlord evidencing the assignment to Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein; (viii) Tenant shall, at Tenant's sole cost and expense, furnish Landlord with a complete set of "as built" drawings for such Alterations; (ix) no such Work shall proceed without Landlord's prior approval, which approval shall not be unreasonably withheld or delayed, of (A) Tenant's contractor(s); (B) certificates of insurance from a company or companies approved by Landlord, furnished to Landlord by Tenant's contractor(s) and/or vendor(s) with the types and amounts of insurance more particularly described above and (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, detailed plans and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums specifications for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Work; (x) Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall immediately reimburse Landlord for any Costs incurred by Landlord in reviewing and approving the plans and specifications for such sumwork or by reason of any faulty Work done by Tenant or Tenant's contractors, plus an administrative fee or by reason of fifteen percent (15%) upon demand. It delays caused by such Work, or by reason of inadequate cleanup, or which is understood otherwise incurred by Landlord to review the plans and agreed between specifications, and monitor and inspect the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent.progress of such Work; (Dxi) Tenant or its contractors will in no event be allowed to make (A) any improvements to the Leased Premises which would adversely affect any of the Building systems or (B) any structural modification to the Building without first obtaining Landlord's consent, which Landlord can withhold in its reasonable discretion; and (xii) Tenant shall not have obtain any authority bonds required by Landlord pursuant to create any liens for labor or material on Paragraph 14(a) of the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantLease. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Harvey Entertainment Co)

ALTERATIONS AND IMPROVEMENTS. Tenant shall not make alterations or additions to the Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval, in the case of a nonstructural alteration not including the roof or the mechanical utility systems of the Building, shall not be unreasonably withheld and shall be deemed given if Landlord does not object thereto, by written notice to Tenant, within fourteen (A14) No alterationsdays of written request for such approval accompanied by the plans and specifications therefor. Tenant shall not hang shades, additionscurtains, signs, awnings or improvements other materials, attach any materials to or make any change in the appearance of any glass visible from outside of the Premises, add any window treatment of any kind or make improvements or install furniture visible from outside of the Premises, without Landlord's prior written consent. Without limitation, Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions which would require unusual expense to readapt the Premises to normal office use upon termination of this Lease or increase in the cost of insurance or Taxes. The parties understand and agree that cubicles and workbenches shall not be deemed alterations subject to approval hereunder. All alterations and additions shall be part of the Premises unless and until Landlord shall specify the same for removal in a notice delivered to Tenant on or before the Lease Termination Date. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work performed by Landlord and in such a manner as to maintain harmonious labor relations and not to damage the Building or the Premises or interfere with Building operation and, except such as may be provided for in this Leaseinstallation of furnishings, shall be made without performed by contractors or workmen first having the consentreasonably approved by Landlord. Except for work done by or through Landlord, in writing, Tenant before its work is started shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the Landlord. The design names of all work its contractors and installments undertaken subcontractors and the estimated cost of all labor and material furnished by Tenant shall be subject them; and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the approval of Landlordcontractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than $500,000 - $1,000,000, and no work shall commence until property damage insurance with limits of not less than $500,000 (all such approval is obtained. Landlord’s approval insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors, and to deliver to Landlord certificates of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsall such insurance. Tenant shall complete alterations, additions, or improvements agrees to pay promptly when due the entire cost of any work done in the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixturesits agents, unless otherwise agreed in writingemployees, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisesindependent contractors, and any other improvements of installations by Tenant that Landlord deems not to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s cause or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create permit any liens for labor or material on the Landlord’s interest materials performed or furnished in connection therewith to attach to the Premises and immediately to discharge any such liens which may so attach. All construction work done by Tenant, its agents, employees or manner and in compliance with all persons contracting with the Legal Requirements and Insurance Requirements. Landlord may inspect such work at any time or times and shall promptly give notice to Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantobserved defects. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Net Lease (Kofax Image Products Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsOther than the Warehouse Expansion Improvements, additionswhich are expressly permitted without Landlord’s consent, or improvements Tenant shall not make (a) any non-structural Alterations to the Premises, except such as may be provided for Leased Premises that cost more than $750,000 in this Lease, shall be made without first having the consent, in writing, of aggregate over the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; Term or (ii) any structural Alterations to the Leased Premises, without having first obtained the prior written consent of Landlord and Lender. Tenant shall not construct upon the Real Property any additional buildings without having first obtained the prior written consent of Landlord (which consent shall not be removed unreasonably withheld, conditioned and the Premises restored to their original condition at Tenant’s costdelayed) and Lender. It is specifically understood and agreed that Landlord may require Tenant shall not be required to remove any low voltage wiring serving Alterations except as required by Law or as required by Landlord as the Premisescondition to its consent to such Alteration. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or Paragraph 34 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as “Work”), and then (i) the market value of the applicable Leased Premises shall not be lessened by any other improvements of installations such Work or its usefulness impaired, (ii) all such Work shall be performed by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallin a good and workmanlike manner, at its cost(iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, repair any damage caused by the removal of trade fixtures and other required items. Tenant (iv) all such Work shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the ADA in performing any work replacement of Equipment or parts thereto, all replacement Equipment or parts shall have a value and useful life equal to the greater of (A) the value and useful life on the date hereof of the Equipment being replaced or (B) the value and useful life of the Equipment being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Equipment was then in the Premises. condition required by this Lease), (Cvi) Tenant agrees that Tenant will pay shall promptly discharge or remove all liens filed against the Leased Premises arising out of contractorssuch Work, subcontractors, mechanics, laborers, materialmen, (vii) Tenant shall procure and other items of like character, pay for all permits and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred licenses required in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event connection with any such lien Work, (viii) all such Work shall be made or filedthe property of Landlord and shall be subject to this Lease, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse execute and deliver to Landlord for such sumany document requested by Landlord evidencing the assignment to Landlord of all estate, plus an administrative fee right, title and interest (other than the leasehold estate created hereby) of fifteen percent Tenant or any other Person thereto or therein, and (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (Dix) Tenant shall not have any authority comply, to create any liens for labor the extent requested by Landlord or material on the Landlord’s interest in the Premises and all persons contracting required by this Lease, with the Tenant for the destruction provisions of Paragraphs 12(a) and 19(a), whether or removal not such Work involves restoration of any facilities or to of the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Leased Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Greenville Tube CO)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and make no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises without the prior written approval of Landlord, unless in each instance and for each such alteration, addition or improvement Landlord or a contractor approved by Landlord is hired to do such alterations, additions or improvements. Such approval shall not be unreasonably withheld in the case of alterations, additions or improvements to the interior of the Premises if such alterations, additions, or improvements are normal for the use described in Item 1, Section D of this Lease, do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, and are accompanied by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Furthermore, such alterations, additions or improvements absolutely shall not affect the mechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverages prescribed by Landlord, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall request in writing, Tenant will, prior to the expiration or earlier termination of this Lease, remove any and all alterations, additions and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant’s furniture, movable trade fixtures and equipment not attached to the Building may be removed by Tenant willat the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations, additions or improvements and/or to the extent Landlord on behalf of Tenant under an “Extra Work Agreement” makes such alterations, additions or improvements, and as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or insurance premiums, then Tenant shall be responsible for reimbursing Landlord for such increases as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisespay. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Unilens Vision Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsTenant shall have the right at its sole expense, additionswithout having obtained the prior written consent of Landlord and Lender and provided that no Event of Default then exists, or improvements to make decorative, cosmetic, non-structural Alterations to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, interior of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to Improvements provided the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval same are not visible from the exterior of the plansImprovements, specifications including painting, partitions and carpeting, so long as at the time of construction or working drawings for Tenant’s alterations shall create installation of any such Alterations no responsibility or liability on Event of Default exists and the part value and utility of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsthe Leased Premises is not diminished thereby. Tenant shall complete alterations, additions, or improvements have no right to make any other Alterations to the Leased Premises strictly in compliance without first obtaining the prior written consent of Landlord and Lender, except that with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation respect to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, structural Alterations Landlord shall have the right to withhold its consent in its sole discretion. Landlord shall have the right to require Tenant to remove any Alterations at the expiration of the Term or the earlier termination thereof except for those Alterations required by Law or for which Landlord has agreed in writing that removal will not be required. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or constructs the Exchange Premises pursuant to Paragraph 34 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work") whether or not Landlord's consent is required, then (i) the market value of the Leased Premises shall not be lessened by any such Work or its usefulness impaired, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the Insurance Requirements, (v) if any such Work involves the replacement of Equipment or parts thereto, all replacement Equipment or parts shall have a value and useful life equal to the greater of (A) the value and useful life on the date hereof of the Equipment being replaced or (B) the value and useful life of the Equipment being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Equipment was then in the condition required by this Lease), (vi) Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such lien Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall reimburse execute and deliver to Landlord for any document reasonably requested by Landlord evidencing the assignment to Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein, and (ix) Tenant shall comply, to the extent requested by Landlord or required by this Lease, with the provisions of Paragraph 12(a), whether or not such sum, plus an administrative fee Work involves restoration of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rentLeased Premises. (Dc) Tenant shall not have place a load upon the floor of the Leased Premises exceeding one hundred (100) pounds per square foot without Landlord's prior written consent (which consent may be withheld or conditioned in Landlord's sole discretion). Business machines, or fumes that may be transmitted to the Improvements or to any authority other leased space therein to create such a degree as to be objectionable to the Landlord shall be placed, maintained, isolated, stored and/or vented by Tenant at its sole expense so as to absorb and prevent such vibration, noise, cold, heat or fumes. Tenant shall be responsible for any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with damage, injury, or claims resulting from moving of Tenant's equipment, furnishings and/or materials into or out of the Tenant for Leased Premises or from the destruction storage or removal operation of any facilities the same. Any and all damage or injury to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Leased Premises, and all material menthe Improvements or the Land (or any part thereof) caused by such moving, contractorsstorage or operation shall be repaired by Tenant, subcontractorsat Tenant's sole cost, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantLandlord's reasonable satisfaction. (Ed) Except Tenant shall have the right to install or operate in the Leased Premises any small electrically operated standard office equipment as otherwise is typically used in modern offices. Tenant shall not install or operate in the Leased Premises any "non-standard" equipment without first obtaining the prior consent in writing of Landlord, which consent may, in Landlord's sole discretion, be conditioned on, among other matters, the payment by Tenant of Additional Rent in compensation for such excess consumption of water and/or electricity as may be occasioned by the operation of said equipment or machinery; nor shall Tenant install any other equipment whatsoever which will or may necessitate any changes, replacements or additions to the water system, plumbing system, heating system, air conditioning system or the electrical system of the Leased Premises or the Improvements without the prior written consent of Landlord, which consent may be withheld or conditioned in Landlords sole discretion; provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”that, if Landlord shall consent to such installations, all installations and improvements now additional utility facilities, changes, replacements or hereafter placed on the Premises other than Building Standard Improvements additions necessary to handle facilities, changes, replacements or additions necessary to handle such equipment shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable performed by Tenant at its sole expense in accordance with plans and specifications to Landlord upon demand as Additional Rentbe approved in writing, in advance, by Landlord.

Appears in 1 contract

Sources: Lease Agreement (World Airways Inc /De/)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or Landlord hereby approves Tenant's plans for its initial improvements to the Premises, except such as set forth in Exhibit C hereto. Tenant may be provided for also make non-structural alterations or additions to the Premises costing less than $50,000 and not including the roof, structure or the mechanical systems of the Building, or to the electrical system of the Building costing less than $25,000 (referred to in this Lease, shall be made document as "Minor Non-Structural Alterations") without first obtaining the Landlord's written consent. Tenant will provide Landlord with no less than five (5) days written notice prior to undertaking any Minor Non-Structural Alterations hereunder having a cost in excess of $15,000, except in case of emergency. Tenant shall not make any other alterations or additions to the consent, Premises except in accordance with plans and specifications therefor first prepared by a licensed professional engineer or licensed architect and approved by Landlord in writing, which approval shall not be unreasonably withheld, conditioned or delayed. Without limitation, Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions which would require unusual expense to readapt the Premises to normal Permitted Uses upon termination of this Lease or would result in an increase in the cost of insurance or Taxes and Tenant did not agree to assume such expense or increase in the cost of insurance or Taxes. All alterations and additions approved by Landlord in writing shall be a part of the LandlordPremises unless Landlord indicates otherwise at the time of approval of such alterations or additions pursuant to this paragraph. The design of all work and installments undertaken by Tenant shall be subject to responsible for the approval removal of such alterations or additions so designated by Landlord, as well as for the removal of any other alteration and no work addition not approved in writing by Landlord, except for Minor Non-Structural Alterations, as to which Tenant shall commence until such approval is obtained. Landlord’s approval not have a removal obligation at the end of the plansLease. Landlord hereby agrees that Tenant is not obligated to remove from the Premises the alterations described in Exhibit C. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work performed by Landlord and in such a manner as to maintain harmonious labor relations and not to damage the Building or the Premises. Except for work done by or through Landlord, specifications or working drawings Tenant, before its work is started, shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them (except for Minor Non-Structural Alterations); and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the following amounts for personal injury, death and property damage: $10,000,000 for riggers and high risk contractors; $3,000,000 for medium risk contractors; and $1,000,000 for low risk contractors (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. The above amounts may be adjusted upwards by Landlord to reflect inflation. Tenant agrees to pay promptly when due the entire cost of any work done in the Premises by Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiencyits agents, employees, or compliance with independent contractors, and not to cause or permit any applicable governmental laws, rules liens for labor or regulations. Tenant shall complete alterations, additions, materials performed or improvements furnished in connection therewith to attach to the Premises strictly in compliance and immediately to discharge or bond over (with an insurance company satisfactory to Landlord for the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property full amount of the Landlord without compensation to Tenant; or (iiclaim) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made notice thereof any such liens which may so attach. All construction work done by Tenant, its agents, employees or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to contractors shall be considered as rent due done in a first class workmanlike manner and in compliance with all Legal Requirements and Insurance Requirements. Landlord may inspect such work at any time or times and shall be included in any lien for rent. (D) promptly give notice to Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantobserved defects. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease (Quaker Fabric Corp /De/)

ALTERATIONS AND IMPROVEMENTS. (A) No 12.01 Limitations: Without limiting Section 13 below and except as set forth in Section 7.03, other than the Tenant Improvements, Tenant shall not make any alterations, additions or improvements to the Premises, or install any exterior signs or lettering, interior or exterior lighting, or plumbing or mechanical fixtures, or make any changes to the storefront, without first obtaining Landlord’s written approval. Tenant shall present to Landlord plans and specifications for such additional work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. All such work with respect to any alterations, additions and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Premises shall at all times be a complete operating unit. Any such alterations, additions, or improvements shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions or improvements, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements to the Premises, except such as may made pursuant to this Article or pursuant to Section 7.03 including, but not limited to, wall and floor coverings; paneling; HVAC, electrical and plumbing systems; cabinet portions of any exterior signs and built-in cabinet work, (excluding movable furniture, equipment, sign fascia or individual sign lettering and trade fixtures all of which can be provided for in this Leaseremoved), shall be made without first having the consent, in writing, at once become a part of the Landlordrealty and shall be surrendered with the Premises unless Landlord otherwise elects at the time of approval. The design of all work and installments undertaken by Notwithstanding the foregoing, however, for tax purposes, Tenant shall be subject deemed to be the approval owner (without removal rights) of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete permanent alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At until the expiration or sooner earlier termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Obagi Medical Products, Inc.)

ALTERATIONS AND IMPROVEMENTS. ▇. ▇▇▇▇▇▇ acknowledges that Landlord owns the Building(s). Tenant accepts the Building(s) from Landlord in its "as is" conditions, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (Ai) No the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use. B. If Tenant proposes to make or construct any alterations, additionsimprovements, additions or improvements fixtures ("Alterations") that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no ·objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the PremisesBuilding without ▇▇▇▇▇▇▇▇'s prior written consent. All such Alterations shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). Landlord, except in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that ▇▇▇▇▇▇'s work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not perform any of Tenant's Work until ▇▇▇▇▇▇ has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the extent, such requirements are applicable to Tenant's work. C. Except as may be otherwise expressly provided for in this Lease, Tenant shall not repair, replace, or modify any utility system located within the Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, structural element of the Building(s), facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be made interpreted to make any other person or entity a third party beneficiary thereof. D. This Lease specifically prohibits Tenants, or any other party, from expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City ofBerkeley. Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Property, are I all subject to the prior written approval of the Landlord and all improvements are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies. I E. Tenant shall not substantially deface or change any floors, walls, ceilings, roofs, or partition any of the structures or improvements on the Property without first having the consent, in writing, of the providing thirty (30) days written notice to Landlord. The design If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all work required permits. Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and installments undertaken materials bond for the full amount of any contract for improvements that exceed $50,000. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the Property and which may be secured by any mechanic's, material men's or other lien against the Property or ▇▇▇▇▇▇▇▇'s interest therein. F. Unless otherwise elected by Landlord as hereinafter provided, all Alterations made by Tenant shall become the property of Landlord and shall be subject surrendered to Landlord on or before the Lease Expiration Date, except as otherwise set forth in this Lease. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to the approval of LandlordProperty will remain Tenant's property (collectively, "Tenant Owned Property") and no work shall commence until such approval is obtained. Landlord’s approval of not become the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part property of Landlord but shall be removed by Tenant, at its sole cost and expense, not later than the Lease Expiration Date. When granting consent for their completenessany Alterations that require Landlord's consent, design sufficiencyLandlord shall indicate whether it will require the removal" of those Alterations prior to the Lease Expiration Date. Prior to making any Alterations not requiring Landlord's consent, or compliance with any applicable governmental laws, rules or regulationsTenant shall request that Landlord notify Tenant whether Landlord requires Tenant to remove that Alteration prior to the Lease Expiration Date. Tenant shall complete alterations, additions, or improvements repair at its sole cost and expense all damage caused to the Premises strictly in compliance with Property or the ADA Building by the removal of any Alterations that Tenant is required to remove or Tenant Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the Lease Expiration Date and applicable code. (B) At Tenant shall pay to Landlord the reasonable cost of removal. Tenant's obligations under this Section 8F shall survive the expiration or sooner earlier termination of this Lease. Notwithstanding the foregoing, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either Landlord can elect within thirty (i30) remain on the Premises as the property days of the Landlord without compensation termination of the Lease to require Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair to remove any damage caused by equipment that Tenant has affixed to the removal of trade fixtures and other required items. Property. G. Tenant shall save Landlord harmless assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on account the date of claims for mechanics”, materialmen’s Landlord's first approval of a building permit or other liens in connection with approval of the work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work interested party on the Premisesrequest. Further, Tenant ▇▇▇▇▇▇ agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements post a copy of the ADA in performing any work in prevailing rate of per diem wages at the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, Property. The difference between such prevailing wage rates and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums the amount paid to each worker for release of liens and attorney’s fees and costs reasonably incurred in and about each calendar day or portion thereof for which each worker was paid less than the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered prevailing wage rate shall be paid to each worker by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereundermeet its obligations under this Section 8.G., Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements ▇▇▇▇▇'s remedy shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentenforce its indemnification rights under Section 12 below and/or seek specific performance.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No LESSOR shall not be responsible for any interior alterations, additionsrepairs or improvements. LESSEE, at its own expense, is responsible for all other interior finishing and fixturing of the Premises. LESSEE will also, at LESSEE’S expenses, install during the Initial Term and do the improvements described on Exhibit C, attached hereto. Under no circumstances shall LESSEE cause or arrange for penetration of the roof, or placement of objects on the roof, without LESSOR'S prior written consent. All such roof work shall be done by LESSOR'S roofing contractor or a contractor designated by LESSOR. LESSEE must obtain LESSOR'S prior written consent for any changes, alterations, additions and improvements to the Premises, except such as may be provided for both structural and non-structural, unless otherwise allowed in this Leaselease. All such work is to be at LESSEE'S own expense and must be performed in a good and workmanlike manner, and in accordance with all Municipal, State and Federal requirements applicable thereto. All alterations or improvements to which the LESSOR has consented shall, upon expiration or termination of this lease, remain upon the Premises and shall belong to the LESSOR, unless LESSOR has otherwise instructed LESSEE in writing, in which case the LESSEE shall restore the Premises to their condition existing prior to such alteration or improvements within thirty (30) days of notice of demand for restoration. LESSEE shall make no changes in the construction of the improvements or any substantial alteration to the building interior without the written consent of the LESSOR. Any said alterations shall be at the sole expense of the LESSEE. All improvements or alterations done by LESSEE shall be in compliance with local building, health and fire codes. All improvements installed by LESSEE, except for portable partitions, tables, chairs, stereo sound system including speakers, and other trade fixtures, shall be made without first having deemed the consentproperty of Lessor, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and at no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixturesadditional charge, unless otherwise agreed in writingwriting by the parties. Improvements to remain upon Premises also include, either (i) remain on but are not limited to exterior decks, screens, doors, windows, shades, venetian blinds, wall mirrors, wall shelving, slatboard, cornices, bathroom accessory fixtures, curtain rods, traverse rods, linoleum, lighting fixtures and bulbs. If LESSOR does not so elect or elects only in part, all such unelected alterations, additions, improvements and partitions installed by LESSEE shall be removed by LESSEE, at LESSEE’S expense, prior to the termination of this Lease or by date of termination of this Lease or upon earlier vacating of the Premises. In addition, LESSEE shall remove all of its unattached machinery and trade fixtures. Upon such removal, LESSEE shall restore the Premises to its original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the property primary structure or structural qualities of the Landlord without compensation to Tenant; or (ii) be removed Premises and the building of which they are a part. In no event shall LESSEE remove electrical systems, heating, ventilation and air conditioning systems, plumbing fixtures and other mechanical systems, flooring, carpet, elevators, alarm systems, standard lighting and wiring installed within the walls of the Premises. LESSEE agrees that it will indemnify and hold LESSOR harmless from any mechanics' liens against the Premises restored by reason of work, labor, services or material supplied or claimed to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant have been supplied on or to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems will cause same to increase the cost of remodeling be removed from the Premises for use by future tenantswithin sixty (60) days after the original filing with the county recorder. Tenant shall, at its cost, repair any damage caused by the removal LESSEE further agrees that it will defend all of trade fixtures such claims and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens pay all expenses in connection with any alterationstherewith, additions including but not limited to damages, interest, court costs and reasonable attorneys' fees. LESSEE is not the authorized agent of LESSOR for purposes of making or contracting for improvements to the Premises, or for any other purpose whatsoever, notwithstanding any presumptions to the contrary. LESSEE is expressly prohibited from entering into any contract in the name of LESSOR, or any contract which could result in a mechanics' lien against the Premises or building. LESSEE, prior to commencing the Exhibit C Improvements, shall submit the architectural plans to LESSOR for its approval. LESSOR to provide any objections within five (5) business days of receiving the plans. LESSEE to obtain all necessary permits for the improvements. LESSOR has agreed to participate in the cost of the Exhibit C Improvements by paying to the LESSEE the sum of Forty Five Thousand Dollars ($45,000.00), upon the completion of said Improvements and Tenant will, if required by Landlord, furnish LESSEE providing LESSOR a lien waiver written detail of the cost of the work. LESSOR’S sum to be applied for a bond in form the work related to the conference room and with surety satisfactory to Landlord, as Landlord may require before starting any work on lunch room of the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements If part of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails LESSEE’S Exhibit C Improvements required to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant obtain a building permit for the destruction or removal of any facilities or R & D area modifications, require an additional ADA restroom, LESSOR will contribute up to the improvements or Five Thousand Dollars ($5,000.00) for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantsaid restroom work. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Business Property Lease (Nuvectra Corp)

ALTERATIONS AND IMPROVEMENTS. Lessee shall have the right, at Lessee's sole cost and expense, to make interior, non-structural alterations and improvements to the Premises without the need to seek the prior written consent of Lessor and, as required, by the Architectural Committee of the Board of Papago Park Center's Owner's Association, as contained in the Declaration of Covenants, Conditions and Restrictions for Papago Park Center (AMCR 90-336258) No (the "Declaration"). Any exterior or structural alterations and improvements to the Premises shall require the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. It shall not be deemed unreasonable for Lessor to withhold the requested consent if Lessor's lender will not approve the proposed alterations/improvements; provided, additionshowever, that Lessor agrees to cause Lessor's lender to agree in writing that Lessor's lender's approval will not be unreasonably withheld, delayed or conditioned. If Lessee wishes to make exterior or structural alterations or improvements to the Premises, except such as may Lessee's request for consent shall be provided for in this Lease, accompanied by plans and specifications prepared by a licensed architect or a licensed structural engineer. All improvements shall be made without first having the consentin a good, in writingworkmanlike and lien-free manner, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA requirements of the Master Lease and all applicable code. (B) At governmental regulations. All alterations, improvements, additions and fixtures made or installed by Lessee shall remain upon the Premises at the expiration or sooner earlier termination of this Lease and shall become the property of Lessor, unless Lessor shall, either prior to the expiration or termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the termination or expiration of this Lease, give written notice to Lessee directing Lessee to remove the same has been made or filed. In such of the event Tenant fails to have such lien removed same as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premisesspecified by Lessor, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged damage occasioned in connection with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements such removal shall be for Tenant’s account repaired by Lessee at its sole cost and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentexpense.

Appears in 1 contract

Sources: Lease Agreement (Three Five Systems Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterationsTenant, additionsat ▇▇▇▇▇▇'s expense, or improvements to may make a request in writing and receiving the PremisesLandlord's consent, except such as which may be provided for in this Leaseunreasonably withheld, shall be made without first having the consentremodel, in writingredecorate, of the Landlord. The design of all work make improvements and installments undertaken by Tenant shall be subject to the approval of Landlordreplacements of, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof of the Leased Premises from any lientime to time as Tenant may deem desirable, judgmentsand the Landlord agrees, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge provided the same within ten (10) days after the same has been are made or filedin a tradesperson like manner and utilizing good quality materials. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien place and may install personal property, trade fixtures, equipment, and other temporary installations in and upon the Leased Offices, and with the Landlords permission which may be unreasonably withheld, fasten the same to the premises which may be unreasonably withheld. All personal property, equipment, machinery, trade fixtures, and temporary installations, whether acquired by Tenant at the commencement of the lease term or placed or installed on the Leased Premises by Tenant, thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall reimburse Landlord for have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to removal shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with repaired by the Tenant for the destruction or removal of any facilities or to the at Tenant's expense. The Landlord agrees that it will not remodel, redecorate, and make improvements or for repairs to all or part of the erection, installation, alteration, Leased premises without the Tenant's consent unless same are required due to damage or required repair of any facilities the stairwells or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantits systems. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (Aa) No The Tenant may make or have made interior alterations, additionsimprovements, or improvements decorations, installations and substitutions (collectively called "Tenant's Improvements"), to the Premises, except such as may be provided for in this Lease, shall be made Demised premises without first having the consent, in writing, prior written consent of the Landlord, but shall make no structural alterations or exterior improvements or additions without the prior written consent of Landlord. The design of all work Any improvements or alterations in the Demised Premises made by the Tenant (including, without limitation, permanent partitions, wall paneling and installments undertaken by Tenant lighting fixtures, but excepting the Tenant's Property (as defined in Section 14)) shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord and, except as provided in Section 20, shall remain upon and be surrendered with the Demised Premises at the termination of the term of this lease. If the Landlord consents to any such alterations, improvements or additions, it may impose such conditions with respect thereto as the Landlord reasonably deems appropriate, including, without compensation to Tenant; or (ii) be removed and limitations, requiring the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving furnish the Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work and plans, specifications and permits necessary for such work. Upon completion of such work the Tenant shall deliver to the Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services of materials. (b) The Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of the Tenant's improvements (other than the Landlord's Work) and for final approval thereof upon completion, and shall cause the Tenant's Improvements (other than the Landlord's Work) to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and in a good and workmanlike manner using only good grades of materials. (c) The Tenant's Improvements shall not constitute the basis for a claim against the Landlord, nor a lien or charge upon or against the Demised Premises, and if at any other improvements time any such claim, lien or charge shall be filed against the Demised Premises, the Tenant shall cause such claim, lien or charge to be properly released of installations by record within forty-five (45) days after the filing thereof, and if the Tenant that shall fail to do so, then the Landlord deems to increase may discharge the cost of remodeling same. The Tenant shall defend, indemnify and save harmless the Premises for use by future tenants. Tenant shallLandlord from and against any and all such claims, at its costliens and charges, repair any damage caused and all costs and expenses, including reasonable attorney's fees, incurred by the removal Landlord in procuring the discharge of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”any such claim, materialmen’s lien or other liens charge or in connection with any alterations, additions Initials _________ (Landlord) _________ (Tenant) action or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisesproceeding brought thereon. (Cd) The Tenant shall pay for all materials, excluding Tenant's equipment and personal property constituting Tenant's Improvements, and the Tenant agrees that Tenant will pay all liens none of contractors, subcontractors, mechanics, laborers, materialmen, such materials that are incorporated into and other items made a part of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of building or real estate shall be at any suit in discharging the Premises time subject to or any part thereof from encumbered by any lien, judgmentssecurity interest, encumbrance, charge, installment sales contract or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities other person, firm or to the improvements corporation whether created voluntarily or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantinvoluntarily. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Boston Biomedica Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterations, additions, or improvements The Lessee shall have the privilege from time to time of making Additional Improvements to the PremisesFacility Realty as it may determine in its discretion to be desirable for its uses and purposes, except such provided that: (i) as may be provided for in this Leasea result of the Additional Improvements, shall be the fair market value of the Facility is not reduced below its fair market value immediately before the Additional Improvements are made without first having and the consentusefulness, structural integrity or operating efficiency of the Facility is not materially impaired, (ii) the Additional Improvements are effected with due diligence, in writing, a good and workmanlike manner and in compliance with all applicable Legal Requirements, (iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the Landlord. The design applicable contract(s) therefor, and (iv) the Additional Improvements do not change the nature of all work the Facility so that it would not constitute the Approved Facility and installments undertaken by Tenant a qualified “project” within the meaning of the Act. (b) All Additional Improvements shall be constitute a part of the Facility, subject to the approval of Landlord, Company Lease and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable codethis Agreement. (Bc) At If at any time after the expiration or sooner termination of this LeaseOperations Commencement Date, the Lessee shall make any improvementsAdditional Improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either the Lessee shall (i) remain on the Premises as the property notify an Authorized Representative of the Landlord without compensation to Tenant; or Agency of such Additional Improvements by delivering written notice thereof within thirty (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (1030) days after the same has been made or filed. completion of the Additional Improvements, and (ii) take the actions required by Section 5.1(f). (d) In addition to the event Tenant fails to have such lien removed as required hereunderFacility Personalty, Landlord the Lessee shall have the right to pay such lien install or permit to be installed at the Facility Realty, machinery, equipment and Tenant other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, the Lessee’s Property shall reimburse Landlord for such sumnot constitute Facility Personalty and shall not be subject to the Company Lease or this Agreement, plus an administrative fee nor constitute part of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto Facility, provided that the expenses, cost and charges above referred same is not made fixtures appurtenant to the Facility Realty. The Lessee shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority the right to create or permit to be created any liens for labor mortgage, encumbrance, lien or material on charge on, or conditional sale or other title retention agreement with respect to, the LandlordLessee’s interest in Property, without the Premises and all persons contracting with the Tenant for the destruction consent of or removal of any facilities or notice to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantAgency. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Agency Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant covenants and agrees that it will make no alterations, additionsimprovements or changes of any kind to the Property without first submitting the plans thereof to Landlord and securing the prior written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant may, at its own option and without having to secure the consent, written or otherwise of the Landlord, make any alterations or changes of any kind to the Property which may be required by any governmental order or regulation copies of which shall be provided to Landlord along with all necessary plans and permits, and, so long as such alterations or changes are not of a character required to be performed by Landlord under this Lease, such alterations or changes shall be made at no expense to Landlord; provided, however, that nothing herein shall obligate Tenant to make any capital improvements to the PremisesProperty. All improvements, except such as may alterations, replacements and building service equipment made or installed by or on behalf of Tenant and permanently affixed to the Property shall immediately upon completion or installation thereof be provided for in this Leaseand become the property of Landlord, shall be made without first having the consentpayment therefor by Landlord, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be but subject to the provisions of this Lease; provided that all machinery, equipment (other than building service equipment), trade fixtures, movable partitions, furniture and furnishings installed by Tenant or maintained on the Property, even if permanently affixed thereto, shall remain the property of Tenant, and Tenant shall, if not in default beyond any applicable grace or notice and cure period, be entitled to remove the same or any part thereof at any time during the Lease term, but Tenant shall, at its expense, repair any and all damage to the Property resulting from or caused by such removal. The interest of Tenant in any property, which is not so removed, shall at the end of the time provided for removal thereof vest in Landlord. Landlord's approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the any plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency, sufficiency or compliance with any applicable governmental laws, rules and regulations of governmental agencies or regulationsauthorities. Tenant The alterations shall complete alterations, additions, or improvements conform to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of Landlord's and Tenant's insurers and of the ADA in performing any work in Federal, state and local governments having jurisdiction over the Premises. (C) Tenant agrees that Tenant will pay all liens of contractorsProperty, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge performed in accordance with the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien terms and Tenant shall reimburse Landlord for such sum, plus an administrative fee provisions of fifteen percent (15%) upon demand. It is understood this Lease in a good and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due workmanlike manner and shall be included in any lien for rentnot adversely affect the value, utility or character of the Property. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Argan Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsalteration, additionsaddition, improvement or improvements installation (hereinafter collectively "Alterations" or individually referred to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements an "Alteration") to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedpermitted to be made by Tenant, except as provided in Section 12(b) below, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. As a condition of giving any consent under this Section 12, Landlord may require, among other things, that Tenant (a) deliver to Landlord and obtain Landlord's approval of final plans and specifications for the Alterations, (b) obtain Landlord's approval of all contractors and subcontractors performing Alterations, (c) obtain all permits, approvals and certificates required by governmental or quasi-governmental bodies, and upon completion, certificates of final approval and shall bond against deliver promptly duplicates required by governmental permits, approvals and certificates to Landlord, (d) carry and cause all contractors and subcontractors to carry, worker's compensation, general liability, personal and property damage insurance, (e) if notice is given by Landlord to Tenant concurrently with the delivery of Landlord's approval of any alteration that Landlord will require the removal of an Alteration at the expiration or discharge earlier termination of the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderterm, Landlord shall have the right to pay such lien require Tenant, at its sole cost and Tenant shall reimburse expense, to remove any "Non-Standard" (hereinafter defined) Alteration, at the expiration or earlier termination of the Term and (f) provide security reasonably satisfactory to Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto in order to insure that the expenses, cost Premises and charges above referred to Building shall be considered as rent due kept free from mechanics' or materialmens' liens and that all approved Alterations will be fully paid for. For purposes of this Section 12(a), a "Non-Standard" Alteration shall be included any Alteration (y) that shall in any lien for rent. (D) Tenant shall not have any authority Landlord's reasonable opinion require demolition costs on a per square foot basis materially greater than the costs on a per square foot basis to create any liens for labor or material on demolish the Landlord’s interest tenant improvements initially installed in the Premises and approved by Landlord and (z) that is of a nature nor generally found in comparable office space at the time of the request for approval. Notwithstanding the foregoing provisions of this Section 12(a), Tenant shall have no right without Landlord's prior written consent, to make any Alterations which would (i) adversely affect the load bearing structural components and structural soundness of the Building, (ii) adversely affect the central environmental systems (excluding ventilation duets, diffusers and returns), (iii) adversely affect the electrical, plumbing or other utility systems of the Building or (iv) adversely affect the roofing systems, window glass, window gaskets or glazing. Landlord agrees to provide a $15.00 per SF allowance to be used by Tenant in the design and construction of the Premises. Such allowance shall be below the finished ceiling. (b) Notwithstanding the foregoing, Tenant may, without Landlord's consent, make Alterations that are non-structural in nature and do not adversely affect the Building mechanical, plumbing or electrical systems; provided (i) tenant shall give Landlord fifteen (15) days advance notice of such Alterations which notice shall include a description of such Alterations; (ii) all persons contracting such Alterations shall be installed or constructed in accordance with all laws; (iii) Tenant shall obtain all necessary permits required by governmental or quasi-governmental bodies; (iv) all contractors shall be approved by Landlord, such approval not to be unreasonably withheld or delayed; (v) Tenant shall deliver to landlord upon completion thereof as-built plans therefore; (vi) if the Alteration is a Non-Standard Alteration and if notice is given by Landlord to Tenant within said fifteen (15) day period that Landlord requires the removal of such Non-Standard Alteration at the expiration or earlier termination of the Term, then Tenant shall, at its sole costs and expense, remove any Non-Standard Alteration at the expiration or earlier termination of the Term; and (vii) Tenant shall carry and cause its contractors to carry worker's compensation, general liability, personal and property damage insurance. (c) Notwithstanding any provision in this Section 12 or otherwise in this Lease to the contrary, Tenant shall not make any Alteration that shall affect the facade or exterior face of the Building or otherwise affect the appearance of the Building from the exterior of the Building in any respect. Landlord reserve the right to unreasonably withhold its consent to any such Alteration in Landlord's sole and absolute discretion. (d) All Alterations which may be made to the Premises, shall become the property of Landlord and remain and be surrendered with the Premises. Tenant for agrees to repair any damage to the destruction Premises caused by or in connection with the removal of any facilities articles of personal property, business or to trade fixtures, including without limitation thereto, repairing the improvements or for floor and patching and painting the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantwall where damaged. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Visual Edge Systems Inc)

ALTERATIONS AND IMPROVEMENTS. Except as expressly and clearly provided elsewhere herein, all alterations, improvements, additions or remodeling of the Premises during the Term of the Lease shall be done at the expense of the LESSEE and only with the written consent of LESSOR. To the extent any such alterations, improvements, additions or remodeling do not adversely affect the foundation, exterior walls, roof, or any structural issues related to the Premises, such consent shall not be unreasonably withheld, conditioned or delayed. LESSEE is hereby permitted, with LESSOR’s consent not to be unreasonably withheld, conditioned or delayed, to install and to perform such other alterations and improvements to the Premises which do not adversely affect the structural soundness thereof; provided, however, if the installation of any such supplemental equipment involves the roof, the placing of equipment on the roof or a roof penetration, LESSOR’s roofing contractor or consultant, must have the opportunity to be present at all times during such work, and LESSEE shall be obligated to pay all reasonable costs associated with LESSOR’s roofing contractor or consultant. Notwithstanding the foregoing, LESSOR’s consent shall not be required for any alteration, improvement, addition or remodeling of the Premises that satisfies all of the following criteria: (Aa) No does not affect the foundation, exterior walls, roof, or any structural issues related to the Premises; and (b) the cost thereof does not exceed, in the aggregate for any particular project or series of projects which reasonably can be considered one and the same project, $25,000. Other than LESSEE’s equipment, machines and removable trade fixtures (whether or not the same may be affixed to the Premises so long as the removal thereof can be accomplished without causing permanent damage to the Premises that cannot be repaired to LESSOR’s reasonable satisfaction), but specifically excluding any installed by LESSEE (“Tenant’s Equipments”), all such alterations, improvements, additions or remodeling, whether made by LESSEE or LESSOR at LESSEE’s request, including any items nailed, glued, screwed or otherwise attached to the Premises, shall become the property of LESSOR upon the expiration of this Lease, unless otherwise expressly and clearly provided herein. LESSEE shall not, without the written consent of LESSOR, permit any lien to be affixed to the Premises or the Business Park by reason of any remodeling, alterations or other work performed by, or at the request of, LESSEE, by operation of law or otherwise. Other than Tenant’s Equipment and except in connection with any alterations permitted hereunder, LESSEE shall not remove at any time any improvements, additions, or any other item nailed, glued, screwed or otherwise attached to the Premises without LESSOR’s express written permission, such permission not to be unreasonably withheld, conditioned or delayed. However, not later than the last day of the Term, LESSEE shall, at LESSEE’s sole expense, remove all of LESSEE’s property, and remove all partitions, counters, railings, etc., which were installed by LESSEE (other than the Tenant Improvements installed pursuant to Exhibit C) and whose removal is specifically requested by LESSOR in writing at the time LESSOR approves the installation thereof, and LESSEE shall repair all injuries done by or in connection with the installation and/or removal of such property. Without limiting the generality of anything herein contained, in the event any federal, state or local law, rule, or ordinance or regulation (including, but not limited to, the Americans with Disabilities Act of 1990, as same may now exist or hereafter be amended or supplemented), shall require any alterations or improvements to the Premises, except such as may be provided for in this Leasethe Building B Parking Spaces and the Common Areas, it shall be made without first having the consentobligation of LESSOR and not LESSEE to make such alterations or improvements, in writingbut, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until extent such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly are required in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails order to comply with laws, rules, ordinances or regulations becoming effective after the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractorsCommencement Date, subcontractors, mechanics, laborers, materialmensuch alterations or improvements shall be deemed to be Operating Expenses, and other items of like characterto the extent such alterations or improvements are determined under generally accepted accounting principles to be capital improvements, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging amortized cost thereof over the Premises depreciable life such alteration or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien improvement shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rentOperating Expense. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Cryolife Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, A. Upon completion of the Landlord. The design of tenant improvements in accordance with Paragraph 2 hereof, Landlord shall assign to Tenant all work warranties relating to such tenant improvements and installments undertaken by Tenant shall be subject have no further obligation to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s make any alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly except as provided in compliance with the ADA and applicable codeParagraph 14.C. hereof. B. Tenant further covenants that it will at no time or times make any alterations, improvements or changes of any kind to the Premises (Bstructural or otherwise) At without first submitting the expiration plans thereof and securing the prior written consent of the Landlord, which consent shall not be unreasonably withheld. Tenant may either: 1) Contract with Landlord or sooner termination Landlord's agent to make alterations and improvements at Tenant's expense, or 2) Contract with any licensed contractor to make alterations and improvements after first providing the following items to Landlord and obtaining Landlord's written consent therefore (which consent shall not be unreasonably withheld): a) approval of the Fire Marshal of the authority having jurisdiction (City or State), and b) copy of a building permit issued by the local authority having jurisdiction (City or County) or evidence from the authority that no permit is required, and c) copy of license of contractor performing the work, and d) copy of insurance certificate from contractor naming the Landlord as an additional insured and showing evidence of coverages as reasonably required by Landlord, but at least equal to the following: TYPE LIMITS ---- ------ General Liability Each occurrence $1,000,000 general aggregate $2,000,000 Automobile Liability Each accident $1,000,000 Workers Compensation Statutory e) release of mechanic's liens for all work to be performed. Notwithstanding the foregoing provisions of this LeaseParagraph 13.B., any improvementsTenant shall not be required to obtain Landlord's prior written consent with respect to alterations, additionsimprovements or changes which are cosmetic in nature (and are not visible from the exterior of the Premises) or which do not affect the roof, exterior or structural, mechanical, plumbing or electrical elements or systems of the Premises. C. Tenant further covenants that if it makes alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on improvements to the Premises as that: 1) During the property of the construction period, Landlord without compensation or Landlord's agent will have reasonable access to Tenant; or (ii) be removed and the Premises restored at their risk to their original condition at Tenant’s cost. It verify that all work is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required itemsin accordance with approved plans. Tenant shall save reimburse Landlord harmless on account for all reasonable costs incurred for inspection services. 2) Within thirty (30) days of claims for mechanics”completion of construction, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by applicable law or any Mortgagee (defined below), furnish Landlord copies of a Fire Marshal's Final Inspection Report and a Certificate of Occupancy or use, issued by the local authority having jurisdiction. 3) At the end of term of this Lease, at Landlord's sole option, the Tenant shall remove all alterations and improvements and restore the Premises to its prior condition at Tenant's sole cost (ordinary wear and tear excluded). 4) All improvements, alterations, replacements and building service equipment made or installed by or on behalf of Tenant and permanently affixed to the Improvements shall immediately upon completion or installment thereof be and become the property of Landlord without payment therefor by Landlord, furnish a lien waiver for a bond in form but subject to the provisions of this Lease, including the provisions of Paragraph 13.C(3) above and with surety satisfactory to LandlordParagraph 24.B. below, as Landlord may require before starting any work provided that all machinery, equipment (other than building service equipment), trade fixtures, movable partitions, furniture and furnishings installed by Tenant or maintained on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in even if permanently affixed thereof, shall remain the event Tenant fails to comply with the requirements property of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmenTenant, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about Tenant shall be entitled to remove the defense of any suit in discharging the Premises same or any part thereof from at any lientime during the term of this Lease, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, but Tenant shall bond against at its expense, repair any and all damage to the Premises resulting from or discharge caused by such removal. The interest of Tenant in any property which is not so removed shall at the same within ten (10) days after end of the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, time provided for removal thereof vest in Landlord. D. Landlord shall have the exclusive right to pay use all or any part of the roof and exterior walls of the Improvements for any purpose; to make alterations to the Improvements and to build adjoining the same; and to erect and maintain in connection with any construction thereof, temporary scaffolds and other aids to construction on the exterior of the Improvements, provided Landlord shall use commercially reasonable efforts not to interfere unreasonably with Tenant's use of the Premises. Landlord shall have access to the Premises that may be necessary or desirable to perform such lien work, and Tenant shall reimburse Landlord for such sum, plus an administrative fee not be entitled to any abatement of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for renton account thereof. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or E. Notwithstanding anything to the improvements contrary contained in this Lease, at any time Tenant requests Landlord's written consent for an alteration or for the erection, installation, alteration, or repair of any facilities or other improvements on or about improvement to the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant may specifically request Landlord to advise Tenant, in writing, at such time, whether or not Landlord will, at the expiration or earlier termination of the Lease, require such alteration or such improvement to be removed and the Tenant’s interests in Tenant to restore the Premises to secure its condition prior to the payment installation thereof. If Tenant makes such specific written request, then Landlord must elect, in writing, whether or not the alteration or improvement must be removed at the expiration or earlier termination of any ▇▇▇▇ for this Lease and such election shall be binding upon Landlord. F. All work done by Tenant, or material finished at the request its agents, contractors or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements employees shall be for Tenant’s account done in a good and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentworkmanlike manner.

Appears in 1 contract

Sources: Lease Agreement (Earthshell Corp)

ALTERATIONS AND IMPROVEMENTS. Subtenant shall not perform any Alterations (Aas defined in the ▇▇▇▇▇▇▇▇▇) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the Sublandlord’s prior consent, in writingwhich shall not be unreasonably withheld, of the Landlord. The design of all work and installments undertaken conditioned or delayed (provided that a requirement by Tenant shall be subject to the approval of Landlord, and no work shall commence until Sublandlord that such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) Alterations be removed and the Sublet Premises restored at the end of the Term by Subtenant at Subtenant’s cost shall not be considered an unreasonable condition), subject to their original condition at Tenant’s costthe applicable terms and conditions of the ▇▇▇▇▇▇▇▇▇ (except that the provisions regarding Alterations permitted without consent shall not be applicable) and receipt of required approvals from Overlandlord for such improvements. It is specifically understood and agreed Nothing in this Sublease shall be construed as an agreement that Landlord may require Tenant Sublandlord has any obligation to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with perform any alterations, installments, removals, additions or improvements for Subtenant whatsoever and the Sublet Premises shall be provided and delivered in “as is” broom swept condition. To the extent permitted in the ▇▇▇▇▇▇▇▇▇ and subject to the Premises, and Tenant will, if provisions thereof (including the obligation to remove the same at the termination of this Sublease to the extent required by Landlordthe ▇▇▇▇▇▇▇▇▇ or Overlandlord), furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord Subtenant shall have the right to pay perform modifications to the Sublet Premises, including in particular, installation of an enterprise data network and security equipment and hardware. Any improvements will be paid by Subtenant and are subject to both Sublandlord’s and Overlandlord’s reasonable approval rights, not to be unreasonably withheld, conditioned or delayed in the case of Sublandlord (provided that a requirement by Sublandlord that such lien Alterations be removed and Tenant the Sublet Premises restored at the end of the Term by Subtenant at Subtenant’s cost shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall not be considered as rent due and shall be included in any lien for rentan unreasonable condition). (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Sublease Agreement (Demandware Inc)

ALTERATIONS AND IMPROVEMENTS. ▇. ▇▇▇▇▇▇ acknowledges that Landlord owns the Premises. Tenant accepts the Premises from Landlord in its "as is" condition, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (Ai) No alterations, additions, the physical condition of the Premises; (ii) the Premises suitability for Tenant's proposed use; or improvements to (iii) the presence of any Hazardous Substance in or about the Property or the Premises, except such as may be provided for otherwise expressly set forth in this Lease. ▇▇▇▇▇▇▇▇ has encouraged Tenant to make its own physical inspection of all aspects of the Property and the Premises and to conduct its own investigation as to the suitability of the Property and the Premises for Tenant's use. B. Upon the execution of this Lease, Landlord approves and requires the improvements to the Premises listed on Exhibit “C” that shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken completed by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or the improvements to within the Premises strictly timeframe as stated in compliance with the ADA and applicable code. Exhibit “C”. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (iWork) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with not make any alterations, additions or improvements to the Premises ("Tenant's Work") (i) costing in excess of $5,000 for any single instance or $15,000 in the aggregate for any twelve (12) consecutive months or (ii) affecting the Building structure or utility systems, or attach any fixture or item of equipment thereto without Landlord's prior written consent except for the improvements listed in Exhibit “C”. All such alterations, additions, or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $5,000 for any single instance, or if such Tenant's Work involves the Building structure or utility systems, any contractor or person selected by Tenant must be a licensed contractor. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's Work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not perform any of Tenant's Work until ▇▇▇▇▇▇ has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq., to the extent such requirements are applicable to Tenant's work. C. Except as otherwise expressly provided in this Lease, Tenant shall not repair, replace or modify any utility system located within the Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, structural element of the Building(s), facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be interpreted to make any other person or entity a third party beneficiary thereof. D. This Lease specifically prohibits Tenant, or any other party, from expanding uses or structures allowed on the Premises beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises, are all subject to the prior written approval of the Landlord (with the exception of Exhibit “C”) and all improvements (including Exhibit C Improvements) are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies. E. If Tenant willproposes to make or construct any alterations, if improvements, additions or fixtures (other than Exhibit C Improvements) that affect any portion of the Premises or any structures located on the Premises that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. F. Except for Exhibit C Improvements, Tenant shall not substantially deface or change any floors, walls, ceilings, roofs, or partition any of the structures or improvements on the Premises without first providing thirty (30) days written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, furnish Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000, including any applicable Exhibit C Improvements. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant in, at, upon or about the Premises and which may be secured by any mechanic's, material men’s or other lien waiver for a bond against the Premises or Landlord's interest therein. All alterations, improvements or additions that are now or in form the future attached permanently to the Premises shall be the Property of Landlord and shall remain with surety satisfactory the Property at the termination of this Lease, except that Landlord can elect within thirty (30) days of the termination of the Lease to Landlordrequire Tenant, as Landlord may require before starting at its cost, to remove any work on equipment that Tenant has affixed to the Premises. 1. Further, Tenant agrees that to hold Landlord harmless from liability in the event Tenant fails extent it is required to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedprevailing wage requirements, Tenant shall bond against assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or discharge other approval of the same within work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. ▇▇▇▇▇▇ agrees to post a copy of the prevailing rate of per diem wages at the Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars ($25) for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which such worker is employed. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Tenant. 2. Tenant agrees to keep or cause to be kept by each contractor and subcontractor an accurate payroll record for each worker employed on Tenant's Work covered by this subparagraph G showing all of the information specified in subsection (a) of Section 1776 of the California Labor Code. All such payroll records shall be certified, available for inspection and filed in accordance with the procedures specified in subsections (b)-(e) inclusive of Section 1776 of the California Labor Code. In the event of noncompliance with the foregoing requirements concerning payroll records which continues for more than ten (10) days after Landlord gives Tenant written notice specifying in what respects Tenant must comply, Tenant shall forfeit, as a penalty to Landlord, for each worker Twenty-Five Dollars ($25) for each calendar day, or portion thereof, until strict compliance is effectuated. Tenant shall be responsible for complying with Section 1777.5 of the California Labor Code concerning apprenticeable occupations, with respect to all work covered by that section. For purposes of the prevailing wage requirements of this subparagraph, Tenant shall be deemed to be a "contractor" as that term is used in Sections 1720 et seq., of the California Labor Code. Except where the context otherwise requires, the definitions of terms and phrases contained in the State prevailing wage law, Sections 1720 et seq., of the California Labor Code, and in the implementing administrative regulations, shall apply to the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien terms and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest phrases which are used in the Premises and all persons contracting with the Tenant for the destruction or removal prevailing wage requirements of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.subparagraph G.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations1. Tenant shall complete alterations, additions, make no alterations or improvements to the Premises strictly without Landlord’s prior written consent, not to be unreasonably withheld, conditioned, or delayed. Prior to commencement of the Lease, Landlord will provide Landlord’s building standard finish out in accordance with the parameters outlined in Exhibit “D” attached hereto (“Landlord’s Work”). Landlord shall proceed with due diligence to complete both Landlord’s Work and Tenant’s Work (collectively the “Work”) in compliance with Exhibit “D” attached hereto, or as otherwise agreed, and tender the Premises to Tenant. The Premises shall be “substantially complete” when all of the Work on the Premises shall have been fully performed, with only such omissions or deviations as are inadvertent and unintentional, and are remediable without impairing the intended use of the Premises. The Premises shall be deemed to be ready for occupancy when Landlord certifies in writing to Tenant that Landlord has substantially completed the Work and Landlord has in fact substantially completed the Work to such point that Tenant may immediately occupy the premises and commence its intended business operations (“Substantial Completion”). Tenant shall promptly inspect the Work and accept same if in compliance with the ADA terms hereof (“Acceptance”), which shall not be unreasonably withheld, conditioned or delayed. All construction work done by Landlord shall be performed in a good and applicable codeworkmanlike manner, in compliance with all governmental requirements, and in accordance with the description of the Work in Exhibit “D.” If approved in writing by Tenant, any costs for tenant finish-out in excess of the Landlord’s building standard shall be borne by Tenant. If deemed reasonably necessary, specific construction details will be memorialized in a letter agreement between Landlord and Tenant prior to commencement of construction, which will form part of Exhibit “D” to this Lease. (B) 2. At the expiration end or sooner termination other Termination of this Lease, any improvementsTenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in as good repair and condition as when delivered to or constructed by Tenant, additions, alterations reasonable wear and tear excepted. Tenant may remove its equipment and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, it but must repair any damage caused occasioned by the such removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required requested by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Assignment of Lease (Fuse Medical, Inc.)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsalteration, additionsaddition, improvement or improvements installation (hereinafter collectively "Alterations" or individually referred to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements an "Alteration") to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedpermitted to be made by Tenant, except as provided in Section 12(b) below, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. As a condition of giving any consent under this Section 12, Landlord may require, among other things, that Tenant (a) deliver to Landlord and obtain Landlord's approval of final plans and specifications for the Alterations, (b) obtain Landlord's approval of all contractors and subcontractors performing Alterations, (c) obtain all permits, approvals and certificates required by governmental or quasi-governmental bodies, and upon completion, certificates of final approval and shall bond against deliver promptly duplicates of all such governmental permits, approvals and certificates to Landlord, (d) carry and cause all contractors and subcontractors to carry, worker's compensation, general liability, personal and property damage insurance, (e) if notice is given by Landlord to Tenant concurrently with the delivery of Landlord's approval of any Alteration that Landlord will require the removal of an Alteration at the expiration or discharge earlier termination of the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderterm, Landlord shall have the right to pay such lien require Tenant, at its sole cost and Tenant shall reimburse expense, to remove any "Non-Standard" (hereinafter defined) Alteration, at the expiration or earlier termination of the Term, and (f) provide security reasonably satisfactory to Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto in order to insure that the expenses, cost Premises and charges above referred to Building shall be considered as rent due kept free from mechanics' or materialmens' liens and that all approved Alterations will be fully paid for. For purposes of this Section 12(a), a "Non-Standard" Alteration shall be included any Alteration (y) that shall in any lien for rent. (D) Tenant shall not have any authority Landlord's reasonable opinion require demolition costs on a per square foot basis materially greater than the costs on a per square foot basis to create any liens for labor or material on demolish the Landlord’s interest tenant improvements initially installed in the Premises and approved by Landlord and (z) that is of a nature not generally found in comparable office space at the time of the request for approval. Notwithstanding the foregoing provisions of this Section 12(a), Tenant shall have no right without Landlord's prior written consent, to make any Alterations which would (i) adversely affect the load bearing structural components and structural soundness of the Building, (ii) adversely affect the central environmental systems (excluding ventilation ducts, diffusers and returns), (iii) adversely affect the electrical, plumbing or other utility systems of the Building or (iv) adversely affect the roofing systems, window glass, window gaskets or glazing. (b) Notwithstanding the foregoing, Tenant may, without Landlord's consent, make Alterations that are non-structural in nature and do not adversely affect the Building mechanical, plumbing or electrical systems; provided (i) Tenant shall give Landlord fifteen (15) days advance notice of such Alterations which notice shall include a description of such Alterations; (ii) all persons contracting such Alterations shall be installed or constructed in accordance with all laws; (iii) Tenant shall obtain all necessary permits required by governmental or quasi-governmental bodies; (iv) all contractors shall be approved by Landlord, such approval not to be unreasonably withheld or delayed; (v) Tenant shall deliver to Landlord upon completion thereof as-built plans therefor; (vi) if the Alteration is a Non-Standard Alteration and if notice is given by Landlord to Tenant within said fifteen (15) day period that Landlord requires the removal of such Non-Standard Alteration at the expiration or earlier termination of the Term; then Tenant shall, at its sole cost and expense, remove any Non-Standard Alteration at the expiration or earlier termination of the Term; and (vii) Tenant shall carry and cause its contractors to carry worker's compensation, general liability, personal and property damage insurance. (c) Notwithstanding any provision in this Section 12 or otherwise in this Lease to the contrary, Tenant shall not make any Alteration that shall affect the facade or exterior face of the Building or otherwise affect the appearance of the Building from the exterior of the Building in any respect. Landlord reserves the right to unreasonably withhold its consent to any such Alteration in Landlord's sole and absolute discretion. (d) All Alterations which may be made to the Premises, shall become the property of Landlord and remain and be surrendered with the Premises. Tenant for agrees to repair any damage to the destruction Premises caused by or in connection with the removal of any facilities articles of personal property, business or to trade fixtures, including without limitation thereto, repairing the improvements or for floor and patching and painting the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantwalls where damaged. (Ee) Except Landlord agrees to provide to Tenant, a build-out allowance equal to $12.50 per RSF or $187,500 to be used toward the design and construction of the Premises. Payment of such allowance will be made within thirty (30) days of receipt of invoices from Tenant along with the appropriate lien waivers certifying that such work is complete and free of liens. Landlord agrees to make periodic payments (on a monthly basis) to assist Tenant in payment of build-out costs. In the event Tenant does not utilize the entire build-out allowance, then Landlord will agree to apply the unused portion as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be rental abatement for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Base Rent.

Appears in 1 contract

Sources: Lease Agreement (Medical Staffing Network Holdings Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations9.1 The agreements of Lessor and Lessee concerning the work necessary to prepare the Premises for occupancy are set forth in the Special Stipulations, additions, or improvements to further identified as Exhibit “B’ attached. If Lessee does not occupy the Premises, except such as may be provided for in this Leaseor if lessee vacates the Premises prior to August 31, shall be made without first having the consent2005, in writingeither event through no default of Lessor, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of LandlordLessee shall, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with notwithstanding any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either pay Lessor upon demand (ias an Amount Due) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase for the cost of remodeling all work described on Exhibit B or otherwise done to the Premises by or on behalf of Lessee, less the percentage of said amount equal to the number of days for use by future tenants. Tenant shall, at its cost, repair any damage caused which Base Rent was paid divided by the removal number of trade fixtures and other required items. Tenant days in the Lease Term. 9.2 Other than the matters specified in this Lease, Lessee shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with not make any alterations, additions or improvements in or to the Premises, nor install or attach fixtures in or to the Premises, without the prior written consent of Lessor which shall not be unreasonably withheld, excepting alterations of cosmetic nature not exceeding $10,000.00 (ten thousand dollars) in cost. All alterations, additions or improvements made, installed in or attached to the Premises by Lessee shall be made at Lessee’s expense in a good and Tenant willworkmanlike, if required manner, strictly in accordance with the plans and specifications approved by LandlordLessor. Prior to the commencement of any such work by Lessee, furnish a lien waiver for a bond Lessee shall deliver to Lessor certificates issued by insurance companies licensed and registered to operate in form the State of Georgia, evidencing that workers’ compensation insurance, public liability insurance and with surety property damage insurance, all in amounts satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees Lessor are in force and effect and maintained by all contractors and subcontractors engaged by Lessee to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisesperform such work. (C) Tenant agrees that Tenant will pay 9.3 Lessee shall keep the Premises free from all liens, rights to liens or claims of liens of contractors, subcontractors, mechanicsmechanics or materialmen for work done or materials furnished to the Property at the request of Lessee. If any claim of lien, laborersor other statutory notice relating to mechanics and materialmen’s liens, materialmenis filed, Lessor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien or statutory notice by deposit or by bonding proceedings. Any amount so paid by Lessor and other items of like character, all costs and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release without limitation attorneys’ fees incurred by Lessor in connection therewith shall constitute additional rent payable by Lessee on demand. Lessee shall not have the authority to subject the interest or estate of liens and attorney’s fees and costs reasonably incurred in and about Lessor or the defense of any suit in discharging the Premises Property or any part thereof from to any lienliens, judgmentsright to liens or claims of liens for services, materials, supplies or encumbrances caused equipment furnished to Lessee. 9.4 All alterations, additions or suffered by Tenantimprovements, in the event any such lien shall including, but not limited, to, fixtures, partitions, counters and window and floor coverings, which may be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee installed by either of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about upon the Premises, irrespective of the manner of annexation and all material menirrespective of which party may have paid the cost thereof, contractorsexcepting only movable office furniture, subcontractorsoffice equipment and appliances put in at the expense of Lessee, mechanicsshall be the property of Lessor, and laborers are hereby charged shall remain upon and be surrendered in good condition with notice that they must look only the Premises at the expiration or other termination of this Lease. Notwithstanding the forgoing, however, if Lessor so elects, it shall be Lessee’s obligation prior to expiration of this Lease at the Tenant and Lessee’s expense (notwithstanding the Tenant’s interests in expiration of the Lease Term) to restore the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantcondition they were in previous to such alterations, additions, improvements, partitions and fixtures. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Talk America Holdings Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant agrees not to make any improvements or alterations to the Premises without prior written consent of the Landlord. If any alterations, additionsimprovement or changes are made to or built on or around the Premises, or improvements with the exception of fixtures and personal property that can be removed without damage to the Premises, except such as may be provided for in this Lease, they shall be made without first having become the consent, in writing, property of Landlord and shall remain at the expiration of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing. UTILITIES ANDS SERVICES: Charge for ☐ electricity, either (i) remain on ☐ telephone service, ☐ cable television, ☐ heat, ☐ hot water, ☐ water, ☐ garbage pick-up, ☐ snow-removal and ☐ lawn maintenance are services/utilities provided to the Premises apartment are included as the property a part of this Lease and shall be borne by the Landlord without compensation in addition to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s costfollowing: __________________________________________. It is specifically understood and agreed that Landlord may require MAINTENANCE, REPAIR, AND RULES. Tenant to remove any low voltage wiring serving will maintain the Premises, including the grounds and any other improvements of installations by all appliances and fixtures (☐ and furnishings), in clean, sanitary and good condition and repair. Tenant that Landlord deems to increase the cost of remodeling will not remove Landlord’s appliances and fixtures (☐ and furnishings), from the Premises for use by future tenantsany purpose. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and If repairs other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Furtherthan general maintenance are required, Tenant agrees to hold will notify Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filedrepairs. In the event of default by Tenant, Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall will reimburse Landlord for such sumthe cost of any repairs or replacement. ☐ Tenant will also maintain the grounds, plus which is part of the Premises. (Do not check if leasing an administrative fee apartment) PETS. (Check one) ☐ Tenant is NOT allowed to have or keep any pets, even temporarily, on any part of fifteen percent (15%) upon demandthe Premises. It ☐ Tenant is understood and agreed between allowed to have the parties hereto following pets on the Premises: ________________________________. The unauthorized presence of any pet will subject Tenant to penalties, damages, deductions and/or termination of this Agreement. Properly trained service animals that provide assistance to individuals with disabilities may be permitted on the expensesPremises with the prior written consent of Landlord, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant which shall not have be unreasonably withheld. Tenant will be responsible for the costs of de-fleaing, deodorizing and/or shampooing all or any authority to create any liens for labor or material portion of the Premises if a pet has been on the Premises at any time during the Term (whether with or without written consent of Landlord’s interest in the Premises and all persons contracting with the ). If Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements does keep an authorized pet on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only Tenant will pay to the Tenant and the Tenant’s interests Landlord a pet deposit in the Premises to secure the payment amount of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant$__________. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Month to Month Rental Agreement

ALTERATIONS AND IMPROVEMENTS. a. Landlord will make available a Tenant Improvements Allowance ("Landlord's Tenant Improvement Allowance") of $14.00 per square foot of Expansion Space. Included as part of the Tenant Improvement Allowance shall be a construction management fee in the amount of five percent (5%) of the actual improvement cost, and all costs associated with architectural & mechanical drawings. The design and construction of the Tenant Improvements shall be in accordance with working drawings to be approved by Landlord and Tenant prior to commencement of construction. The Premises will be prepared in accordance with Exhibit "A" attached hereto and by this reference made a part hereof ("Landlord's Construction"). Landlord shall have such work performed promptly, diligently and in a good and workmanlike manner. The aforementioned Tenant Improvement Allowance shall be utilized by the earlier of 1) No alterationsJune 30, additions2001 or 2) 90 days from the day Buil▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇ich is presently occupied by Heritage Property Management becomes vacant. Should Tenant fail to utilize the Tenant Improvement Allowance by June 30, 2001 then this obligation of the Landlord shall be null and void and of no further force or effect. Landlord agrees and acknowledges to allow Tenant to utilize any excess Tenant Improvement Allowance within the existing premises or within other premises occupied by Tenant for improvements to the Premises. Tenant acknowledges and agrees that any such work to be performed pursuant to the herein defined excess Tenant Improvement Allowance, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the Landlord's reasonable approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails does not utilize the excess Tenant Improvement Allowance prior to comply with the requirements December 31, 2001; this obligation of the ADA in performing any work in the PremisesLandlord shall be null and void and of no further force or effect. (C) Tenant agrees that Tenant will pay all liens b. Upon substantial completion of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedLandlord's Construction, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in inspect the Premises and all persons contracting identify "punch-list" items for Tenant's final acceptance. "Substantial Completion" means the Premise is reasonably satisfactory for acceptance and in accordance with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements work depicted on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantExhibit "A". (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Telemate Net Software Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant shall make no alterations, changes or improvements to the Premises without the prior written consent of Landlord, not to be unreasonably withheld or delayed, and without first submitting to Landlord plans and specifications for such work. All work done by Tenant shall be performed in a good and workmanlike manner, in compliance with all applicable laws and at such times and in such manner as not to cause interference with any work of Landlord or with other tenants in the Building. Any alterations, additions, or improvements to (whether temporary or permanent in character) made in or upon the Premises, except such as may either by Landlord or Tenant (including but not be provided for limited to, wall covering, carpeting or other floor covering, paneling, built-in this Leasetrac moveable file systems, nurses call systems, built-in book shelves and built-in cabinet work), shall be made without first having the consent, in writing, deemed a part of the property of Landlord and shall be surrendered with the Premises at termination of this Lease and shall remain on the Premises without compensation to Tenant. All other furniture, movable trade fixtures (including but not be limited to, x-ray equipment, audio booths and laboratory equipment) and equipment installed by Tenant may (and shall at Landlord's option) be removed by Tenant at the termination of this Lease. The design of Landlord reserves the right to prescribe that all work and installments undertaken improvements by Tenant shall be subject to the approval same as or shall conform with Building standard items, materials and types of construction. All alterations, physical additions or improvements must be constructed by a contractor and workmen approved by Landlord, not to be unreasonably withheld or delayed. All furniture, movable trade and no work shall commence until such approval is obtained. Landlord’s approval equipment installed by Tenant not removed from the Premises within fifteen (15) days of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation Lease shall be conclusively presumed to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations have been abandoned by Tenant that and Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallmay, at its option, take over the possession of such property and either (a) declare same to be property of Landlord by written notice thereof to Tenant or (b) at the sole risk, cost, repair any damage caused by and expense of Tenant, remove the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises same or any part thereof from in any lien, judgments, manner that Landlord shall choose and dispose of or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge store the same within ten (10) days after the same has been made or filed. In the event without incurring liability to Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.person. * *

Appears in 1 contract

Sources: Contribution and Purchase Agreement (United Surgical Partners International Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterations, additions, or improvements Tenant shall not make (i) any non-structural Alterations to the Leased Premises that cost more than One Million Dollars ($1,000,000) in the aggregate in any twelve (12) month period or (ii) any structural Alterations to the Leased Premises, except such as may without having first obtained the prior written consent of Landlord (which consent shall not be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlordunreasonably withheld or delayed). The design of all work and installments undertaken by Tenant shall be subject to not construct upon the approval Real Property any additional buildings without having first obtained the prior written consent of Landlord, and no work Tenant shall commence until such approval is obtained. Landlord’s approval conduct a comprehensive asbestos inspection prior to any significant renovation or demolition of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Leased Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to require Tenant to remove any Alterations except for those Alterations required by Law or for which Landlord has agreed in writing that removal will not be required. (b) If Tenant makes any Alterations pursuant to this Paragraph 13, Major Alterations pursuant to Paragraph 34 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as “Work”), then (i) the market value of the Leased Premises shall not be lessened by any such Work or its usefulness impaired, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the replacement of Equipment or parts thereto, all replacement Equipment or parts shall have a value and useful life equal to the greater of (A) the value and useful life on the date hereof of the Equipment being replaced or (B) the value and useful life of the Equipment being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Equipment was then in the condition required by this Lease), (vi) Tenant shall promptly discharge or remove all liens filed against the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such lien Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall reimburse execute and deliver to Landlord for any document requested by Landlord evidencing the assignment to Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein, and (ix) if such sumAlterations will cost in excess of One Million Dollars ($1,000,000), plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority comply, to create any liens for labor the extent requested by Landlord or material on the Landlord’s interest in the Premises and all persons contracting required by this Lease, with the Tenant for the destruction or removal provisions of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable theretoParagraph 19(a), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentwhether or not such Work involves restoration of the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (Claires Stores Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No 8.1 Save for the installation of trade fixtures and furnishings, the Tenant will make no alterations, additionsinstallations, removals, additions or improvements in or about the Premises without the Landlord's prior written consent, which consent will not be unreasonably withheld or delayed, and in the event of such consent, all work is done at the Tenant's sole expense and at such times and such manner as the Landlord may reasonably approve. 8.2 The Tenant will not suffer or permit any builders' liens to be filed against the interest of the Landlord in the Land or the Premises by reason of work, labour, services or material supplied or claimed to have been supplied to the Premises, except such as Tenant or for which the Tenant may be provided for in this Leaseany way obligated, shall and if any such builders' lien will at any time be made without first having filed against the consentLand or the Premises whatsoever, in writing, the Tenant will cause the same to be discharged from title to the Land within 20 days of the Landlorddate the Tenant has knowledge of such filing. The design of all work and installments undertaken by Tenant shall be subject Landlord may wish to post security under the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval provisions of the plans, specifications Builders Lien Act or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable codelegislation replacing such Act. (B) At the expiration or sooner termination 8.3 All articles of this Lease, any improvements, additions, alterations personal property and fixtures installed by Tenant, other than Tenant’s all business and trade fixtures, unless otherwise agreed machinery and equipment, cabinet work, furniture and movable or immovable partitions owned or installed by the Tenant at the expense of the Tenant in writing, either (i) remain on the Premises as will remain the property of the Landlord without compensation to Tenant; or (ii) Tenant and may be removed and by the Premises restored Tenant at any time during the Term, provided that the Tenant at its expense will repair any damage to their the premises or the Building caused by such removal of the original condition at Tenant’s cost. It is specifically understood and agreed that installation. 8.4 The Landlord may elect to require the Tenant to remove all or any low voltage wiring serving part of the Premisesbusiness and trade fixtures, machinery and any equipment, cabinet work, furniture and movable and immovable partitions owned or installed by or on behalf of the Tenant after the commencement of the Term (other than those which constitute ordinary and reasonable commercial fixtures and improvements which would be reasonably useable by other commercial tenants) at the expiration of installations by this Lease in which event such removal is done at the Tenant's expense and the Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallwill, at its costexpense, repair any damage to the Premises or to the Building caused by such removal. 8.5 If the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”does not remove the property set out in Section 8.4 forthwith after written demand by the Landlord, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant such property will, if required by the Landlord elects, be deemed to become the Landlord, furnish a lien waiver for a bond in form 's property and with surety satisfactory to Landlord, as the Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge remove the same within ten (10) days after at the same has been made or filed. In at the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee expense of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in cost of such removal will be paid by the Premises Tenant forthwith to secure the payment Landlord on written demand and the Landlord will not be responsible for any loss or damage to such property because of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantsuch removal. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Xenon Pharmaceuticals Inc.)

ALTERATIONS AND IMPROVEMENTS. (A) No 12.1 Without Landlord’s consent, Tenant may make non-structural changes, alterations, additions, or and improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, interior of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B“Personalty”) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either if (i) remain on Tenant deems the Premises Personalty as the property of the Landlord without compensation to Tenant; necessary or (ii) be removed and the Premises restored to their original condition expedient for its operations at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements (ii) such Personalty does not adversely affect the building systems of installations by the Property. 12.2 Tenant that Landlord deems may make exterior or structural changes, alterations, or additions to increase the cost of remodeling the Premises for use by future tenants. Tenant shall(“Improvements”) with Landlord’s prior written consent, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory which is subject to Landlord’s sole discretion. Notwithstanding, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same provide a written response within ten (10) business days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at ▇▇▇’s written request to make any Improvements. If Landlord fails to provide a timely written response to ▇▇▇▇▇▇’s request, then Landlord shall be deemed to have consented to the request or instruction of Tenantproposed Improvements. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations 12.3 All Personalty and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall (i) be for Tenant’s account constructed by Tenant in good and workmanlike manner, and at Tenant’s sole cost and expense; (ii) comply with all applicable laws, codes, rules, and regulations; (iii) be compatible with the Property and its mechanical, electrical, HVAC, and life-safety systems; (iv) not interfere with the use and occupancy of any other portion of the Property by any other tenant or their visitors; and (v) not affect the integrity of the structural portions of the Property. 12.4 All Personalty and Improvements shall belong to Tenant shall pay ad valorem taxes and increased insurance thereon or attributable theretounless the Parties agree otherwise in writing (“Tenant Property”), which cost . Tenant Property shall be payable placed, maintained, and operated on the Premises at Tenant’s sole risk, cost, and obligation, except for any damage to the Tenant Property that is caused by Tenant to the gross negligence or willful misconduct of Landlord upon demand as Additional Rentor Landlord’s employees or agents.

Appears in 1 contract

Sources: Office Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner earlier termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on Tenant shall deliver up the Premises as with all improvements located thereon (including all mechanical, plumbing and HVAC systems) in good repair and condition, reasonable wear and tear excepted and also excepting any casualty to the property extent Landlord is adequately and sufficiently compensated therefor by means of the available insurance proceeds, and shall deliver to Landlord without compensation all keys to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save also remove all trash and debris from the Premises and leave same in a "broom clean" condition. The cost and expense repairs necessary to restore the condition of the Premises to the condition in which they are to be delivered to Landlord harmless on account according to the immediately preceding sentence shall be borne by Tenant. Tenant will not make or allow to be made any alterations or physical additions in or to the Premises without the prior written consent of claims for mechanics”Landlord, materialmen’s or other liens in connection with any which consent shall not be unreasonably withheld as to interior, cosmetic, non-structural alterations. All alterations, additions or improvements to (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on expiration or earlier termination of this Lease and shall remain on the Premises without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant willmay be removed by Tenant at the expiration or earlier termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to or if not so removed shall, at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in a good, workmanlike manner so as Landlord may require before starting any work on the Premises. Further, Tenant agrees not to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging damage the Premises or any part thereof from any lienthe primary structure or structural qualities of the Building, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the other improvements or for the erectionplumbing, installation, alteration, or repair of any facilities electrical lines or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantutilities. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Industrial Lease Agreement (Mohawk Industries Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant shall make no structural alterations, additions, additions or improvements to the Premises, except such as may be provided for in this Lease, shall be made Office Space without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the prior written approval of Landlord, which approval may be granted or withheld in Landlord's sole and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsabsolute discretion. Tenant shall complete have the right, without the prior written consent of Landlord, to redecorate the interior of the Office Space and to make interior alterations, additions, additions or improvements to the Premises strictly Office Space of a non-structural nature subject to the following: (i) the costs associated with such redecorating or non-structural alterations, additions or improvements shall not exceed $5,000 in any one instance, (ii) such non-structural alterations, additions or improvements must not interfere with any mechanical, electrical, plumbing or other systems servicing the Building and any materials used in connection with such redecoration and/or non-structural alterations, additions or improvements must be of at least the same quality as required by the then current Building standards, (iii) all work associated with such redecorating or non-structural alterations, additions or improvements may only be made by contractors approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed and (iv) Tenant shall deliver final written and unconditional waivers of mechanic's and materialmen's liens as to the Office Space, the Building and the land upon which the Building is situated for all work, labor and services to be performed and materials to be furnished in connection with such redecorating or non-structural alterations, additions or improvements. If the costs associated with any proposed redecorating or non-structural alterations, additions or improvements shall exceed $5,000 in any one instance, Tenant shall not undertake the same without the prior written consent of Landlord, which consent shall not be unreasonably withheld so long as Tenant complies with the requirements set forth in (ii), (iii) and (iv) hereinabove. Tenant shall 26 conduct any work performed hereunder in such a manner so as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Tenant covenants that all work shall be done in compliance with all applicable laws. Unless Landlord specifies at the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the time Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with approves any alterations, additions or improvements to be made by Tenant hereunder that the Premisessame shall be removed by Tenant upon the expiration or earlier termination of this Lease, all such alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Office Space shall be Landlord's property and at the end of the term hereof shall remain in or upon the Office Space without compensation to Tenant. If Landlord shall request in writing that any alterations, additions or improvements be removed from the Office Space upon the expiration or earlier termination of this Lease, Tenant will, prior to the expiration or termination of this Lease, remove any and all alterations, additions and improvements placed or installed by Tenant in the Office Space, and will repair any damage caused by such removal. Notwithstanding anything contained hereinabove to the contrary, all of Tenant's furniture, movable trade fixtures and equipment not attached to the Building may be removed by Tenant willat the termination of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to if not so removed, shall, at the option of Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements become property of the ADA in performing any work in the PremisesLandlord. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Amendment (Lightspan Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No Tenant shall have the right, subject to Landlord's prior written approval, to make non-structural alterations, additions, or improvements (hereinafter collectively referred to as "improvements") to the interior of the Demised Premises, except such as may . Said improvements and additions shall be provided for in this Lease, accomplished at Tenant's sole cost and expense and shall be made without first having the consentin compliance with all building codes and ordinances, in writinglaws, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject regulations applicable to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsDemised Premises. Tenant shall complete alterations, additions, or cause all improvements to the Premises strictly be accomplished in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge good workmanlike manner using the same within ten (10) days after the same has been made or filed. In the event Tenant fails quality and finish to have such lien removed as required hereundermatch existing, Landlord shall have the right right, but not the obligation, to pay require Tenant's removal of said improvements at the expiration or termination of the Lease, including restoration of the Demised Premises, to its original state of improvement, configuration, etc. Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished or obligation incurred by or for Tenant or any person or entity claiming through or under Tenant. In the event that Tenant shall not, within sixty (60) days following the imposition of any such lien, cause the same to be released by payment or posting of a bond, Landlord shall have the right, but not the obligation, to cause such lien to be released by such means as Landlord deems proper, including payment of the claim giving rise to such lien, All such sums paid and all expenses incurred by Landlord in connection therewith shall be due and payable to Landlord by Tenant shall reimburse Landlord for such sum, plus an administrative fee of as additional rent within fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction days of Tenant's receipt of Landlord's invoice. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Paradigm Medical Industries Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No The Tenant may make alterations, additions, additions or improvements to the Premises, except such as may be provided for in this Lease, shall be made leased premises without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property consent of the Landlord without compensation to Tenant; only if such alterations, additions or (ii) be removed and improvements do not require structural changes in the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving leased premises, or do not lessen the Premises, and any other improvements value of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenantsleased premises. Tenant shallwill furnish Landlord with plans and specifications for all improvements and alterations, whether or not Landlord's consent is required, at its cost, repair least twenty (20) days before the commencement of any damage caused by work. In the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with event any alterations, additions or improvements to be made require structural changes, the Premisessame shall only be made upon the Tenant obtaining the prior written consent of the Landlord, which consent the Landlord shall not unreasonably withhold, provided the same do not lessen the value of the leased premises or does not change the basic design and/or utility of the building. All such alterations, additions or improvements shall be (i) only in conformity with applicable governmental and insurance company requirements and regulations applicable to the leased premises, (ii) all work will be performed by reputable contractors in a manner and using materials substantially similar to those used in construction of the building of which the leased premises are a part and fully paid by Tenant so that the leased premises will be lien free, (iii) all work will be performed in a continuous manner to completion without unreasonable delay, and (iv) Tenant will furnish Landlord with written evidence that the appropriate governmental agencies have approved the work. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damages or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided. All alterations, decorations, installations, additions or improvements upon the leased premises made by either party (including but not limited to paneling, interior walls, railings and the like), except Tenant's movable trade fixtures, equipment and furniture, shall, unless Landlord elects otherwise (by notice in writing to Tenant given not less than thirty (30) days prior to the expiration or other termination of this lease or of any renewal or extension thereof) become the property of Landlord and shall remain upon, and be surrendered with, said leased premises, as a part thereof, at the end of said term or renewal term, as the case may be. If Landlord shall elect otherwise at the time Tenant requests Landlord's consent, or if no such consent is required or requested, then if requested by Landlord at least thirty (30) days prior to the end of the term of this lease, Tenant shall remove at its expense such alterations, installations, additions or improvements made by Tenant (including the improvements set forth on Exhibit "B" attached hereto) upon the leased premises as Landlord shall so elect, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form shall repair and with surety satisfactory restore the leased premises to Landlord, as Landlord may require before starting any work on original condition at its sole expense prior to the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements expiration of the ADA in performing any work in term. At the Premises. (C) Tenant agrees that Tenant will pay all liens expiration or other termination of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedthis lease, Tenant shall bond against or discharge remove all personal property not owned by Landlord and all debris and shall leave the same within ten (10) days after leased premises in a "broom clean" condition. Nothing herein contained shall be construed as a consent on the same has been made or filed. In part of the event Tenant fails Landlord to have such subject the estate of the Landlord to liability under the mechanic's lien removed as required hereunderlaw of the State of New Jersey, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is it being expressly understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant Landlord's estate shall not have any authority be subject to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantsuch liability. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Bei Medical Systems Co Inc /De/)

ALTERATIONS AND IMPROVEMENTS. (A) a. No alterations, additionsalteration in, or improvements to addition to, the Premises, except such as may be provided for in this Lease, shall Premises will be made without first having the obtaining Landlord’s prior written consent, in writingwhich Landlord shall not unreasonably withhold, condition, or delay, unless such proposed alteration is structural or involves the operational systems of the Building affecting premises other than the Premises, in which event Landlord may withhold its consent in Landlord’s sole and absolute discretion. The design Unless otherwise agreed by the parties, any such work consented to, although paid for by Tenant, will be done by Landlord with Landlord reserving the right to charge Tenant a fee equal to four percent (4%) of the cost of the work for supervision of such alterations or additions. All work performed by Tenant in connection with any improvements shall be in a good and workmanlike manner and subject to and in accordance with Landlord’s Rules and Regulations and all applicable federal, state, county, and city building and/or fire department codes, ordinances, laws, and regulations. Any required alterations performed in connection with such improvements to meet said codes, ordinances, laws, and regulations shall be performed by Tenant at Tenant’s sole cost and expense. Tenant shall obtain Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, with respect to any third-party contractor Tenant desires to engage for the performance of any such work within or about the Premises. Tenant’s contractors shall be bonded and installments undertaken by insured in accordance with Landlord’s reasonable commercial standards. Notwithstanding the foregoing, Tenant shall be permitted, not more frequently that once every three (3) Lease Years (unless otherwise approved in advance in writing by Landlord) to perform interior, non-structural alterations to Premises so long as Tenant otherwise complies with the terms, conditions, and provisions of this Lease and the aggregate cost of such alterations does not exceed an amount equal to Five and No/100 Dollars ($5.00) per square foot in the Rentable Area of the Premises. Tenant acknowledges and agrees that Landlord shall be entitled to withhold its consent under this Section 24(a) if the frequency or duration of Tenant’s performance of alterations and additions has caused or is likely to cause any material disruption to the overall use and occupancy of the Building which may include, without limitation, burdensome demands on the Building’s swing elevator and/or noise, dust, or disruption to other tenants in the Building. b. Tenant shall be permitted to install, at Tenant’s sole cost, risk, and expense, a secure card access system at the external stair well entrances to the Premises on eighth and ninth floors, subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s reasonable approval of the plansplans and specifications therefor. Any such secured access systems shall comply with law and shall not violate Landlord’s insurance policies. Immediately following any such installation by Tenant, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterationsprovide Landlord with not less than (2) activated access cards for such system, which Landlord shall use only in accordance with Section 26 below. c. All additions, fixtures and improvements, whether temporary or improvements to permanent in character (except only the trade fixtures and movable office furniture of Tenant) made in or upon the Premises strictly including, without limitation, the card access system referred to in compliance with Section 24(b) above, shall be and remain Landlord’s property and shall remain upon the ADA and applicable code. (B) At Premises at the expiration or sooner earlier termination of this Lease, any improvementswith no compensation to Tenant, additionsunless Tenant otherwise delivers a written request for Landlord’s consent, alterations and fixtures installed at the time of installation by Tenant, other than to Tenant’s trade removal of any such additions, fixtures, unless otherwise agreed in writingimprovements, either (i) remain on or systems at the Premises as the property end of the Term and Landlord without compensation so consents to Tenant; or (ii) be removed and such removal at that time. Landlord reserves the Premises restored right to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving such improvements, additions, or systems at the Premises, and any other improvements of installations by Tenant that expiration or termination hereof or within fifteen (15) days thereafter. Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallmay, at its costelection, repair any damage to the Premises caused by or in connection with the removal of any articles of personal property, business or trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”fixtures, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premisesinstallations, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ costs for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements such repairs shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto)expense, which cost shall be payable by Tenant deemed to Landlord upon demand as be Additional Rent. This Section 24(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Surgical Care Affiliates, Inc.)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements The Tenant reserves the right to make alterations to the Premises, except such as may be provided for in this Lease, shall be made without first having Premises during the consent, in writing, term of the Lease with written approval of the Landlord; and Landlord agrees that such written approval shall not be unreasonably withheld. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the Upon expiration or sooner termination of this Lease, any improvements, additions, all improvements and alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on to the Premises as that were made by the Tenant shall become the property of the Landlord without compensation to Tenant; Landlord. At the expiration or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements termination of the ADA in performing any work in Lease, the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and remove from the Premises all personal property owned by the Tenant. Any sale of the Premises by Landlord shall be subject to Tenant’s rights under this Lease. Tenant shall reimburse Landlord for such summay, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, at its sole cost and charges above referred to shall be considered as rent due expense, apply for and shall be included in obtain all licenses, permits, and approvals, required by any lien local, state or federal governmental authorities for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal its use of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and including without limitation, all material menapplications for zoning variances, contractorszoning ordinances, subcontractorsbuilding code variances, mechanicsamendments, special use permits, and laborers are hereby charged with notice that they must look only construction permits and other licenses and approvals necessary or convenient for constructing, installing, removing, replacing, maintaining and operating a Fire Station, including parking, access driveways, internal driveways, fences, gates, landscaping and anything else related to the Tenant and the Tenant’s interests in use of the Premises as a Fire Station (collectively, the “Government Approvals”). Landlord shall not unreasonably impede ▇▇▇▇▇▇’s ability to secure obtain all necessary Governmental Approvals. Tenant shall have the payment of any right to terminate this Lease upon 30 days written notice to the Landlord, if ▇▇▇▇▇▇ for work done or material finished at is unable, with reasonable effort, to obtain any Government Approvals necessary to use the request or instruction of Premises in compliance with Section 5. Tenant. (E) Except ’s determination as otherwise provided in this Lease as shown to what constitutes reasonable effort shall be final and binding on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional RentParties.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No alterationsTenant shall have the right, from time to time, to make such alterations and improvements to, and decoration of, the Leased Premises as shall be necessary and appropriate in the Tenant's judgment for Tenant's conduct of its business thereon; provided, however, that Tenant shall not suffer or permit any additions, alterations or improvements to the Premises, except such Leased Premises without the prior written consents of Landlord as may be provided for in this Lease, shall be made without first having to the consent, in writing, of the Landlordplans and specifications therefor. The design consent of all work and installments undertaken Landlord shall not be unreasonably withheld or delayed. Any additions, alterations or improvements made to the Leased Premises by Tenant shall be subject to the approval of Landlord, made in accordance with plans and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for prepared by Tenant ("Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations's Plans"). Tenant shall complete alterationssubmit any required plans and specifications to Landlord and Landlord shall have thirty (30) days to review the same. If, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. within thirty (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (1030) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien plans and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers specifications are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable submitted by Tenant to Landlord upon demand as Additional Rentfor such approval, Landlord shall not have given Tenant notice of disapproval thereof, stating the reason for such disapproval, such plans and specifications shall be considered approved by Landlord. Notwithstanding the foregoing Tenant may, without Landlord's consent, make non-structural alterations and improvements to the Leased Premises at an out-of-pocket cost to Tenant not exceeding $25,000 for any alteration project. In making any such additions, alterations, improvements or decorations, Tenant shall comply with all applicable laws, codes, ordinances and regulations.

Appears in 1 contract

Sources: Lease (Cima Labs Inc)

ALTERATIONS AND IMPROVEMENTS. (A) No If Lessee proposes to make or construct any alterations, additionsimprovements, additions or fixtures that affect any portion of the Premises or any structures located on the Premises that are allowed under an existing use permit, Lessee shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Lessee may proceed, provided Lessee obtains all required permits. 8.6.1 Lessee shall not substantially deface or change any floors, walls, ceilings, roofs, or partition any of the structures or improvements on the Premises without first providing thirty (30) days written notice to the PremisesLandlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, except such Lessee may proceed, provided Lessee obtains all required permits. Except as may be provided for specifically approved in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken writing by Tenant shall be subject to the approval of Landlord, Lessee shall require all contractors to provide a labor and no work shall commence until such approval is obtained. Landlord’s approval materials bond for the full amount of the plansany contract for improvements that exceed $50,000, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with including any applicable governmental lawsExhibit B improvements. Lessee shall pay, rules when due, all sums of money that may be due or regulations. Tenant shall complete become due for any labor, services, materials, supplies or equipment furnished to or for Lessee in, at, upon or about the Premises and which may be secured by any mechanic's, material men’s or other lien against the Premises or Landlord's interest therein. 8.6.2 All alterations, additions, improvements or improvements additions that are now or in the future attached permanently to the Premises strictly in compliance shall be the Property of Landlord and shall remain with the ADA and applicable code. (B) At Property at the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either except that Landlord can elect within thirty (i30) remain on the Premises as the property days of the Landlord without compensation termination of the Lease to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallLessee, at its cost, repair to remove any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements equipment that Lessee has affixed to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. 11.1 By Lessee: Any structural modifications, alterations and/or improvements to the Leased Premises by Lessee must (A) No alterationsfirst be approved by Lessor in writing, additions(B) be made in substantial compliance with plans and specifications therefore first approved by Lessor, and (C) be performed by a contractor first approved by Lessor. Lessor agrees that such approvals shall not be unreasonably withheld or delayed All Lessee modifications, alterations and/or improvements to the Premises, except such as may be provided for in this Lease, Leased Premises shall be made without first having the consentmade, constructed or installed (w) at Lessee’s expense, (x) using a licensed contractor, (y) in writing, of the Landlord. The design of all work good and installments undertaken by Tenant shall be subject to the approval of Landlordworkmanlike manner, and no work shall commence until such approval is obtained. Landlord’s approval of the plans(z) in accordance with all applicable federal, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completenessstate, design sufficiency, or compliance with any applicable governmental laws, rules or and local law and regulations. Tenant Lessee shall complete alterations, additions, or improvements to not commence the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination making of this Lease, any improvements, additionsLessee modifications, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either and/or improvements until (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or all required governmental approvals and permits have been obtained, (ii) be removed all requirements ragarding Insurance imposed by this Lease have been satisfied, (iii) Lassee has given Lessor at least five business days prior written notice of its intention to commence any structural work, so that Lessor may post and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisesfile notices of non-responsibility, and (iv) if reasonably requested by Lessor, Lessee has obtained contingent liability and broad form builder’s risk insurance in an amount reasonably satisfactory Lessor to cover any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements perils relating to the Premisesproposed work not covered by insurance carried by Lessee pursuant to this Lease. As used in the Paragraph, the term “modifications, alterations and/or improvements” shall expressly include, without limitation, the installation of additional electrical service and systems, heating and ventilation, overhead lighting fixtures, drains, sinks, built-in partitions, doorways, or the like, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisesshall expressly exclude cosmetic changes. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease (Viasystems Group Inc)

ALTERATIONS AND IMPROVEMENTS. Prior to commencing construction of (Aa) No any Improvements that (when considered individually or together with any related Improvements) have a total estimated cost in excess of $250,000.00, or (b) any alterations to any of the Improvements that (when considered individually or together with any related alterations) have a total estimated cost in excess of $250,000.00, or (c) any structural alterations to any of the Improvements, or (d) any non-structural alterations to the Improvements that could reasonably be expected to diminish the value of the Improvements by more than $100,000.00 (either individually or in the aggregate) (any of the foregoing, “Major Work”), Tenant shall obtain Landlord’s prior written approval of such proposed Improvements or alterations, additionswhich approval shall not be unreasonably withheld, conditioned or improvements delayed so long as Tenant shall not be in breach under this Lease beyond any applicable notice and cure period. Prior to commencing any construction (regardless of whether or not Landlord’s approval may be required hereunder), Tenant shall submit to Landlord, on electronic media (together with a hard copy), such plans and specifications as are customary and reasonable for the alteration or improvement contemplated, in Tenant’s commercially reasonable judgment, which may include a site plan showing in detail any planned changes to the Premisesexisting dimensions, except such ingress, egress, grading, drainage, site and building signage, site and building lighting, parking, hardscape and landscaping (the “Preliminary Submittal”). In addition, prior to commencing construction of any Major Work, Tenant shall submit to comprehensive plans and specifications therefor for Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed so long as Tenant shall not be in breach under this Lease beyond any applicable notice and cure period. No work that requires Landlord’s approval may be provided for in this Lease, commenced unless and until Landlord shall have given such approval as required hereunder. It shall be made without first having the consent, in writing, reasonable for Landlord to withhold its approval of the comprehensive plans and specifications if they do not substantially conform to the Preliminary Submittal approved by Landlord. The Tenant acknowledges that Landlord does not assume any responsibility whatsoever for the design of all work any structure or for any violation of applicable laws, ordinances or regulations and installments undertaken by that Landlord’s review and approval of the Preliminary Submittal and any plans and specifications is for Landlord’s own benefit and does not constitute any representation or warranty whatsoever to Tenant. Tenant shall be subject not make any material changes or modifications to the plans and specifications for any alterations or new Improvements after having received the approval of Landlord, without first obtaining the approval of Landlord to such changes or modifications, which approval shall not be unreasonably withheld, conditioned or delayed so long as Tenant shall not be in breach under this Lease beyond any applicable notice and no cure period. All work shall commence until such approval is obtained. Landlord’s approval of be constructed and completed in a good, workmanlike and lien free manner, in conformance with the plans, plans and specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of approved by Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly as required hereunder and in compliance with the ADA codes and applicable code. ordinances of governmental authorities having jurisdiction. Within one hundred twenty (B120) At days after completion of any Improvements on the expiration Land and within one hundred twenty (120) days after completion of any alterations to the Improvements, Tenant shall deliver to Landlord, at no cost or sooner termination expense to Landlord, one (1) set of this Lease“as built” plans for the Improvements on electronic media, together with a signed and sealed letter of certification from Tenant’s architect and/or engineer certifying that the electronic media furnished represents the true, correct and complete “as built” plans for the Improvements; provided, however, in no event shall Tenant be required to submit “as built” plans and specifications for any improvementsImprovements or alterations that do not constitute Major Work if it would not be customary and reasonable to produce “as built” plans and specifications for such Improvement or alteration. All Improvements, additionsalterations, alterations additions and fixtures installed by Tenant, other than (excluding Tenant’s trade fixtures, unless otherwise agreed in writingfurniture, either equipment and/or personal property) made or installed by Tenant (icollectively, the “Tenant Alterations”) shall remain on upon the Premises as at the expiration or earlier termination of this Lease and shall become the property of the Landlord without compensation the need to Tenant; execute any further documents or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisesinstruments, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallunless, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements either prior to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements expiration or termination of the ADA in performing any work in the Premises. this Lease or within thirty (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (1030) days after the same has been made termination or filed. In the event Tenant fails to have such lien removed as required hereunderexpiration of this Lease, Landlord shall have give written notice to Tenant directing Tenant to remove the right same or such of the same as shall be specified by Landlord, whereupon Tenant shall, on or before the expiration or earlier termination of the Lease Term (or the date that is thirty (30) days after the date of Landlord’s notice if such notice is given after the expiration or earlier termination of the Lease Term) remove any Tenant Alterations so specified and repair all damage occasioned in connection with such removal and return the area affected thereby to pay such lien its condition prior to the performance or installation of the same, all at Tenant’s sole cost and expense. Notwithstanding the foregoing, except for cabling, which Tenant shall reimburse remove if Landlord for such sumdoes not require the same to be capped and surrendered, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have be required to remove any authority to create any liens Tenant Alterations if (i) Tenant’s request for labor or material on the Landlord’s interest consent to such Tenant Alterations (or Tenant’s notice of Tenant Alterations which do not require Landlord’s consent hereunder) contains a statement in the Premises and all persons contracting with the Tenant for the destruction or capital letters of not less than 14 point, bold-face type advising Landlord that Landlord shall be deemed to have waived its right to require removal of any facilities such Tenant Alterations at the end of the Lease Term unless Landlord, at the time Landlord gives its consent to such Tenant Alterations (or to the improvements or for the erection, installation, alteration, or repair within thirty (30) days after receiving notice of any facilities or other improvements on or about the PremisesTenant Alterations not requiring Landlord’s consent), and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice notifies Tenant that they must look only to the removal of such Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished Alterations at the request or instruction end of Tenant. the Lease Term is required and (Eii) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements Landlord does not notify Tenant that such removal shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentrequired.

Appears in 1 contract

Sources: Lease Agreement (RE/MAX Holdings, Inc.)

ALTERATIONS AND IMPROVEMENTS. Except for (Ai) No non-structural alterations not altering the exterior appearance of the Premises and not exceeding $25,000 for any individual item and $100,000 in the aggregate during any Lease Year and (ii) additions to or renovations of kitchen equipment, Tenant may not make any alterations, improvements, renovations, additions, or improvements utility installations ("IMPROVEMENTS") in, on or to the Premises, except such as may the exterior of the Premises, the exterior walls, the roof, the storefront, or any structural, mechanical or electrical component without Landlord's prior written consent. Any Improvements (other than removable trade fixtures, equipment, furnishings, signs and graphic displays) approved by Landlord shall be provided for in this Leaseat the sole cost and expense of Tenant, and shall be made without first having promptly and in good and workmanlike manner and in compliance with all applicable insurance requirements and with all applicable permits, authorizations, building regulations, zoning laws and all other governmental rules, regulations, ordinances, statutes and laws, now or hereafter in effect pertaining to the consentPremises or Tenant's use thereof. Any Improvements (other than removable trade fixtures, in writingequipment, of the Landlord. The design of all work furnishings, signs and installments undertaken graphic displays) made by Tenant shall be subject to at Landlord's option become the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part property of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At upon the expiration or sooner termination of this Lease. However, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation a condition to Tenant; or (ii) be removed and the Premises restored granting its consent to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove make any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderImprovement, Landlord shall have the right to pay require Tenant to remove such lien and Tenant shall reimburse Landlord for such sumImprovements, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, at Tenant's sole cost and charges above referred expense, upon the termination of this Lease and to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on surrender the Landlord’s interest Premises in the Premises and all persons contracting with same condition as it was prior to the Tenant for the destruction or removal making of any facilities or all such Improvements (ordinary wear and tear excepted) if Landlord in the exercise of its reasonable judgment believes that such Improvements are specific to the improvements or for the erection, installation, alteration, or repair Tenant's use and/or would materially limit Landlord's use of any facilities or other improvements on or about reletting of the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (American Vantage Companies)

ALTERATIONS AND IMPROVEMENTS. a. Subject only to the repair obligations set forth in Section 11 above and Landlord’s other obligations and representations set forth elsewhere in this Lease, Landlord shall lease the Premises to Tenant in “as-is” condition. b. Prior to the commencement of the Initial Lease Term, Tenant shall submit detailed plans to Landlord illustrating Tenant’s proposed up-fit of the Premises (Athe “Plans”). Landlord shall approve or deny the Plans (or suggest alterations thereto) No in a timely fashion, and such approval shall not be unreasonably withheld. Landlord acknowledges that Tenant intends to install equipment, tanks (subject to Section 10 above), piping, valves, ovens, and other fixtures incidental to Tenant’s business. c. Following Landlord’s approval of the Plans and Tenant’s completion of the work set forth therein, Tenant shall be able to make such additional expansions, reconfigurations, and additions to the Premises, including, but not limited to, the Building, driveways and parking lots, as are deemed necessary by Tenant upon the prior written consent of Landlord, which consent shall not be unreasonably withheld. Subject to Section 10(c) above, Tenant may install or cause to be installed any trade fixtures or other equipment used in Tenant’s business without the consent of Landlord. d. All approved alterations, additions and improvements, including fixtures installed, shall be performed by Tenant at Tenant’s sole cost and expense. All alterations, additions and improvements shall be accomplished with first quality materials, parts, components and equipment, in a good workmanlike manner, in compliance with all Laws, and consistent with the style, character and quality of existing improvements. e. All approved alterations, additions and improvements, including fixtures installed (less and except Tenant’s production equipment, machinery, tanks and other similar equipment and fixtures which may be affixed to the Premises and later removed by Tenant), shall upon installation attach to and become a part of the Premises and shall become the property of Landlord. However, Landlord shall be entitled, at its election, to require Tenant upon termination of the Lease to remove any such Tenant installed alterations, additions, improvements or fixtures, and to substantially restore the Premises to its condition prior to such installation (except as to such approved alterations, additions, or improvements to the Premises, except such that are of a permanent nature as may can not be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken removed by Tenant shall be subject to the approval of Landlordusing commercially reasonable means, effort, and no work shall commence until such approval is obtained. Landlord’s approval of the plansexpenditures, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completenesse.g. walls, design sufficiencyplumbing, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures electrical and other required similar structural items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentordinary wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Acorn Energy, Inc.)

ALTERATIONS AND IMPROVEMENTS. ▇. ▇▇▇▇▇▇ acknowledges that Landlord owns the Building(s). Tenant accepts the Building(s) from Landlord in its "as is" conditions, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (Ai) No the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use. B. If Tenant proposes to make or construct any alterations, additionsimprovements, additions or improvements fixtures ("Alterations") that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no ·objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the PremisesBuilding without ▇▇▇▇▇▇▇▇'s prior written consent. All such Alterations shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). Landlord, except in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that ▇▇▇▇▇▇'s work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not perform any of Tenant's Work until ▇▇▇▇▇▇ has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the extent, such requirements are applicable to Tenant's work. C. Except as may be otherwise expressly provided for in this Lease, Tenant shall be made not repair, replace, or modify any utility system located within the Building without first having the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, in writing, structural element of the LandlordBuilding(s), facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be interpreted to make any other person or entity a third party beneficiary thereof. D. This Lease specifically prohibits Tenants, or any other party, from expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City ofBerkeley. The design Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Property, are I all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s prior written approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or and all improvements are subject to the Premises strictly in compliance with the ADA environmental review and permit regulations and approvals of same by all applicable code. (B) At the expiration or sooner termination of this Leaselocal, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premisesstate, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenantsfederal agencies. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises.I (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) E. Tenant shall not have substantially deface or change any authority to create floors, walls, ceilings, roofs, or partition any liens for labor of the structures or material improvements on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.Property without first providing thirty

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. (A) No Except for minor, decorative alterations, mobile partitions, racking and shelving which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $50,000.00 in the aggregate, Tenant shall not make or allow to be made any alterations, physical additions (including cables) or improvements in or to the Premises without first obtaining in writing Landlord’s consent for such alterations or additions, which consent may be granted or improvements to withheld in Landlord’s sole discretion if the alterations will affect the Building structure or systems or will be visible from outside the Premises, except such as may but which consent shall not be provided for in this Leaseunreasonably withheld if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises. Upon Landlord’s request, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject deliver to the approval of LandlordLandlord plans and specifications for any proposed alterations, additions or improvements and no work shall commence until such approval is obtained. reimburse Landlord for Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulationsreasonable cost to review such plans upon demand. Tenant shall complete Any alterations, additions, physical additions or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as shall at once become the property of the Landlord without compensation to TenantLandlord; or (ii) be removed and the Premises restored to their original condition provided, however, that Landlord, at Tenant’s cost. It is specifically understood and agreed that Landlord its option, may require Tenant to remove any low voltage wiring serving alterations, additions or improvements in order to restore the Premises to the condition existing prior to the installation of the same. In all circumstances Tenant shall remove, by the date Landlord is entitled to possession of the Premises, all cable installed in the Premises by or on behalf of Tenant. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements shall be made (i) in a good, workmanlike, first-class and prompt manner; (ii) using only new materials approved by Landlord; (iii) by an experienced, reputable contractors and subcontractors approved by Landlord; (iv) in accordance with plans and specifications prepared by an architect and engineer acceptable to Landlord, which plans and specifications are approved by Landlord; (v) in accordance with all applicable laws; (vi) in a manner that does not disturb the business operations of any other improvements occupant of installations the Building; (vii) after Tenant has obtained public liability, worker’s compensation, Builder’s All-Risk, Completed Operations Coverage, and such other insurance policies required by Landlord, all in forms, amounts and issued by companies approved by Landlord, which policies shall cover every person who will perform work with respect to the alterations, additions or improvements; and (viii) after Tenant that has obtained and delivered to Landlord deems unconditional waivers, in form satisfactory to increase the cost Landlord, of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures mechanics’ and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s liens against the Premises, the Building and the Property from all proposed contractors, subcontractors, laborers and material suppliers for the alterations, additions or other liens improvements. If Tenant fails to comply with the terms of this Section in connection with alterations, additions or improvements, Landlord may cause the cessation of construction or installation of the same until such time as Tenant complies with the terms of this Section. Further, in the event the subject matter of non-compliance may affect any structural component of the Building, any Building system or the exterior appearance of the Premises or the Building, then Landlord may take such action as Landlord may elect to address the subject matter without incurring any liability on Landlord’s part, and Tenant shall pay to Landlord upon demand all costs incurred by Landlord in connection therewith. If any alterations, additions or improvements to the Premises, and Tenant will, if required by are made without Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderprior consent, Landlord shall have the right to pay such lien remove and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood correct the same and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in restore the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities Building to their condition immediately prior thereto or to require Tenant to do the improvements or for the erectionsame, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rentall costs incurred by Landlord in connection therewith. Upon completion of any alterations, additions or improvements, Tenant shall, at its expense, deliver to Landlord: (1) two sets of mylar reproducible “as-built” drawings and a CAD disk for the same; (2) certifications executed by Tenant’s architects, engineers and contractors for the same which certifications shall certify that the “record-set” of as-built drawings for such alterations, additions or improvements are true and correct; (3) copies of all permits, other approvals of governmental authorities, warranties, guaranties and operating manuals relating to the alterations, additions or improvements; and (4) full and final waivers of all liens for labor, services or materials for the alterations, additions or improvements, in form reasonably satisfactory to Landlord. Tenant does hereby agree to indemnify, protect, defend and hold harmless Landlord from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions or renewals hereof, any ad valorem or property tax on such alterations, additions or improvements, Tenant hereby covenanting to pay all such taxes when they become due. In the event any alterations, additions, improvements or repairs are to be performed by contractors or workmen other than Landlord’s contractors or workmen, any such contractors or workmen must first be approved, by Landlord (which approval shall not be unreasonably withheld).

Appears in 1 contract

Sources: Industrial Lease Agreement (Under Armour, Inc.)

ALTERATIONS AND IMPROVEMENTS. (A) No alterations, additions, or improvements to the Premises, except such as may be provided for in this Lease, Tenant absolutely shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with not make any alterations, additions or improvements to or in the Building outside the Premises. Furthermore, Tenant shall make no alterations or improvements (including additions) to or in the Premises without the prior written approval of Landlord, unless in each instance and for each such alteration or improvement, Landlord or a contractor approved by Landlord is hired to do such alterations or improvements. Such approval shall not be unreasonably withheld in the case of alterations or improvements to the interior of the Premises if such alterations or improvements are normal for the use described in Item 1(d) of this Lease, do not adversely affect utility of the Premises for future Tenants, do not alter the exterior of the Building, and are accompanied by insurance satisfactory to Landlord and by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Furthermore, such alterations or improvements absolutely shall not affect the mechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverage’s prescribed by Landlord, licensed, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall request in writing, Tenant will, prior to expiration or earlier termination of this Lease, remove any and all alterations, and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant’s furniture, movable trade fixtures and equipment not attached to the Building may be removed by Tenant willat the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations or improvements and/or to the extent Landlord on behalf of Tenant under an “Extra Work Agreement” makes such alterations or improvements, and as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or insurance premiums, then Tenant shall be responsible for reimbursing Landlord for such increases as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisespay. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Metastorm Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsAfter initially opening the Premises for business, additions, or improvements to the Premises, except such as may be provided for in this Lease, shall be made without first having obtaining the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the written approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, not make or improvements cause to be made to the Premises strictly or the Tenant Utility Facilities any addition, renovation, alteration, reconstruction or change (collectively, “Alterations”) which would result in compliance with any of the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either following: (i) remain on cost in excess of Ten Thousand Dollars ($10,000.00) in the aggregate, (ii) involve structural changes or additions, (iii) affect the exterior storefront, mechanical systems, fire sprinkler systems, exterior walls, floors, ceilings or roof of the Premises, are visible from outside of the storefront or change the design or the design elements of the Premises as originally approved by Landlord as part of Tenant’s Work, (iv) involve the property erection of a mezzanine or an increase in the size of an existing mezzanine, (v) require or result in any penetration of the Landlord without compensation to Tenant; roof, demising walls or floor of the Premises or (iivi) be removed and trigger any legal requirement upon Landlord to make any Alteration to the Premises restored to their original condition at Tenant’s costShopping Center. It In the event governmental approval, such as a building permit, is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterationsAlterations, additions or improvements then such Alterations shall be constructed in accordance with the provisions of Exhibit C. In such event, Tenant shall undertake the Design Approval Procedure specified in Part 3 of Exhibit C, provided, however, the initial date for delivery of the Preliminary Drawings shall not be fifteen (15) days from the Lease Date, but shall instead be fifteen (15) days prior to the Premises, and date Tenant will, if required by Landlord, furnish a lien waiver for a bond desires to commence the Alterations in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisesquestion. (Cb) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten Within ninety (1090) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderCommencement Date, Landlord shall have the right to pay such lien and Tenant shall reimburse submit to Landlord for such sumevidence of the book value of Tenant’s leasehold improvements, plus an administrative fee excluding items removable by Tenant at the expiration of fifteen percent the Term pursuant to this Section 21.8 (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the extent said leasehold improvements or were paid for the erectionby Tenant, installation, alteration, or repair as evidenced by invoices and proofs of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantpayment). (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Retail Lease (Yoshiharu Global Co.)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsalteration, additionsaddition, improvement or improvements installation (hereinafter collectively "Alterations" or individually referred to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements an "Alteration") to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedpermitted to be made by Tenant, except as provided in Section 12(b) below, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. As a condition of giving any consent under this Section 12, Landlord may require, among other things, that Tenant (a) deliver to Landlord and obtain Landlord's approval of final plans and specifications for the Alterations, (b) obtain Landlord's approval of all contractors and subcontractors performing Alterations, (c) obtain all permits, approvals and certificates required by governmental or quasi-governmental bodies, and upon completion, certificates of final approval and shall bond against deliver promptly duplicates of all such governmental permits, approvals and certificates to Landlord, (d) carry and cause all contractors and subcontractors to carry, worker's compensation, general liability, personal and property damage insurance, and (e) if notice is given by Landlord to Tenant concurrently with the delivery of Landlord's approval of any Alteration that Landlord will require the removal of an Alteration at the expiration or discharge earlier termination of the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderterm, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sumrequire Tenant, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, at its sole cost and charges above referred expense, to remove any "Non-Standard" (hereinafter defined) Alteration, at the expiration or earlier termination of the Term. For purposes of this Section 12(a), a "Non-Standard" Alteration shall be considered as rent due and any Alteration (y) that shall be included in any lien for rent. (D) Tenant shall not have any authority Landlord's reasonable opinion require demolition costs on a per square foot basis materially greater than the costs on a per square foot basis to create any liens for labor or material on demolish the Landlord’s interest tenant improvements initially installed in the Premises and approved by Landlord and (z) that is of a nature not generally found in comparable office space at the time of the request for approval. Notwithstanding the foregoing provisions of this Section 12(a), Tenant shall have no right without Landlord's prior written consent, to make any Alterations which would (i) adversely affect the load bearing structural components and structural soundness of the Building, (ii) adversely affect the central environmental systems (excluding ventilation ducts, diffusers and returns), (iii) adversely affect the electrical, plumbing or other utility systems of the Building or (iv) adversely affect the roofing systems, window glass, window gaskets or glazing. Tenant shall have the right, without Landlord's consent, to install a supplemental air-conditioning system (the "Supplemental Air-Conditioning System") and a UPS power backup system (the "UPS System"), to service Tenant's use of and operations at the Premises. If such installation requires penetrating the roof, then Tenant shall remain responsible for repairs of such roof penetration. Such installations and the future maintenance thereof by Tenant shall be at Tenant's sole cost and expense and shall comply with all persons contracting applicable governmental laws, rules and regulations respecting same. Said systems shall be hooked up to the Building's electrical system, however, separately metered and paid by Tenant directly to the utility company by separate billing from said utility company. The Supplemental Air-Conditioning System shall be a 2.5 ton split system. Landlord will advise as to location of such air-conditioning equipment which shall either be on the roof of the Building on the exterior of the Building located within ten (10) feet of the building facade abutting the Premises. The parties agree that the Tenant Improvement Allowance applicable to the Tenant Build-Out shall be as set forth in the Work Letter. (b) Notwithstanding the foregoing, Tenant may, without Landlord's consent, make Alterations that are non-structural in nature and do not adversely affect the Building mechanical, plumbing or electrical systems; provided (i) Tenant shall give Landlord fifteen (15) days advance notice of such Alterations which notice shall include a description of such Alterations; (ii) all such Alterations shall be installed or constructed in accordance with all laws; (iii) Tenant shall obtain all necessary permits required by governmental or quasi-governmental bodies; (iv) all contractors shall be approved by Landlord, such approval not to be unreasonably withheld or delayed; (v) Tenant shall deliver to Landlord upon completion thereof as-built plans therefor; (vi) if the Alteration is a Non-Standard Alteration and if notice is given by Landlord to Tenant within said fifteen (15) day period that Landlord requires the removal of such Non-Standard Alteration at the expiration or earlier termination of the Term, then Tenant shall, at its sole costs and expense, remove any Non-Standard Alteration at the expiration or earlier termination of the Term; and (vii) Tenant shall carry and cause its contractors to carry worker's compensation, general liability, personal and property damage insurance. (c) Notwithstanding any provision in this Section 12 or otherwise in this Lease to the contrary, Tenant shall not make any Alteration that shall affect the facade or exterior face of the Building or otherwise affect the appearance of the Building from the exterior of the Building in any respect. Landlord reserves the right to unreasonably withhold its consent to any such Alteration in Landlord's sole and absolute discretion. (d) Except as set forth in Section 11 (b) above, all Alterations which may be made to the Premises, shall become the property of Landlord and remain and be surrendered with the Premises. Tenant for agrees to repair any damage to the destruction Premises caused by or in connection with the removal of any facilities articles of personal property, business or to trade fixtures, including without limitation thereto, repairing the improvements or for floor and patching and painting the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenantwalls where damaged. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Omega Research Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterations, additionsalteration in, or improvements to addition to, the Premises, except such as may be provided for in this Lease, shall Premises will be made without first having the obtaining Landlord’s prior written consent, in writingwhich Landlord may grant or withhold for any reason or for no reason, and any such work consented to, although paid for by Tenant, will be done by Landlord with Landlord reserving the right to charge Tenant a fee equal to five percent (5%) of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval cost of the planswork for supervision of such alterations or additions, specifications unless the alterations are not structural or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterationsmechanical in nature and are under $10,000 in cost. (b) All erections, additions, fixtures and improvements, whether temporary or improvements to permanent in character (except only the trade fixtures, Tenant’s equipment used in the manufacturing and shipment of its products and movable office furniture of Tenant) made in or upon the Premises, shall be and remain Landlord’s property and shall remain upon the Premises strictly in compliance with the ADA and applicable code. (B) At at the expiration or sooner earlier termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without with no compensation to Tenant; or (ii) be removed and . Landlord reserves the Premises restored right to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving such improvements or additions at the Premises, and any other improvements of installations by Tenant that termination hereof or within fifteen (15) days thereafter. Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallmay, at its costelection, repair any damage to the Premises caused by or in connection with the removal of any articles of personal property, business or trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”fixtures, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premisesand installations, and Tenant will, if required by Landlord, furnish a lien waiver all costs for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisessuch repairs shall be at Tenant’s expense. (Cc) Tenant agrees After completion of plans for any alteration or addition to the Premises contemplated by Tenant, including without limitation the plans for the initial alterations and additions to prepare the Premises for Tenant’s occupancy, Landlord will detail any items that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails required to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished remove at the request or instruction expiration of Tenantthe Lease. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (BioHorizons, Inc.)

ALTERATIONS AND IMPROVEMENTS. (A) No 10.1 Without the prior written consent of Lessor which shall not be unreasonably withheld, conditioned or delayed, Lessee shall not make alterations, additions, additions or improvements in or to the Premises or install and attach fixtures in and to the Premises, except such as may be provided for in this Leasethat Lessee, without the prior written consent of Lessor, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject entitled to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with any make interior alterations, additions or improvements to the PremisesPremises not affecting the structure of the Building so long as Lessee (i) delivers to Lessor prior written notice of and a description of such minor interior alterations, additions or improvements, (ii) updates, at Lessee's sole cost and expense, Lessor's as-built plans and specifications of the Premises to reflect such alteration, addition or improvement which costs and expenses shall be at commercially reasonable rates, and Tenant will(iii) restores the Premises on or before the expiration or earlier termination of the Lease Term to the condition they were prior to such alteration, addition or improvement, unless Lessor shall have agreed that such alterations, additions or improvements need not be removed. As a condition to Lessor's consent to alterations, additions or improvements, with respect to which Lessee is required to obtain Lessor's consent, Lessor may elect that any or all installations made or installed by or on behalf of Lessee be removed at the end of the Lease Term, and, if required Lessor so elects, it shall be Lessee's obligation to restore the Premises to the condition they were prior to the alterations, additions, or improvements on or before the expiration or other termination of this Lease. Such removal and restoration shall be at the sole expense of Lessee. All alterations, additions, or improvements made, installed in, or attached to the Premises by LandlordLessee, furnish upon the consent specified above, shall be made at Lessee's expense in a lien waiver for a bond good and workmanlike manner, strictly in form accordance with plans and with surety specifications approved by Lessor, all applicable laws, ordinances, regulations, and other requirements of any appropriate governmental authority, and any applicable covenants or other restrictions. Prior to the commencement of any such work, Lessee shall deliver to Lessor certificates issued by insurance companies licensed and registered to operate in the State of Georgia evidencing that workers' compensation insurance and public liability insurance, all in amounts satisfactory to LandlordLessor, as Landlord may require before starting any work on are in force and effect and maintained by all contractors and subcontractors engaged by Lessee to perform the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premiseswork. (C) Tenant agrees that Tenant will pay 10.2 During the Lease Term, Lessee shall keep the Premises free from all liens, rights to liens, or claims of liens of contractors, subcontractors, mechanics, laborers, materialmen, or materialmen for work done or materials furnished to the Property at the request of Lessee. Whenever and other items of like character, and will indemnify Landlord so often as any such lien shall attach or claims therefor shall be filed against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises Property or any part thereof from any lienas a result of work done or materials furnished to the Property at the request of Lessee, judgmentsLessee shall, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten fifteen (1015) days after Lessee has notice of the same has been made claim for lien, cause it to be discharged of record, which discharge may be accomplished by deposit or filedbonding proceedings. In If Lessee shall fail to cause the event Tenant fails lien to have such be discharged within the fifteen-day period, then, in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of the lien removed as required hereunder, Landlord shall have the right to pay such lien by deposit or bonding proceedings. Any amount so paid by Lessor and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood all costs and agreed between the parties hereto that the expenses, cost and charges above referred to including, without limitation, attorneys' fees, incurred by Lessor in connection therewith shall be considered as constitute additional rent due payable by Lessee under this Lease and shall be included paid by Lessee in any lien for rent. (D) Tenant full on demand of Lessor together with interest thereon from the date it was paid by Lessor. Lessee shall not have any the authority to create subject the interest or estate of Lessor to any liens, rights to liens, or claims of liens for labor services, materials, supplies, or material on the Landlord’s interest in the Premises equipment furnished to Lessee, and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers Lessee are hereby charged with notice that they must look to Lessee and to Lessee's interest only to secure payment. 10.3 All alterations, additions, or improvements, including, but not limited to, fixtures, partitions, counters, and window and floor coverings, which may be made or installed by either of the Tenant parties hereto upon the Premises, irrespective of the manner of annexation, and irrespective of which party may have paid the Tenant’s interests cost thereof, excepting only movable office furniture, shop equipment and other trade fixtures and property of Lessee that may be removed from the Premises without material alteration put in at the expense of Lessee, shall be the property of Lessor, and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or other termination of this Lease, without disturbance, molestation, or injury. Further, notwithstanding anything contained herein to the contrary, Lessor shall be under no obligation to insure the alterations, additions, or improvements or anything in the Premises to secure nature of a leasehold improvement made or installed by or on behalf of Lessee, or any of the payment of Lessee's licensees, agents, invitees, customers, servants, employees, contractors or subcontractors (herein collectively called "Lessee Parties"), or any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”other person, all installations and such improvements now or hereafter placed shall be on the Premises other than at the risk of Lessee only. 10.4 In the event Lessor makes any capital investment, major structural repairs or improvements in or to the Premises or Building Standard Improvements (of which Lessor shall deliver prior notice to Lessee) which are required due to any negligence by Lessee or any of the Lessee Parties or any breach by Lessee of its obligations hereunder, any and all cost and expenses incurred by Lessor in making the capital investment, major structural repairs, or improvements shall constitute additional rent payable by Lessee under this Lease and shall be for Tenant’s account paid to Lessee in full on demand of Lessor, together with interest thereon from the date of the demand. The foregoing notwithstanding, if such capital investment relates to a condition, the repair of which is Lessee's responsibility hereunder, Lessor shall not make such repair unless Lessor has given Lessee notice of such repair and at Tenant’s cost Lessee has failed to diligently and in good faith to pursue such repair or fails to complete such repair within thirty (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent30) days of notice from Lessor.

Appears in 1 contract

Sources: Lease (Melita International Corp)

ALTERATIONS AND IMPROVEMENTS. (A) No alterationsA. Except as otherwise provided below, additionsTenant, or improvements to following the Premises, except such as may be provided for in full and final execution and delivery of this Lease, shall be made without first having have the consentright to perform alterations and improvements in the Premises (the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in writing, the Premises unless and until Tenant has complied with all of the Landlordterms and conditions of Article IX.B. of this Lease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations (the “Plans”) and the contractors to be retained by Tenant to perform such Initial Alterations. The design of all work and installments undertaken by Tenant shall be subject to responsible for all elements of the design of the Plans (including, without limitation, compliance with law, functionality of design the structural integrity of the design, the configuration of the premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of the Plans shall in no event relieve Tenant of the responsibility for such design. If requested by Tenant, Landlord’s architect will prepare the Plans necessary for such construction at Tenant’s cost. Whether or not the layout and Plans are prepared with the help (in whole or in part) of Landlord’s architect, Tenant agrees to remain solely responsible for the preparation and no work shall commence until submission of the Plans and for all elements of the design of such approval is obtainedPlans and for all costs related thereto. Landlord’s approval of the planscontractors to perform the Initial Alterations shall not be unreasonably withheld, specifications conditioned or working drawings for Tenantdelayed. The parties agree that Landlord’s alterations approval of the general contractor to perform the Initial Alterations shall create no responsibility or liability on the part of Landlord for their completenessnot be considered to be unreasonably withheld if any such general contractor (i) does not have trade references reasonably acceptable to Landlord, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements (ii) does not maintain insurance as required pursuant to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination terms of this Lease, (iii) does not have the ability to be bonded for the work in an amount of no less than one hundred fifty percent (150%) of the Allowance, as hereinafter defined, (iv) does not provide current financial statements reasonably acceptable to Landlord, or (v) is not licensed as a contractor in the state of Georgia. Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a general contractor. Notwithstanding the foregoing, prior to performing any improvementsInitial Alterations in Premises A-1, additionsTenant shall provide Landlord the written consent of Sublandlord, as defined in Article III.A. of this Lease, for Tenant to make the Initial Alterations in Premises A-1 prior to the Premises A-1 Commencement Date Tenant shall perform all work in Premises A-1 in strict compliance with the terms and conditions of this Lease and Tenant shall do nothing to interfere with Sublandlord’s right of quiet enjoyment to its premises. If Tenant fails to obtain Sublandlord’s written consent to the Initial Alterations, Tenant shall not be permitted to make any improvements or alterations to Premises A-1 until the Premises A-1 Commencement Date. B. Provided Tenant is not in default, Landlord agrees to contribute the sum of Eight Hundred One Thousand, Three Hundred Eighty Dollars ($801,380.00) (i.e., Ten Dollars ($10.00) per rentable square foot of the Premises) (the “Allowance”) toward the cost of performing the Initial Alterations to the Premises. The Allowance may only be used for the cost of preparing design and fixtures construction documents and mechanical and electrical plans for the Initial Alterations and for hard costs in connection with the Initial Alterations. The Allowance shall be paid to the order of the general contractor that performed the Initial Alterations, within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in the Initial Alterations; (2) a sworn contractor’s affidavit from the general contractor and a request to disburse from Tenant containing an approval by Tenant of the work done; (3) full and final waivers of lien from the general contractor and all subcontractors; (4) as-built plans of the Initial Alterations; (5) the certification of Tenant and its architect that the Initial Alterations have been installed in a good and workmanlike manner in accordance with the approved Plans, and in accordance with applicable laws, codes and ordinances; and (6) receipt by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed Landlord of the Notice of Commencement as required by O.C.G.A. § 44-14-361.5. The Allowance shall be disbursed in writing, either (i) remain the amount reflected on the Premises as receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Allowance during the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. Landlord shall be entitled to deduct from the Allowance a construction management fee for Landlord’s oversight of the Initial Alterations in an amount equal to four and one-half percent (4½ %) of the total Allowance. C. In no event shall the Allowance be used for the purchase of equipment, furniture or other items of personal property of Tenant. In the Landlord without compensation event Tenant does not use the entire Allowance by March 31, 2000, any unused amount shall accrue to Tenant; the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or (ii) other concession in connection therewith. Tenant shall be removed and responsible for all applicable state sales or use taxes, if any, payable in connection with the Initial Alterations and/or Allowance. D. Tenant agrees to accept the Premises restored to their original in its “as-is” condition at Tenant’s cost. It is specifically understood and configuration, it being agreed that Landlord may require Tenant shall not be required to remove perform any low voltage wiring serving work or, except as provided above with respect to the PremisesAllowance, and incur any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens costs in connection with the construction or demolition of any alterations, additions or improvements to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. E. After the Allowance has been expended by Landlord, the principal amount of the Allowance, together with interest thereon calculated at the simple interest rate of thirteen percent (C13%) Tenant agrees that Tenant will pay all liens per annum, shall be amortized evenly over the Term of contractors, subcontractors, mechanics, laborers, materialmenthe Lease, and other items of like characterso long as Tenant does not default in its monetary obligations under the Lease, and will indemnify Landlord against all expensesfail to cure such default within the applicable period of cure, costs and chargesif any, including bond premiums for release provided under the Lease, then the principal balance of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien Allowance shall be made or filedreduced each month by the amount amortized each month, and upon Landlord’s receipt of the final payment of Base Rental due during the Term of the Lease, Tenant shall bond against have no liability to Landlord for the repayment of any portion of the Allowance or discharge the same within ten (10) days after interest that accrued and was amortized over the same has been made or filedTerm of the Lease. In the event that Tenant fails to have such lien removed as required hereundershall default in any of its monetary obligations under the Lease, Landlord shall have the right to pay such lien and Tenant shall reimburse fail to cure such default within the applicable cure period, if any, specified in the Lease then in addition to all of Landlord’s other remedies available under the Lease, Tenant shall also be liable to Landlord for such sumthe entire unreduced principal balance of the Allowance remaining as of the date of default, plus an administrative fee and interest shall accrue thereon at the rate of fifteen thirteen percent (1513%) upon demandsimple interest per annum until such sum is paid in full. It is understood Provided, however, that if Landlord elects to exercise its rights under the Lease to accelerate the entire amount of all Rent, as defined in Section I.A.1. and agreed between the parties hereto that the expenses, cost and other charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the from Tenant for the destruction balance of the Term of the Lease, and Landlord obtains a judgment for, or removal is paid by Tenant, the entire amount of such accelerated sum, then such judgment for or payment of such accelerated sum shall preclude a separate recovery by Landlord under the foregoing terms of this paragraph of the unreduced balance of the Allowance and any facilities interest thereon. In addition, if Landlord obtains a judgment for or is paid the entire unreduced balance of the Allowance, then Tenant shall be entitled to a credit (equal to the entire unreduced balance of the Allowance) against all Rent accruing during the balance of the Lease Term. F. This Exhibit shall not be deemed applicable to any additional space added to the original Premises at any time or from time to time, whether by any options under the Lease or otherwise, or to any portion of the improvements original Premises or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only additions to the Tenant and the Tenant’s interests Premises in the Premises event of a renewal or extension of the original Term of this Lease, whether by any options under the Lease or otherwise, unless expressly so provided in the Lease or any amendment or supplement to secure the payment Lease. Landlord and Tenant have executed this exhibit as of any the day and year first above written. By: EOP Operating Limited Partnership, a Delaware limited partnership, its sole member By: Equity Office Properties Trust, a Maryland real estate investment trust, its managing general partner By: /s/ ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: V.P. LEASING By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇ Title: EVP

Appears in 1 contract

Sources: Sublease Agreement (Homebanc Corp)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterations, additions, or improvements In addition to the Premises, except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work Alterations required by Paragraphs 12 and installments undertaken by 17 Tenant shall be subject have the right, without having to obtain the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part prior written consent of Landlord for their completenessand Lender, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or improvements to the Premises strictly in compliance with the ADA and applicable code. (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on make any Alterations to the Premises as the property Structures for a cost of the Landlord without compensation to Tenant; not more than [INTENTIONALLY OMITTED] in any one instance, or (ii) be removed and install Building Systems Equipment in the Premises restored Structures or accessions to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase Building Systems Equipment the cost of remodeling which as to such Building Systems Equipment or series of related Building Systems Equipment, does not exceed [INTENTIONALLY OMITTED] . The consent of Landlord and Lender shall be required (A) if a Monetary Event of Default exists, or (B) if the Premises for use Alterations (or a series of related Alterations) exceeds [INTENTIONALLY OMITTED] , or (C) if Tenant desires to remove and not upgrade or replace during the Term any Tenant Improvements which had an initial cost in the aggregate in excess of [INTENTIONALLY OMITTED] , or (D) if Tenant desires to construct upon the Land any additional Improvements, provided that, with respect to (C) and (D) above, such consent shall not be unreasonably withheld or delayed. In any event, the consent of Landlord and Lender will not be withheld on the basis of the type of Alterations (i.e., laboratory or office space) to be constructed. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or Paragraph 36 or as required by future tenants. Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work"), whether or not Landlord's consent is required, then (i) all such Work shall be performed by Tenant shallin a good and workmanlike manner; (ii) all such Work shall be expeditiously completed in compliance with all Legal Requirements; (iii) all such Work shall comply with the Insurance Requirements; (iv) if any such Work involves the replacement of Building Systems Equipment because of additions or changes to the Structures (as opposed to repairs or replacements of Building Systems Equipment as part of an on-going maintenance program), at all replacements of Building Systems Equipment shall have a value and useful life equal to the greater of (A) the value and useful life on the date hereof of the Building Systems Equipment being replaced, or (B) the value and useful life on the Occupancy Date of the Building Systems Equipment being replaced, or (C) the value and useful life of the Building Systems Equipment being replaced immediately prior to the occurrence of the event which required its cost, repair replacement; (v) if any damage caused by such Work involves the removal replacement of trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s Building Systems Equipment or other liens parts thereto in connection with any alterationsan on-going maintenance program, additions reconditioned equipment and parts may be used and upon completion the Building Systems Equipment need not have a value and useful life greater than the value and useful life of the Building Systems Equipment or improvements parts being replaced immediately prior to the Premises, and Tenant will, if required by Landlord, furnish a lien waiver for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in occurrence of the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.requires its replacement;

Appears in 1 contract

Sources: Sublease Agreement (Amylin Pharmaceuticals Inc)

ALTERATIONS AND IMPROVEMENTS. (Aa) No alterationsSubject to the terms of the following sentence, additionsno alteration in, or improvements to addition to, the Premises, except such as may be provided for in this Lease, shall Premises will be made without first having the obtaining Landlord's prior written consent, in writingwhich Landlord may grant or withhold for any reason or for no reason, and any such work consented to, although paid for by Tenant, will be done by Landlord with Landlord reserving the right to charge Tenant a fee equal to ten percent (10%) of the Landlordcost of the work for supervision of such alterations or additions. The design With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building's systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities, Landlord's consent shall not be unreasonably withheld. Notwithstanding the foregoing provisions of this paragraph, Landlord's consent shall not be required for alterations, additions or improvements of a non-structural nature in an amount less than $25,000.00 provided Tenant gives Landlord advance notice of the work and installments undertaken coordinates scheduling with Landlord, uses contractors approved by Landlord, provides Landlord a description of the Work and requires the contractors to abide by Landlord's rules for construction. (b) If Tenant's actions, omissions or occupancy of the Premises shall cause the rate of fire or other insurance either on the Building or the Premises to be increased, Tenant shall be subject to pay, as additional rent, the approval amount of any such increase promptly upon request by Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations. (c) All erections, additions, fixtures and improvements, whether temporary or improvements to permanent in character (except only the trade fixtures and movable office furniture of Tenant) made in or upon the Premises, shall be and remain Landlord's property and shall remain upon the Premises strictly in compliance with the ADA and applicable code. (B) At at the expiration or sooner earlier termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without with no compensation to Tenant; or (ii) be removed and . Landlord reserves the Premises restored right to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving such improvements or additions at the Premises, and any other improvements of installations by Tenant that termination hereof or within fifteen (15) days thereafter. Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shallmay, at its costelection, repair any damage to the Premises caused by or in connection with the removal of any articles of personal property, business or trade fixtures and other required items. Tenant shall save Landlord harmless on account of claims for mechanics”fixtures, materialmen’s or other liens in connection with any alterations, additions or improvements to the Premisesand installations, and Tenant will, if required by Landlord, furnish a lien waiver all costs for a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any work on the Premises. Further, Tenant agrees to hold Landlord harmless from liability in the event Tenant fails to comply with the requirements of the ADA in performing any work in the Premisessuch repairs shall be at Tenant's expense. (Cd) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging not install a wireless fidelity network ("WIFI Network") within the Premises or any part thereof from any lienwithout first obtaining Landlord's prior written consent, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filed, which Landlord will not unreasonably withhold provided Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus executes an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or amendment to the improvements or for Lease regulating the erection, installation, alteration, or repair installation and use of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of TenantWIFI Network. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Compbenefits Corp)

ALTERATIONS AND IMPROVEMENTS. A. Tenant acknowledges that Landlord owns the Premises. Tenant accepts the Premises from Landlord in its "as is" condition, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (Ai) No alterations, additions, the physical condition of the Premises; (ii) the Premises suitability for Tenant's proposed use; or improvements to (iii) the presence of any Hazardous Substance in or about the Property or the Premises, except such as may be provided for otherwise expressly set forth in this Lease. ▇▇▇▇▇▇▇▇ has encouraged Tenant to make its own physical inspection of all aspects of the Property and the Premises and to conduct its own investigation as to the suitability of the Property and the Premises for Tenant's use. B. Upon the execution of this Lease, Landlord approves and requires the improvements to the Premises listed on Exhibit “B” that shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken completed by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or the improvements to within the Premises strictly timeframe as stated in compliance with the ADA and applicable code. Exhibit “B” (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant▇▇▇▇▇▇’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required itemswork). Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with not make any alterations, additions or improvements to the Premises (i) costing in excess of $5,000 for any single instance or $15,000 in the aggregate for any twelve (12) consecutive months or (ii) affecting the Building structure or utility systems, or attach any fixture or item of equipment thereto without Landlord's prior written consent except for the improvements listed in Exhibit “B”. All such alterations, additions, or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $5,000 for any single instance, or if such ▇▇▇▇▇▇'s work involves the Building structure or utility systems, any contractor or person selected by Tenant must be a licensed contractor. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that ▇▇▇▇▇▇'s work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not perform any of Tenant's work until ▇▇▇▇▇▇ has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq., to the extent such requirements are applicable to Tenant's work. C. Tenant acknowledges that a jet fuel line runs under the property, and any Tenant digging or excavation of any kind on the property must be approved in advance by Landlord and Parks Superintendent. D. Except as otherwise expressly provided in this Lease, Tenant shall not repair, replace or modify any utility system located within the Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, structural element of the Building(s), facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be interpreted to make any other person or entity a third party beneficiary thereof. E. This Lease specifically prohibits Tenant, or any other party, from expanding uses or structures allowed on the Premises beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises, are all subject to the prior written approval of the Landlord (with the exception of Exhibit “B”) and all improvements (including Exhibit “B” Improvements) are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies. F. If Tenant willproposes to make or construct any alterations, if improvements, additions or fixtures (other than Exhibit “B” Improvements) that affect any portion of the Premises or any structures located on the Premises that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. G. Except for Exhibit “B” Improvements, Tenant shall not substantially deface or change any floors, walls, ceilings, roofs, or partition any of the structures or improvements on the Premises without first providing thirty (30) days written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, furnish Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000, including any applicable Exhibit “B” Improvements. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant in, at, upon or about the Premises and which may be secured by any mechanic's, material men’s or other lien waiver for a bond against the Premises or Landlord's interest therein. All alterations, improvements or additions that are now or in form the future attached permanently to the Premises shall be the Property of Landlord and shall remain with surety satisfactory the Property at the termination of this Lease, except that Landlord can elect within thirty (30) days of the termination of the Lease to Landlordrequire Tenant, as Landlord may require before starting at its cost, to remove any work on equipment that Tenant has affixed to the Premises. H. 1. Further, Tenant agrees that to hold Landlord harmless from liability in the event Tenant fails extent it is required to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedprevailing wage requirements, Tenant shall bond against or discharge assure that all workers are paid the same within ten prevailing rate of per diem wages, and travel and subsistence payments (10) days after defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the same has been made or filed. In the event Tenant fails to have such lien removed as required hereunderCalifornia Labor Code), Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord for such sum, plus an administrative fee of fifteen percent (15%) upon demand. It is understood and agreed between the parties hereto that the expenses, cost and charges above referred to shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority to create any liens for labor or material effect on the date of Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal 's first approval of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities a building permit or other improvements approval of the work. Copies of the applicable prevailing rate of per diem wages are on or about the Premises, file at Landlord's principal office and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only will be made available to the Tenant and the Tenant’s interests in the Premises to secure the payment of any interested party on request. ▇▇▇▇▇▇ for work done or material finished agrees to post a copy of the prevailing rate of per diem wages at the request Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars ($25) for each calendar day, or instruction portion thereof (or such other sum as specified from time to time by Section 1775 of the California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which such worker is employed. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. A. Tenant acknowledges that Landlord owns the Premises. Tenant accepts the Premises from Landlord in its "as is" condition, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (Ai) No alterations, additions, the physical condition of the Premises; (ii) the Premises suitability for Tenant's proposed use; or improvements to (iii) the presence of any Hazardous Substance in or about the Property or the Premises, except such as may be provided for otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and the Premises and to conduct its own investigation as to the suitability of the Property and the Premises for Tenant's use. B. Upon the execution of this Lease, Landlord approves and requires the improvements to the Premises listed on Exhibit “B” that shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken completed by Tenant shall be subject to the approval of Landlord, and no work shall commence until such approval is obtained. Landlord’s approval of the plans, specifications or working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental laws, rules or regulations. Tenant shall complete alterations, additions, or the improvements to within the Premises strictly timeframe as stated in compliance with the ADA and applicable code. Exhibit “B” (B) At the expiration or sooner termination of this Lease, any improvements, additions, alterations and fixtures installed by Tenant, other than Tenant’s trade fixtures, unless otherwise agreed in writing, either (i) remain on the Premises as the property of the Landlord without compensation to Tenant; or (ii) be removed and the Premises restored to their original condition at Tenant’s cost. It is specifically understood and agreed that Landlord may require Tenant to remove any low voltage wiring serving the Premises, and any other improvements of installations by Tenant that Landlord deems to increase the cost of remodeling the Premises for use by future tenants. Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures and other required itemsWork). Tenant shall save Landlord harmless on account of claims for mechanics”, materialmen’s or other liens in connection with not make any alterations, additions or improvements to the Premises (i) costing in excess of $5,000 for any single instance or $15,000 in the aggregate for any twelve (12) consecutive months or (ii) affecting the Building structure or utility systems, or attach any fixture or item of equipment thereto without Landlord's prior written consent except for the improvements listed in Exhibit “B”. All such alterations, additions, or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $5,000 for any single instance, or if such Tenant's Work involves the Building structure or utility systems, any contractor or person selected by Tenant must be a licensed contractor. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's Work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not perform any of Tenant's Work until Tenant has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq., to the extent such requirements are applicable to Tenant's work. C. Tenant acknowledges that a jet fuel line runs under the property, and any Tenant digging or excavation of any kind on the property must be approved in advance by Landlord and Parks Superintendent. D. Except as otherwise expressly provided in this Lease, Tenant shall not repair, replace or modify any utility system located within the Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, structural element of the Building(s), facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be interpreted to make any other person or entity a third party beneficiary thereof. E. This Lease specifically prohibits Tenant, or any other party, from expanding uses or structures allowed on the Premises beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises, are all subject to the prior written approval of the Landlord (with the exception of Exhibit “B”) and all improvements (including Exhibit “B” Improvements) are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies. F. If Tenant willproposes to make or construct any alterations, if improvements, additions or fixtures (other than Exhibit “B” Improvements) that affect any portion of the Premises or any structures located on the Premises that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. G. Except for Exhibit “B” Improvements, Tenant shall not substantially deface or change any floors, walls, ceilings, roofs, or partition any of the structures or improvements on the Premises without first providing thirty (30) days written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, furnish Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000, including any applicable Exhibit “B” Improvements. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant in, at, upon or about the Premises and which may be secured by any mechanic's, material men’s or other lien waiver for a bond against the Premises or Landlord's interest therein. All alterations, improvements or additions that are now or in form the future attached permanently to the Premises shall be the Property of Landlord and shall remain with surety satisfactory the Property at the termination of this Lease, except that Landlord can elect within thirty (30) days of the termination of the Lease to Landlordrequire Tenant, as Landlord may require before starting at its cost, to remove any work on equipment that Tenant has affixed to the Premises. H. 1. Further, Tenant agrees that to hold Landlord harmless from liability in the event Tenant fails extent it is required to comply with the requirements of the ADA in performing any work in the Premises. (C) Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney’s fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any lien, judgments, or encumbrances caused or suffered by Tenant, in the event any such lien shall be made or filedprevailing wage requirements, Tenant shall bond against assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or discharge other approval of the same within ten work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. Tenant agrees to post a copy of the prevailing rate of per diem wages at the Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars (10$25) days after for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the same has been made or filed. In California Labor Code), for each worker paid less than the event Tenant fails to have such lien removed as required hereunder, Landlord shall have the right to pay such lien and Tenant shall reimburse Landlord applicable prevailing rates for such sum, plus an administrative fee of fifteen percent (15%) upon demandwork or craft in which such worker is employed. It is understood The difference between such prevailing wage rates and agreed between the parties hereto that amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the expenses, cost and charges above referred to prevailing wage rate shall be considered as rent due and shall be included in any lien for rent. (D) Tenant shall not have any authority paid to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the destruction or removal of any facilities or to the improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all material men, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for work done or material finished at the request or instruction of each worker by Tenant. (E) Except as otherwise provided in this Lease as shown on the Floorplan attached hereto as Exhibit “A”, all installations and improvements now or hereafter placed on the Premises other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement