ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal. (b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien. (c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof. (d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Embassy Bancorp, Inc.), Commercial Lease Agreement (Embassy Bancorp, Inc.)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Tenant may undertake Nonstructural Alterations to the Property without the Landlord’s written consent, unless the costs of such Nonstructural Alterations exceeds $400,000 on a per project basis (excluding equipment, personal property, furniture, trade fixtures and other moveable property not attached to the Property), in which case the consent of Landlord shall be required and such consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Tenant shall notify Landlord in advance of undertaking any Nonstructural Alterations in excess of $50,000. During the Lease Term, Tenant may undertake Structural Alterations to the Property without the Landlord’s written consent, unless the costs of such Structural Alterations exceeds $50,000 on a per project basis (excluding equipment, personal property, furniture, trade fixtures and other moveable property not attached to the Property) in which case the consent of Landlord shall be required and such consent shall not be unreasonably withheld, conditioned or delayed. Any Alterations hereunder shall be made at Tenant’s sole expense. If Landlord’s consent is required under this Lease and Landlord consents to the making of any such Alterations, the same shall be made by Tenant at Tenant’s sole expense by a licensed contractor and according to plans and specifications approved by Landlord and subject to such other conditions as Landlord shall reasonably require Any work at any time commenced by Tenant on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any Alteration project costing $50,000 or more, Tenant shall promptly provide Landlord with evidence of full payment to all laborers and materialmen contributing to the Alterations. Additionally, upon completion of any Nonstructural Alteration project costing $400,000 or more or any Structural Alteration project costing $50,000 or more, Tenant shall promptly provide Landlord with (a) Lessee shall not make or cause copies of the as-built plans and specifications therefor, (b) an architect’s certificate certifying the Alterations to be made any alterations, additions or improvements to have been completed in conformity with the Improved Leased Premises without plans and specifications (if the prior written consent Alterations are of Lessorsuch a nature as would require the issuance of such a certificate from the architect); and (c) a certificate of occupancy (if the Alterations are of such a nature as would require the issuance of a certificate of occupancy). All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor Provided that Tenant shall have the rightright to contest any claim of lien (so long as Tenant furnishes such bonds and security as may be necessary to prevent any foreclosure proceeding against the Property and to permit Landlord’s or its mortgagee’s title insurance companies to insure over such lien(s), however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove during the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice pendency of the fact that Lessee contest), Tenant shall never, under keep the Property free from any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, liens arising out of any work performed on, or materials furnished to, the exercise Property. Tenant shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the state of Minnesota, which provides that Landlord is not responsible for the payment of any costs or expenses relating to the additions or Alterations. Any addition to or Alteration of the rights set forth hereunder by LesseeProperty (excluding equipment, its agentspersonal property, employeesfurniture, contractors, subcontractorstrade fixtures and other moveable property of Tenant that is not attached to the Property) shall be deemed a part of the Property and belong to Landlord, and materialmen, being filed against Tenant shall execute and deliver to Landlord such instruments as Landlord may reasonably require to evidence the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect ownership by Landlord of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorAlteration.
Appears in 2 contracts
Sources: Lease Agreement (Nortech Systems Inc), Lease Agreement (Nortech Systems Inc)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing $250,000 or less without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing more than $250,000, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any related documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non‑Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same ownership by Lessor of such addition or alteration. Lessor and repair Lessee acknowledge and agree that their relationship is and shall be solely that of “Lessor-Lessee” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any damage to the Improved Leased Premises caused by such removal.
(b) All other persons to whom these presents may come are put upon notice now or hereafter contracting with Lessee, any contractor or subcontractor of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in other Lessee party for the Improved Leased Premises to furnishing of any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials materials, supplies or supplies in connection equipment with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or respect to any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any portion of the equipment thereof.
(d) In Properties at any time from the event of a lien or claim of any kind, arising out date hereof until the end of the exercise of the rights set forth hereunder by LesseeLease Term, its agentsare hereby charged with notice that they look exclusively to Lessee to obtain payment for same. 4849-3174-9992.2 STORE/Synalloy A&R Master Lease Agreement 7 Properties in OH, employeesPA, contractorsSC, subcontractors, TN and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of LessorTX File No. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.7210/02-475
Appears in 2 contracts
Sources: Master Lease Agreement (Synalloy Corp), Master Lease Agreement (Synalloy Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not Tenant may make or cause to be made any alterationsno alteration, repairs, additions or improvements in, to or about the Improved Leased Premises (collectively, "Tenant Alterations"), without the prior written consent of LessorLandlord, which shall not be unreasonably withheld, and Landlord may impose as a condition to such consent such requirements as Landlord, in its reasonable discretion, may deem necessary or desirable, including without limitation, (a) the right to approve the plans and specifications for any work, (b) the right to require insurance satisfactory to Landlord, (c) the right to require evidence of Tenant's ability to make full payment for any work, (d) requirements as to the manner in which or the time or times at which work may be performed and (e) the right to designate the contractor or contractors to perform Tenant Alterations which affect the fire sprinkler or life safety systems of the Hotel. All alterations, additions or improvements approved by Lessor Tenant Alterations shall be made solely at Lesseecompatible with a first class hotel/casino complex and completed in accordance with Landlord's expense by a contractor approved by Lessorrequirements and all applicable rules, regulations and requirements of governmental authorities and insurance carriers. Tenant shall pay to Landlord Landlord's reasonable charges (which shall be made in a good assessed by Landlord at its cost, without profit) for reviewing and workmanlike manner and shall be performed in inspecting all Tenant Alterations to assure full compliance with all of Landlord's requirements. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, ordinances ordinances, codes, rules or regulations. Further, Tenant shall indemnify, protect, defend and requirements hold Landlord harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any and defects in design, materials or workmanship resulting from Tenant Alterations. If requested by Landlord, Tenant shall provide Landlord with copies of all Federalcontracts, Statereceipts, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6paid vouchers, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies documentation in connection with the rights set forth hereunder construction of such Tenant Alterations. Tenant shall provide that no lien promptly pay all costs incurred in connection with all Tenant Alterations. Notwithstanding the foregoing provisions of this Article 9, Landlord's prior consent shall not be required with respect to any Tenant Alteration which (i) costs less than Twenty-Five Thousand Dollars ($25,000); (ii) does not materially affect the interior or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any exterior appearance of the equipment thereof.
Premises; and (diii) In the event of a lien does not affect fire sprinklers, life safety, plumbing, electrical or claim of any kind, arising out mechanical systems of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorHotel.
Appears in 2 contracts
Sources: Lease Agreement (Ark Restaurants Corp), Lease Agreement (Ark Restaurants Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Sublessee shall not make or cause suffer to be made any alterationsalterations to or on the Subleased Premises, additions or improvements to the Improved Leased Premises any part thereof, without the prior written consent of LessorMaster Lessor and Sublessor, which consent may be withheld in their sole and absolute discretion for any reason or no reason. All alterationsSublessor and Master Lessor hereby consent to Sublessee using Southbay Construction and its union sub-contractors for purposes of making initial alterations to the Subleased Premises and using Corovan for moving and storage of certain personal property; provided, additions or improvements approved by Lessor however, any such initial alterations shall be made solely at Lessee's expense by a contractor subject to the terms and provisions of this Section 15. Any approved by Lessor, alterations shall be made completed by Sublessee at Sublessee’s sole cost and expense: (a) with due diligence, in a good and workmanlike manner manner, using new materials; (b) in compliance with plans and specifications approved by Sublessor and Master Lessor; (c) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (d) in accordance with all applicable laws (including all work, whether structural or non-structural, inside or outside the Subleased Premises, required to comply fully with all applicable laws and necessitated by Sublessee’s work); and (e) subject to all conditions that Sublessor and Master Lessor may impose. Such conditions may include requirements for Sublessee to: (a) provide payment or performance bonds or additional insurance (from Sublessee or Sublessee’s contractors, subcontractors or design professionals); (b) use contractors or subcontractors designated by Sublessor; (c) remove all or part of the alterations prior to or upon expiration or termination of the Term, as designated by Sublessor or Master Lessor; and (d) have all work performed outside of normal business hours for the Building. If any work outside the Subleased Premises, or any work on or adjustment to any of the Building systems, is required in connection with or as a result of Sublessee’s work, such work shall be performed in compliance with all lawsat Sublessee’s expense by contractors designated by Sublessor. Sublessor’s and Master Lessor’s right to review and approve (or withhold approval of) Sublessee’s plans, ordinances drawings, specifications, contractor(s) and requirements other aspects of any construction work proposed by Sublessee is intended solely to protect Sublessor and all Federal, State, Municipal and/or other authoritiesMaster Lessor, the Board Building and Sublessor’s and Master Lessor’s interests. No approval or consent by Sublessor or Master Lessor shall be deemed or construed to be a representation or warranty by Sublessor or Master Lessor as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable laws or other requirements. All alterations shall upon installation become part of Fire Underwriters the realty and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become be the property of Sublessor or Master Lessor, subject to removal as provided herein. Before making any alterations, Sublessee shall submit to Sublessor and Master Lessor, for Sublessor’s or Master Lessor’s prior approval, reasonably detailed final plans and specifications prepared by a licensed architect or engineer; a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Sublessee to make the alterations; and a copy of the contractor’s license. Sublessee shall reimburse Sublessor and Master Lessor upon the expiration or other termination of this Lease. demand for any expenses reasonably incurred by Sublessor and Master Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with any alterations made by Sublessee, including reasonable fees charged by Sublessor’s and Master Lessor’s contractors or consultants to review plans and specifications prepared by Sublessee and to update the rights set forth hereunder existing as-built plans and specifications of the Building to reflect the alterations. Sublessee shall provide obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Sublessor and Master Lessor before commencement of any alterations. Sublessee acknowledges that no lien installation of telephone lines, cables and other electronic telecommunications services and equipment shall be subject to this provision. Sublessee further acknowledges that the installation of voice equipment or claim low-voltage cabling that may result in Sublessee’s utilization of the Building’s telecommunications equipment rooms shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings subject to this provision. Any approved alterations or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Subleased Premises and any such interest therein removal thereof shall be completed strictly in accordance with and subject to be released from the legal effect terms and provisions of such lien or claim, either by payment or by posting of bond or by this Sublease and the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorMaster Lease.
Appears in 2 contracts
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Lessee may undertake structural, exterior, plumbing and electrical alterations, which may include the construction and demolition of additional improvements to the Properties (if such demolition does not unreasonably impair the ability to operate the Permitted Facility on the applicable Property, does not effect any improvements located on the applicable Property as of the Effective Date and is at Lessee’s sole cost and expense), individually, costing less than $500,000, as adjusted by changes in the Price Index, without Lessor’s prior written consent. Lessee may undertake any non-structural alteration to the Properties, so long as Lessee provides Lessor with fourteen (14) days prior written notice of such alterations, if greater than $10,000, as adjusted by changes in the Price Index. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor (which may be directly subcontracted with by Lessee) and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Lessor shall reasonably cooperate with all improvements including, without limitation, signing applications. Upon completion of any alterations individually costing $10,000 or more, as adjusted by changes in the Price Index, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any such alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 2 contracts
Sources: Master Lease Agreement (Malibu Boats, Inc.), Master Lease Agreement (Malibu Boats, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee The Tenant shall not make or cause to be have made any alterations, additions improvements, decorations, installations and substitutions (collectively called "Tenant's changes") in, of or improvements to the Improved Leased Demised Premises without the prior written reasonable consent of Lessor. All the Landlord in each instance; provided, however, that, except as to structural alterations, improvements or additions and those prohibited by the Rules and Regulations attached hereto as Exhibit D, such consent shall not be unreasonably withheld or delayed. Unless otherwise specified in the consent referred to in this Section 13, any improvements approved or alterations in the Demised Premises made by Lessor the Tenant (including, without limitation, permanent partitions, wall paneling and lighting fixtures, but excepting the Tenant's Property (as defined in Section 14)) shall be made solely and remain the property of the Landlord and, except as provided in Section 21, shall remain upon and be surrendered with the Demised Premises at Lesseethe 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 limitation, requiring the Tenant to 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. The work necessary to make any alterations, improvements or additions to the Demised Premises shall be done at the Tenant's expense by a contractor approved employees of or contractors hired by Lessorthe Landlord, except to the extent the Landlord gives its prior written consent to the Tenant's hiring employees or contractors, which consent shall not be unreasonably withheld or delayed. The Tenant shall promptly pay to the Landlord or the Tenant's contractors, as the case may be, when due, the cost of all such work and of all repairs to the Building required by reason thereof. 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 or materials.
(b) The Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of the Tenant's changes and for final approval thereof upon completion, and shall cause the Tenant's changes to be made performed in compliance therewith and with all applicable laws and requirements of public authorities, and in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lienmanner.
(c) Any contract or agreement The Tenant's changes shall not constitute the basis for labora claim against the Landlord, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no nor a lien or claim shall thereby be created or arise, or be filed by anyone thereunder, charge upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, Land or the buildings Building, and if at any time any such claim, lien or improvements thereon charge shall be filed against the Land or the Building, the Tenant shall cause such claim, lien or charge to be erected on properly released of record within fifteen (15) days after the Improved Leased Premises filing thereof, and if the Tenant shall fail to do so, then the Landlord may discharge the same. The Tenant shall defend, indemnify and save harmless the Landlord from and against any and all such claims, liens and charges, and all costs and expenses, including reasonable attorney's fees, incurred by the Landlord in procuring the discharge of any such claim, lien or charge or in connection with any of the equipment thereofaction or proceeding brought thereon.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractorsThe Tenant shall pay for all materials constituting Tenant's Changes, and materialmenthe Tenant agrees that none of such materials shall be at any time subject to or encumbered by any lien, being filed against security interest, encumbrance, charge, installment sales contract or the interest of Lessorany other person, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien firm or claim, either by payment corporation whether created voluntarily or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorinvoluntarily.
Appears in 2 contracts
Sources: Lease Agreement (Open Solutions Inc), Lease Agreement (Open Solutions Inc)
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. Notwithstanding the above Lessor shall provide Lessee a tenant improvement allowance equal to $9.00 per square foot or $123,723. These monies are to be used toward the improvement of the Premises subject to Lessor's reasonable approval and the above allowance shall also be applied toward the costs associated with architectural design, engineering, and construction supervision (a5%) to complete the tenant improvement work. Any cost to improve the Premises in excess of the allowance provided for herein will be at the expense of Lessee.
10.2 Lessee shall not make or cause to be made any alterations, additions additions, or improvements in or to the Improved Leased Premises Premises, nor install or attach fixtures in or to the Premises, without the prior written consent of Lessor, which consent Lessor shall not unreasonably withhold, delay or condition. If Lessor does not respond in writing to Lessee's request for consent within ten (10) business days of receipt of Lessee's request therefor, Lessee shall be deemed to have given consent. All alterations, additions additions, or improvements approved made, installed in, or attached to the Premises by Lessor Lessee, upon the consent specified above, shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner manner, strictly in accordance with the plans and shall be performed in compliance with specifications approved by Lessor, all applicable laws, ordinances 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 Lessor, are in force and effect and maintained by all contractors and subcontractors engaged by Lessee to perform the work.
10.3 Lessee shall keep the Premises free from all liens, preliminary notices of liens, right to liens, or claims of liens of contractors, subcontractors, mechanics, or material men for work done or materials furnished to the Property at the request of Lessee. Whenever and so often as any such lien shall attach or claims or notices thereof shall be filed against the Property or any part thereof as a result of work done or materials furnished to the Property at the request of Lessee, Lessee shall, within ten (10) days after Lessee has notice of the claim or notice of lien, cause it to be discharged of record, which discharge may be accomplished by deposit or bonding proceedings. If Lessee shall fail to cause the lien, or such claim or notice thereof, to be discharged within the ten-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, or claim or notice thereof, by deposit or bonding proceedings. Any amount so paid by Lessor and all Federalcosts and expenses, Stateincluding, Municipal and/or other authoritieswithout limitation, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alterationattorneys' fees, addition or improvement made incurred by Lessor in connection therewith, shall constitute additional rent payable by Lessee under this Section 6Lease and shall be paid by Lessee in full on demand of Lessor together with interest thereon at the rate set forth in paragraph 2.2 hereof from the date it was paid by Lessor. Lessee shall not have the authority to subject the interest or estate of Lessor to any liens, rights to liens, or claims of liens for services, materials, supplies, or equipment furnished to Lessee, and any fixtures all persons contracting with Lessee are hereby charged with notice that they must look to Lessee and to Lessee's interest only to secure payment.
10.4 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 parties hereto upon the Premises, irrespective of the manner of annexation, and irrespective of which party may have paid the cost thereof, excepting only movable office furniture and shop equipment put in at the expenses of Lessee, shall be the property of Lessor, and shall remain upon and be surrendered with the Premises as a part thereof, shall, thereof at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease, without disturbance, molestation, or injury. Lessor shall have Notwithstanding the rightforegoing, however, 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 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; provided, however, that Lessor shall make such election to require Lessee to remove such fixtures installations at the time Lessor gives its consent to allow Lessee to install same. Such removal and restoration shall be at the sole expense of Lessee's cost upon such termination of this Lease. Further, and Lessee shall promptly remove the same and repair any damage notwithstanding anything contained herein to the Improved Leased Premises caused by such removal.
(b) All persons contrary except as otherwise provided in paragraph 9.3.1 hereof, Lessor shall be under no obligation to whom these presents may come are put upon notice of insure the fact that Lessee shall neveralterations, under any circumstancesadditions, have the power to subject the interest of Lessor or any mortgagee improvements or anything in the Improved Leased Premises to any mechanic'snature of a leasehold improvement made or installed by or on behalf of Lessee, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of LessorLessee Parties, or any mortgagee other person, and such improvements shall be on the Premises at the risk of LessorLessee only.
10.5 In the event Lessor makes any capital investment, or the buildings major structural repairs or improvements thereon in or to be erected on the Improved Leased Premises or Building which are required due to any willful act or omission of Lessee or any of the equipment thereof.
(d) In Lessee Parties, any and all cost and expenses incurred by Lessor in making the event of a lien capital investment, major structural repairs, or claim of any kind, arising out of the exercise of the rights set forth hereunder improvements shall constitute additional rent payable by Lessee, its agents, employees, contractors, subcontractors, Lessee under this Lease and materialmen, being filed against the interest shall be paid by Lessee in full on demand of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such together with interest therein to be released thereon from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court date of the amount necessary to relieve and release demand at the Improved Leased Premises or the interest from such claim or rate set forth in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorparagraph 2.2 hereof.
Appears in 2 contracts
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall be responsible, at its sole cost and expense, for all decorating, fixturizing, furnishing and equipping of the Premises subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed. Tenant shall not make or cause to be made any alterations, additions improvements or improvements changes ("Improvements") in or to the Improved Leased Premises without the prior written consent approval of LessorLandlord, which approval shall not be unreasonably withheld or delayed. All alterationsAny Improvements shall be at the sole cost and expense of Tenant. Landlord may require Tenant, additions at Tenant's sole cost and expense, to furnish a bond, or improvements approved other security satisfactory to Landlord, to assure diligent and faithful performance of any work to be performed by Lessor Tenant. Any Improvements shall be made solely at Lessee's expense by a contractor approved by Lessorpromptly, shall be made in a good and workmanlike manner by duly licensed union contractors and shall be performed in compliance with all insurance requirements and with all applicable permits, authorizations, building regulations, zoning laws and all other governmental rules, regulations, ordinances, statutes and laws, ordinances and requirements of any and now or hereafter in effect, pertaining to the Premises or Tenant's use thereof. Tenant shall remove all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shallImprovements, at LessorTenant's optionsole cost and expense, become the property of Lessor upon the expiration or other termination of this LeaseLease and to surrender the Premises in the same condition as they were in prior to the making of any or all such Improvements, ordinary wear and tear excepted. Lessor Notwithstanding the above, Tenant shall have the right, however, to require Lessee right to remove such any trade fixtures at Lessee's cost installed by Tenant upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.SECTION 8
Appears in 2 contracts
Sources: Lease Agreement (Wynn Resorts LTD), Lease Agreement (Wynn Resorts LTD)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Debtor shall not make alter the exterior, structural, plumbing or cause electrical elements of the Mortgaged Property in any manner without the consent of Mortgagee, which consent shall not be unreasonably withheld or conditioned; provided, however, Debtor may undertake nonstructural alterations to the Mortgaged Property costing less than $50,000 without Mortgagee's consent. If Mortgagee consents to the making of any such alterations, the same shall be made by Debtor at Debtor's sole expense by a licensed contractor and according to plans and specifications approved by Mortgagee and subject to such other conditions as Mortgagee shall require. Any work at any time commenced by Debtor on the Mortgaged Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Mortgage. Upon completion of any alterations or any Restoration, Debtor shall promptly provide Mortgagee with (i) evidence of full payment to all laborers and materialmen contributing to the alterations, additions (ii) a certificate from Debtor stating that all alterations shall have been completed in conformity with the plans and specifications, (iii) a certificate of occupancy, if required, and (iv) any other documents or information reasonably requested by Mortgagee. Notwithstanding anything in the foregoing paragraph to the contrary, Debtor may make such alterations and improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved Mortgaged Property as are contemplated by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b2(B) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialmanLoan Agreement without Mortgagee's or similar lienconsent.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 2 contracts
Sources: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Family Steak Houses of Florida Inc), Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Family Steak Houses of Florida Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make or cause to be made perform, or permit the making or performance of, any initial or subsequent tenant finish work or any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterationsinstallations, decorations, improvements, additions or improvements approved by Lessor other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord shall be under no obligation to allow Alterations of any kind and may withhold its consent without cause. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made solely at Lessee's expense by a contractor approved by Lessor, and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense in a good and workmanlike manner manner. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. Tenant shall submit to Landlord detailed plans and specifications (including architectural layout, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord a certificate evidencing worker's compensation insurance coverage for all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies and shall be in form and amounts satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. Tenant shall cause its contractor and each subcontractor to provide Landlord with a Certificate of Completion of the Alterations and a Bills Paid Affidavit and full Lien Waiver. Tenant shall, if required by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with all applicable laws, ordinances orders, rules, standards and requirements regulations of any and all Federal, State, County, and Municipal and/or other authorities, including, without limitation, all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the local Board of Fire Underwriters or any similar body ("Applicable Laws"). Landlord's approval shall not in any way be considered an indication that the plans and specifications comply with Applicable Laws. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any mortgages lien, encumbrance, chattel mortgage or title retention or security agreement. Whether such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises or subsequently, Tenant agrees to make proper application for, and obtain, a Building Permit and a Certificate of Occupancy from the city in which the Improved Leased Premises is subjectare located. Any alteration, addition or improvement made by Lessee under this Section 6, Tenant shall furnish copies of such permit and any fixtures installed as a part thereof, shall, at Lessor's option, become the property certificate to Landlord promptly after issuance of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removalsame.
(b) All persons appurtenances, fixtures, improvements, and other property attached to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee installed in the Improved Leased Premises to any mechanic'sPremises, materialmanwhether by Landlord or Tenant or others, and whether at Landlord's expense or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of LessorTenant's expense, or the buildings or improvements thereon joint expense of Landlord and Tenant, shall be and remain the property of Landlord, except that any such fixtures, improvements, additions, and other property which have been installed at the sole expense of Tenant and which are removable without material damage to be erected on the Improved Leased Premises or shall be and remain the property of Tenant. If no event of default has occurred, Tenant may, and if Landlord so elects Tenant shall, remove any property belonging to Tenant at the end of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractorsterm hereof, and materialmenTenant shall repair or, being filed against the interest of Lessorat Landlord's option, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein shall pay to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains Landlord the cost of repairing any damage arising from such contestremoval. Any replacements of any property of Landlord, whether made at Tenant's expense or otherwise, shall be and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason remain the property of such contest, unless such contest arises from any negligent or intentional act or omission of LessorLandlord.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make or cause to be made any alterations, additions no alterations or improvements to the Improved Leased Premises without the prior written consent approval of LessorLandlord (which approval shall not be unreasonably withheld or delayed) and Landlord's mortgagee, if any. All alterationsNotwithstanding the foregoing, additions Tenant shall have the right, without the necessity of obtaining Landlord's consent, to make non-structural, decorative alterations or improvements approved to the Leased Premises, the cost of which shall not exceed $25,000.00 in the aggregate and the performance of which does not require the issuance of a building permit under applicable building codes and ordinances. Any such alterations or improvements by Lessor Tenant shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made done in a good and workmanlike manner manner, at Tenant's expense, by a licensed contractor approved by Landlord and in conformity with plans and specifications approved by Landlord. Landlord shall be have the right to supervise any alterations or improvements for which Landlord's consent is required, in which event Tenant shall pay to Landlord on demand a fee for such supervision in an amount equal to five percent (5%) of the cost of such alterations or improvements (exclusive of "soft costs"). If requested by Landlord, Tenant will post a bond or other security reasonably satisfactory to Landlord to protect Landlord against liens arising from work performed in for Tenant. Landlord's approval of the plans and specifications for Tenant's alterations or improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, ordinances rules and requirements regulations of any and all Federal, State, Municipal and/or other governmental agencies or authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Lease Agreement (Pc Tel Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any improvements, alterations, additions or improvements installations in or to the Improved Leased Premises in excess of $10,000.00 (hereinafter referred to as the "Work") without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided which consent may be withheld in Lessor's sole discretion. Along with any request for Lessor's consent and before commencement of the Work or delivery of any materials to be used in the Work to the Premises or into the Complex, Lessee sustains shall furnish Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, an indemnification in such form and amount as may be reasonably satisfactory to Lessor and a performance bond executed by a commercial surety reasonably satisfactory to Lessor in an amount equal to the cost of such contest, the Work and Lessee remains liable to pay or discharge any lien or claim deemed to for the payment of all liens for labor and material arising therefrom. The bond required by the preceding sentence shall not be due or payablerequired if the cost of the Work is less than $100,000.00. Lessee hereby indemnifies agrees to defend and holds hold Lessor forever harmless against from any and all liabilityclaims and liabilities of any kind and description which may arise out of or be connected in any way with said improvements, loss alterations, additions or damage sustained installations. All Work shall be done only by contractors or mechanics reasonably approved by Lessor and at such time and in such manner as Lessor may from time to time reasonably designate. All work done by reason Lessee or its agents, employees or contractors shall be done in such a manner as to avoid labor disputes. Lessee shall pay the cost of all such contestimprovements, unless alterations, additions or installations (including, if the cost of the Work exceeds $100,000.00, a reasonable charge for Lessor's services and for Lessor's inspection and engineering time) and the cost of painting, restoring or repairing the Premises and the Complex occasioned by such contest arises from any negligent improvements, alterations, additions or intentional act or omission installations. Upon completion of Lessor.the Work, Lessee shall furnish Lessor with contractor's affidavits, full and final waivers of liens and receipted bills covering all labor and materials expended and used. The Work shall comply
Appears in 1 contract
Sources: Lease Agreement (Syntellect Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make alter the exterior, structural, plumbing or cause to be made electrical elements of the Premises in any alterations, additions or improvements to the Improved Leased Premises manner without the prior written consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Premises (including the exterior, plumbing and electrical elements) costing less than $500,000 (which amount shall be adjusted annually in proportion to the increases in CPI) in any calendar year, without Lessor’s consent. All For purposes of this Lease, alterations to the structural elements of the Premises shall mean:
(i) alterations which affect the foundation or “footprint” of the improvements at the Premises; or
(ii) alterations which involve the structural elements of the improvements at the Premises, such as a load-bearing wall, structural beams, columns, supports or roof. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, additions or improvements approved by Lessor the same shall be made solely by Lessee at Lessee's ’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed, and subject to such other conditions as Lessor may reasonably require. Any work at any time commenced by Lessee on the Premises shall be made in a prosecuted diligently to completion, shall be of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination terms of this Lease. Upon completion of any alterations, Lessee shall promptly provide Lessor with (i) evidence of full payment to all laborers and materialmen contributing to the alterations, (ii) 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 alterations are of such a nature as would require the issuance of a certificate of occupancy), and (iv) any other documents or information reasonably requested by Lessor. Any addition to or alteration of the Premises (excluding any Personal Property) shall have automatically be deemed a part of the right, however, Premises and belong to require Lessee to remove such fixtures at Lessee's cost upon such termination of this LeaseLessor, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by Lessor of such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that addition or alteration. Lessee shall neverexecute and file or record, under any circumstancesas appropriate, have the power to subject the interest a “Notice of Lessor Non-Responsibility,” or any mortgagee equivalent notice permitted under applicable law in the Improved Leased state where the Premises to any mechanic's, materialman's or similar lienare located.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Lease (Jill Intermediate LLC)
ALTERATIONS AND IMPROVEMENTS. Following the Occupancy Date and during the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Property in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Property, individually, costing less than $150,000 (such limit shall increase by 2.0% each Lease year) without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $150,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Following the Occupancy Date, Lessee shall keep the Property free from any liens arising out of any work performed on, or materials furnished to, the Property. Lessee shall execute and file or record, as appropriate, a “Notice of Non‑Responsibility,” or any equivalent notice permitted under applicable Law in the state where the Property is located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Property shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Property and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may reasonably require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Lease Agreement (Kratos Defense & Security Solutions, Inc.)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing less than $250,000.00, as adjusted by changes in the Price Index, without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $250,000.00 or more, as adjusted by changes in the Price Index, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair ownership by Lessor of such addition or alteration. The interest of Lessor in the Properties shall not be subject in any damage way to any liens, including any lien rights under Chapter 713, Florida Statutes, for improvements to or other work performed to the Improved Leased Premises caused Properties by such removal.
(b) or on behalf of Lessee. Lessee shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion or other interest of Lessor in the Properties. All persons mechanics, materialmen, contractors, laborers, artisans, suppliers, and other parties contracting with Lessee, its representatives or contractors with respect to whom these presents may come the Properties are put upon hereby given notice that they must look solely to Lessee to secure payment for any labor, services or materials furnished or to be furnished to Lessee, or to anyone holding any of the fact that Properties through or under Lessee during the Lease Term. The foregoing provisions are made with express reference to Section 713.10, Florida Statutes (2005). Lessee shall never, under any circumstances, have notify every contractor making improvements to the power to subject Properties that the interest of Lessor or any mortgagee in the Improved Leased Premises Properties shall not be subject to any mechanic's, materialman's liens for improvements to or similar lienother work performed with respect to the Properties by or on behalf of Lessee.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Master Lease Agreement (21st Century Oncology Holdings, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not Tenant may place partitions and fixtures and may make or cause to be made any alterations, additions or improvements and other alterations to the Improved interior of the Leased Premises without at Tenant's expense, provided, however, that prior to commencing any such work, Tenant shall first obtain the prior written consent of Lessor. All alterationsLandlord to the proposed work, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessorincluding the plans, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authoritiesspecifications, the Board of Fire Underwriters proposed architect and/or contractor(s) for such alterations and/or improvements and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies used in connection with such alterations, including, without limitation, paint, carpeting, wall or window coverings and the rights set forth hereunder use of carpet glues and other chemicals for installation of such materials. Landlord's consent to Tenant's request shall provide that no lien not be unreasonably withheld or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against delayed. At least ten (10) days prior to the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim commencement of any kind, arising out of construction in the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants Tenant shall deliver to Landlord copies of the plans and agrees specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord may require that the work be done by Landlord's own employees, its construction contractors, or under Landlord's direction, but at its the expense it will within thirty (30) days after written notice from Lessorof Tenant, cause and Landlord may, as a condition to consenting to such work, require that Tenant provide security adequate in Landlord's judgment so that the Improved improvements or other alterations to the Leased Premises will be completed in a good, workmanlike and lien free manner. Landlord may also require that any such interest therein work done to the interior of the Leased Premises be released from subject to the legal effect supervision of Landlord or its designee, and Tenant shall pay to Landlord, upon completion of such lien or claimwork, either by payment or by posting a supervision fee in an amount equal to ten percent (10%) of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contestwork. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of improvements in a first-class, Class A, institutional grade office building. All such improvements shall be the property of Landlord. In the event Landlord consents to the use by Tenant of its own architect and/or contractor for the installation of any such alterations or improvements, prior to the commencement of such work, Tenant 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 Lessee remains liable evidence 7- 9 that Tenant's architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that any review by Landlord of Tenant's plans and specifications and/or right of approval exercised by Landlord with respect to pay Tenant's architect and/or contractor is for Landlord's benefit only and Landlord shall not, by virtue of such review or discharge any lien or claim right of approval, be deemed to be due make any representation, warranty or payable. Lessee hereby indemnifies acknowledgment to Tenant or to any other person or entity as to the adequacy of Tenant's plans and holds Lessor harmless against any and all liabilityspecifications or as to the ability, loss capability or damage sustained by Lessor by reason reputation of such contest, unless such contest arises from any negligent or intentional act or omission of LessorTenant's architect and/or contractor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any improvements, alterations, additions or improvements installations in or to the Improved Leased Premises (hereinafter referred to as the "Work") in excess of $25,000 in the aggregate in any twelve-month period or which modifies the electrical (other than production machinery and equipment changes and lighting, provided such changes in lighting do not adversely affect usability as an office/warehouse), mechanical, or structural aspects of the Office/ Warehouse Complex or the roof of the Office/Warehouse Complex without the Lessor's prior written consent. Along with any request for Lessor's consent and before commencement of the Work or delivery of any materials to be used in the Work to the Premises or into the Office/Warehouse Complex, Lessee shall furnish Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and an indemnification in such form and amount as may be reasonably satisfactory to Lessor and a performance bond executed by a commercial surety reasonably satisfactory to Lessor, and in an amount equal to the Work and the payment of all liens for labor and material arising therefrom. All Lessee agrees to defend and hold Lessor forever harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with said improvements, alterations, additions or improvements installations. All Work shall be done only by contractors or mechanics reasonably approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed done in compliance accordance with all laws, ordinances good architectural and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subjectengineering practice. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder work done by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, or contractors shall be done in such a manner as to avoid labor disputes. Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains shall pay the cost of all such contestimprovements, alterations, additions or installations (including a reasonable charge for Lessor's engineering time), and also the cost of painting, restoring, or repairing the Premises and the Office/ Warehouse Complex occasioned by such improvements, alterations, additions or installations. Upon completion of the Work, Lessee remains liable to pay or discharge any lien or claim deemed to shall furnish Lessor with contractor's affidavits and full and final waivers of liens, and receipted bills covering all labor and materials expended and used. The Work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be due or payableconstructed in a good and workmanlike manner. Lessee hereby indemnifies shall permit Lessor to inspect construction operations in connection with the Work. Lessee shall not be allowed to make any alterations, modifications, improvements, additions, or installations if such action results or would result in a labor dispute or otherwise would materially interfere with Lessor's operation of the Office/Warehouse Complex. Lessor, by written notice to Lessee given at or prior to termination of this Lease, may require Lessee to remove any improvements, additions or installation installed by Lessee in the Premises at Lessee's sole cost and holds Lessor harmless against expense, and repair or restore any damage caused by the installation and all liability, loss or damage sustained by Lessor by reason removal of such contestimprovements, unless additions, or installations; provided, however, the only improvements, additions or installations which Lessee shall remove shall be those specified in such contest arises from notice. At the time approval is requested or granted or at the time Lessee requests Lessor to make a designation pursuant to the provisions hereof, as to any negligent specific change or intentional act alteration, Lessor shall designate which portion of such change or omission alteration shall be removed, repaired and restored at termination of Lessorthis Lease and which portion may be surrendered at termination of this Lease without removal, repair and restoration and Lessor shall not be arbitrary or capricious in respect to any such designation. If no designation is made at the time approval or designation is requested or granted, Lessee shall not be required to remove and shall not remove the items covered by such request or grant. Further, in respect to items as to which no specific written approval is requested or granted, Lessor may require, upon termination of this Lease, the removal (and repair of resulting damage) of any such applicable improvement, alteration, addition or installation installed in the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Borrower shall not make alter, or cause permit Lessee to 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 made unreasonably withheld or conditioned; provided, however, Borrower or Lessee 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:
(i) 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 to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor same shall be made solely by Borrower at Borrower's or Lessee's ’s sole expense by a licensed contractor and according to plans and specifications approved by LessorLender and subject to such other conditions as Lender shall require. Any work at any time commenced on the Mortgaged Property shall be prosecuted diligently to completion, shall be made in a of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances and requirements the terms of this Mortgage. Upon completion of any alterations or any Restoration, Borrower shall promptly provide Lender with (i) evidence of full payment to all laborers and all Federalmaterialmen contributing to the alterations, State(ii) an architect's certificate certifying the alterations to have been completed in conformity with the plans and specifications, Municipal and/or other authorities, (iii) a certificate of occupancy (if the Board alterations are of Fire Underwriters and any mortgages to which such a nature as would require the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6issuance of a certificate of occupancy), and (iv) any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration other documents or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused information reasonably requested by such removalLender.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Eaco Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make or cause to be made perform, or permit the making or performance of, any initial or subsequent tenant finish work or any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterationsinstallations, decorations, improvements, additions or improvements approved by Lessor other physical changes in or about the Leased Premises that are structural in nature or that exceed $6,000.00 in costs (referred to collectively as "Alterations") without ----------- Landlord's prior consent. Landlord may withhold consent in its sole discretion if the Alterations in any way penetrate the roof (except as provided in Paragraph 42(a) below) or outer walls of the Building or impact the structure or --------------- structural integrity of the Building or any of its systems. Otherwise, such consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made solely at Lessee's expense by a contractor approved by Lessor, and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense in a good and workmanlike manner manner. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld or delayed. Tenant shall submit to Landlord detailed plans and specifications (including architectural layout, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord a certificate evidencing worker's compensation insurance coverage for all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, Landlord's Representatives, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies and shall be in form and amounts as customarily required and satisfactory to Landlord in its reasonable discretion and shall be maintained by Tenant until the completion of such Alteration. Tenant shall cause its contractor and each subcontractor to provide Landlord with a Certificate of Completion of the Alterations and a Bills Paid Affidavit and full Lien Waiver in form and content as reasonably required by Landlord and as customarily required. Tenant shall, if required by Landlord at the time of Landlord's consent to the Alterations, agree to restore the affected portions of the Project at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and copies shall be submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with all applicable laws, ordinances orders, rules, standards and requirements regulations of any and all Federal, State, County, and Municipal and/or other authorities, including, without limitation, all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the local Board of Fire Underwriters or any similar body ("Applicable Laws"). Landlord's approval shall --------------- not in any way be considered an indication that the plans and specifications comply with Applicable Laws. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any mortgages lien, encumbrance, chattel mortgage or title retention or security agreement. Whether such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises or subsequently, Tenant agrees to make proper application for, and obtain, a Building Permit and a Certificate of Occupancy from OFFICE LEASE AGREEMENT - Page - 18 ---------------------- the city in which the Improved Leased Premises is subjectare located. Any alterationTenant shall furnish copies of such permit and certificate to Landlord promptly after issuance of same.
(b) Except for Tenant's Property (below defined), addition or improvement made by Lessee under this Section 6all appurtenances, fixtures, improvements, and any fixtures other property attached to or installed as a part thereofin the Leased Premises, shallwhether by Landlord or Tenant or others, and whether at LessorLandlord's optionexpense or Tenant's expense, become or the joint expense of Landlord and Tenant, shall be and remain the property of Lessor upon Landlord. Any replacements of any property of Landlord, whether made at Tenant's expense or otherwise, shall be and remain the expiration property of Landlord. Any trade fixtures, business equipment, inventory, trademarked items, signs, decorative soffit, counters, shelving, showcases, mirrors and other removable personal property installed in or other termination on the Premises by Tenant at its sole expense, and the Generator (below defined), the equipment in the UPS Area (below defined) regardless of this Leasewho paid the cost thereof, shall remain the property of Tenant (the "Tenant's Property"). Lessor Landlord ----------------- agrees that, if Tenant is not in default hereunder, Tenant shall have the right, howeverat any time or from time to time, to require Lessee to remove such fixtures at Lesseeany and all of Tenant's cost upon such termination of this LeaseProperty, and Lessee but Tenant shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or ariserepair, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon LessorLandlord's prior written consent, provided Lessee sustains option shall pay Landlord the cost of repairing, any damage arising from such contestremoval and shall leave the Premises in a neat, clean, operating condition, free of debris, normal wear and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessortear excepted.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make alter the exterior, structural, plumbing or cause to be made electrical elements of the Property in any alterations, additions or improvements to the Improved Leased Premises manner without the prior written consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Property costing less than $100,000 without Lessor’s consent. All For purposes of this Lease, alterations to the exterior, structural, plumbing or electrical elements of the Property shall mean:
(i) alterations which affect the foundation or “footprint” of the improvements at the Property;
(ii) alterations which involve the structural elements of the improvements at the Property, 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 Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, additions or improvements the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall require. Any work at any time commenced by Lessee on the Property shall be made solely at Lessee's expense by a contractor approved by Lessorprosecuted diligently to completion, shall be made in a of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination terms of this Lease. Upon completion of any alterations, Lessee shall promptly provide Lessor with (i) evidence of full payment to all laborers and materialmen contributing to the alterations, (ii) 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 alterations are of such a nature as would require the issuance of a certificate of occupancy), and (iv) any other documents or information reasonably requested by Lessor. Any addition to or alteration of the Property shall have automatically be deemed a part of the right, however, Property and belong to require Lessee to remove such fixtures at Lessee's cost upon such termination of this LeaseLessor, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by Lessor of such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that addition or alteration. Lessee shall neverexecute and file or record, under any circumstancesas appropriate, have the power to subject the interest a “Notice of Lessor Non-Responsibility,” or any mortgagee equivalent notice permitted under applicable law in the Improved Leased Premises to any mechanic's, materialman's or similar lienstate where the Property is located.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Lease (Jameson Inns Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor Tenant shall have the right, howeverat its own cost and expense, to require Lessee make alterations, replacements, changes, additions and improvements in and to remove such fixtures at Lessee's cost upon such termination of this Leasethe Premises, and Lessee shall promptly remove subject to the following:
(a) that the same shall be performed in a good workmanlike manner, shall not materially reduce the amount of office space of the Building and repair shall not impair the structural integrity of the Building or of any damage to structure now or hereafter forming part of the Improved Leased Premises caused by such removal.Premises;
(b) All persons to whom these presents may come are put upon notice that Tenant shall have obtained all required permits and authorizations of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.all governmental agencies and departments having jurisdiction over such work;
(c) Any contract or agreement for laborthat all alterations, equipmentrepairs and replacements, servicesadditions and improvements commenced shall be completed and paid for, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.Tenant;
(d) In that prior to doing any structural alteration, repair, replacement, addition, or improvement costing more than $10,000, Tenant shall submit plans and specifications for such work to Landlord for its review and approval;
(e) that Tenant shall assure that all contractors, prior to commencing work, have appropriate insurance coverage including Workmen's Compensation Insurance and general liability insurance for the event mutual benefit of Tenant and Landlord;
(f) that if as a lien or claim result of any kindalterations or repairs to the Premises performed by or at the direction of Tenant, arising out any mechanic's or other lien, charge or order for the payment of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being money shall be filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that or the Building or land or against Landlord, Tenant shall, at its expense it will own cost and expense, cause the same to be canceled and discharged of record or bonded within thirty (30) days after written notice from Lessorthe date of filing thereof;
(g) that all such alterations and repairs on or in the Premises that are erected, cause the Improved Leased Premises and any such interest therein installed, or affixed by Tenant shall be deemed to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court part of the amount necessary realty and the sole property of Landlord;
(h) that all alterations and repairs in and to relieve the Premises shall be constructed and release completed in accordance with applicable legal requirements, approvals of governmental entities having jurisdiction over the Improved Leased Premises or work and the interest from such claim or in rules and regulations of the National Board of Fire Underwriters as they may relate to the work; and
(i) that Landlord's consent to any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains work performed by Tenant shall not render Landlord responsible for the cost of such contest, work or constitute a determination by Landlord that (a) the proposed work complies with applicable laws and Lessee remains liable to pay regulations or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies (b) that the proposed work reflects good architectural and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorengineering practices.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Subject to the provisions herein, Tenant shall be responsible for the payment of all costs associated with any improvements or alterations made to the Demised Premises by Tenant, if any, and any other ancillary work related thereto, including but not limited to all engineering or architectural services, permitting, construction, and clean up. Landlord shall be provided with at least forty-eight (a48) Lessee hours notice of all construction meetings and be permitted to participate in said meetings. All final designs and contracts related to the improvements or alterations must be approved in writing by the Landlord, which will not be unreasonably withheld, in advance of the commencement of the performance of any work to the Demised Premises. Tenant shall not make any additions, improvements, changes or cause to be made alterations in any alterations, additions part of the Demised Premises or improvements to the Improved Leased Premises Office Building without the prior written consent of LessorLandlord, which will not be unreasonably withheld. All alterations, additions or improvements approved It is understood by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of the parties hereto that any and all Federalsuch additions, Stateimprovements, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition changes or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, alterations shall become the property of Lessor Landlord upon the expiration or other termination of this LeaseLease unless otherwise agreed upon in writing. Lessor Mechanic's Liens. Tenant shall have the right, however, not be permitted to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to allow any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or ’s liens to be filed by anyone thereunder, upon or against the Improved Leased Landlord, the Demised Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) Office Building. In the event of a that any mechanic’s lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being is filed against the interest of LessorLandlord, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Demised Premises or the interest from such claim Office Building of which they form a part, for work or in any manner satisfactory materials claimed to Lessorhave been furnished to Tenant, and any mortgagee it shall be discharged by Tenant within ten (10) days of Lessorits filing, at Tenant’s expense. If Lessee desires It being understood that Tenant’s failure to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any such lien or claim deemed within ten (10) days of its filing will, in and of itself, constitute damages to be due or payable. Lessee hereby indemnifies Landlord in the amount of said lien in addition to any expenses incurred by Landlord to remove said lien, including reasonable attorney’s fees and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason costs of such contest, unless such contest arises from any negligent or intentional act or omission of LessorCourt.
Appears in 1 contract
Sources: Office Building Lease Agreement
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not Tenant, at its cost and expense and with no right of reimbursement from Lessor, may make or cause to be made any alterations, additions or additions, and improvements to the Improved Leased Premises without leased premises to better adapt the leased premises to its use and occupancy; provided, however, on each occasion, any such alteration, addition, or improvement shall: (i) equal or exceed the then current standard for the Center, utilizing only new and first-grade materials; (ii) be in conformity with all applicable federal, state and local laws, ordinances, regulations, building codes, fire regulations, and insurance requirements of Lessor and Tenant; (iii) be made only with the prior written consent of Lessor. All , and as a condition to such consent, Lessor may require agreement by Tenant to remove such alterations, additions or additions, and/or improvements approved by Lessor shall at the time of termination of this Lease, and restore the leased premises to their condition prior to the installation of such alterations, additions, and/or improvements, and otherwise, in good condition and repair, subject to reasonable wear and tear; (iv) be made solely at Lessee's expense by a contractor approved pursuant to such plans and specifications as may be required by Lessor, shall and upon obtaining any required permits and licenses; (v) be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages conditioned upon providing to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shallLessor, at Lessor's option, become the property a letter of Lessor upon the expiration credit, performance bond or other termination indemnification in such form and amount as may be satisfactory to Lessor to protect against liens for labor to be performed and materials to be furnished; and (vi) be carried out only by persons or entities selected by Tenant and approved in writing by Lessor, who, if required by Lessor, shall deliver to Lessor before commencement of this Leasethe work proof of such workmen's compensation, comprehensive general liability, and builder's risk insurance as Lessor may require, with Lessor named as an additional insured, in amounts, with companies, and in form satisfactory to Lessor, which insurance shall remain in effect during the entire period during which such alteration, addition, or improvement will be accomplished. Any such alteration, addition, or improvement shall be done only at such time and in such manner as Lessor may designate from time to time. Tenant shall have promptly pay the rightcost of any such change, addition, or improvement. Upon completion, Tenant shall furnish Lessor with contractors' affidavits and full and final waivers of liens. Tenant shall indemnify Lessor for, and hold Lessor harmless forever from, any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with any such alteration, addition, or improvement; provided, however, Tenant shall have no obligation to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove indemnify Lessor for the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor negligence or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest intentional act of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, or contractors. Any increase in property taxes on, subcontractorsor insurance for, the Building attributable to such change, addition, or improvement shall be borne by Tenant, and materialmen, being filed against the interest of Lessor, any mortgagee of paid by Tenant to Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from receipt by Tenant of Lessor's invoice therefor, cause accompanied by appropriate evidence thereof. Subject to the Improved Leased Premises provisions of agreement, if any, pursuant to (iii) above, all such alterations, additions, and/or improvements shall remain in or upon and any such interest therein to be released from surrendered with the legal effect leased premises at the termination of such lien or claimthis Lease, either by payment or by posting with the exception of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessorfurniture, movable trade fixtures, and/or trade equipment, and any mortgagee other movable personal property put in at the expense of Lessor. If Lessee desires to contest Tenant, which items shall remain the validity property of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorTenant.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Except as set forth in Section 19 below, Tenant shall not alter the exterior, structural, plumbing or electrical elements of the Leased Premises in any manner without the consent of Landlord, which consent shall not be unreasonably withheld or conditioned; provided, however, Tenant may undertake nonstructural alterations to the Leased Premises, individually, costing less than $10,000 without Landlord’s prior written consent. No storage tanks for petroleum products may be installed at the Leased Premises without Landlord’s written consent. If Landlord’s consent is required hereunder and Landlord consents to the making of any such alterations, the same shall be made by Tenant at Tenant’s sole expense by a licensed contractor and according to plans and specifications approved by Landlord and subject to such other conditions as Landlord shall reasonably require. Any work at any time commenced by Tenant on the Leased Premises shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $50,000 or more, Tenant shall promptly provide Landlord with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Tenant shall promptly provide Landlord with:
(a) Lessee an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect);
(b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and
(c) any other documents or information reasonably requested by Landlord. Tenant shall keep the Leased Premises free from any liens arising out of any work performed on, or materials furnished to, the Leased Premises. Tenant shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the state where the Leased Premises is located which provides that Landlord is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense deemed a part of the Leased Premises and belong to Landlord, and Tenant shall execute and deliver to Landlord such instruments as Landlord may require to evidence the ownership by a contractor approved Landlord of such addition or alteration. Any and all construction work done or performed by Lessor, or on behalf of Tenant upon the Leased Premises shall be made performed in a good and workmanlike manner ▇▇▇▇▇▇▇ like manner, in accordance at Tenant’s sole cost and shall be performed expense and in compliance accordance with all laws, ordinances and (i) the requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.Restrictive Agreements and
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. (a) During the Lease Term, Lessee shall not make materially alter the exterior, structural, plumbing or cause to electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be made any alterationsunreasonably withheld, additions delayed or improvements conditioned; provided, however, Lessee may undertake alterations to the Improved Leased Premises Properties, individually, costing $750,000.00 or less without the Lessor’s prior written consent. Notwithstanding the foregoing, any structural or exterior alterations to the Properties shall require the consent of Lessor. All alterations, additions or improvements approved Any work at any time commenced by Lessor Lessee on the Properties shall be made solely at Lessee's expense performed by a contractor approved by Lessorlicensed contractor, prosecuted diligently to completion, shall be made in a of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances the terms of this Lease and requirements all Legal Requirements. Upon completion of any and all Federalalterations individually costing more than $750,000.00, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same provide Lessor with evidence of full payment to all laborers and repair any damage materialmen contributing to the Improved Leased Premises caused by alterations. Additionally, upon written request and completion of any alterations individually costing more than $750,000.00, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such removal.
a nature as would require the issuance of such a certificate from the architect); (b) All persons to whom these presents may come a certificate of occupancy (if the alterations are put upon notice of such a nature as would require the fact that Lessee shall never, under any circumstances, have the power to subject the interest issuance of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
a certificate of occupancy); and (c) Any contract any related documents or agreement for labor, equipment, services, materials or supplies in connection with information reasonably requested by L▇▇▇▇▇. Lessee shall keep the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or Properties free from any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, liens arising out of any work performed on, or materials furnished to, the exercise Properties to the extent not being disputed by L▇▇▇▇▇. Lessee shall execute and file or record, as appropriate, a “Notice of Non Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not responsible for the payment of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the rights set forth hereunder by LesseeProperties, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to shall be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court deemed a part of the amount necessary to relieve Properties and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory belong to Lessor, and L▇▇▇▇▇ shall execute and deliver to Lessor such instruments as Lessor may require to evidence the ownership by Lessor of such addition or alteration. L▇▇▇▇▇ and L▇▇▇▇▇ acknowledge and agree that their relationship is and shall be solely that of “Lessor-Lessee” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any mortgagee other persons now or hereafter contracting with Lessee, any contractor or subcontractor of Lessor. If Lessee desires to contest or any other Lessee party for the validity furnishing of any lien labor, services, materials, supplies or claimequipment with respect to any portion of the Properties at any time from the date hereof until the end of the Lease Term, are hereby charged with notice that they look exclusively to Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorobtain payment for same.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Tenant shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Tenant may undertake nonstructural alterations to (i) the New Mexico Property and the Minnesota Property, individually, costing less than $250,000, and (ii) the New York Property costing less than $500,000, in any calendar year without Landlord’s prior written consent. No USTs may be installed at any Property without Landlord’s written consent. If Landlord’s consent is required hereunder and Landlord consents to the making of any such alterations, the same shall be made by Tenant at Tenant’s sole expense by a licensed contractor and according to plans and specifications reasonably approved by Landlord and subject to such other conditions as Landlord shall reasonably require. Any work at any time commenced by Tenant on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply in all material respects with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $50,000 or more, Tenant shall promptly provide Landlord with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Tenant shall promptly provide Landlord with:
(a) Lessee shall not make or cause an architect’s certificate certifying the alterations to be made any alterations, additions or improvements to have been completed in conformity with the Improved Leased Premises without plans and specifications (if the prior written consent alterations are of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by such a contractor approved by Lessor, shall be made in nature as would require the issuance of such a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, certificate from the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.architect);
(b) All persons to whom these presents may come a certificate of occupancy (if the alterations are put upon notice of such a nature as would require the fact that Lessee shall never, under any circumstances, have the power to subject the interest issuance of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.a certificate of occupancy); and
(c) Any contract any other documents or agreement for labor, equipment, services, materials or supplies in connection with information reasonably requested by Landlord. Tenant shall keep the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or Properties free from any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, liens arising out of any work performed on, or materials furnished to, the exercise Properties. Tenant shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Landlord is not responsible for the payment of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractorsProperties shall be deemed a part of the Properties and belong to Landlord, and materialmen, being filed against Tenant shall execute and deliver to Landlord such instruments as Landlord may require to evidence the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect ownership by Landlord of such lien addition or claim, either by payment or by posting alteration. In no event shall the provisions of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim this Section 8.02 be deemed to be due limit Tenant’s rights or payable. Lessee hereby indemnifies and holds Lessor harmless against obligations with respect to any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorPersonalty.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any improvements, alterations, additions or improvements installations in or to the Improved Leased Premises (hereinafter referred to as the "Work") without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided which consent may be withheld in Lessor's sole discretion in the event such improvements, alterations, additions or installations affect the structural, mechanical or electrical systems of the Premises, and which consent shall not be unreasonably withheld for other improvements, alterations, additions or installations. In the event Lessor should grant its consent to any improvements, alterations, additions or installations, such consent shall be contingent upon Lessee sustains providing to Lessor, before commencement of the Work or delivery of any materials to be used in the Work to the Premises or into the Complex, plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, an indemnification in such form and amount as may be reasonably satisfactory to Lessor and a performance bond executed by a commercial surety reasonably satisfactory to Lessor in an amount equal to the cost of such contest, the Work and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payablefor the payment of all liens for labor and material arising therefrom. Lessee hereby indemnifies agrees to defend and holds hold Lessor forever harmless against from any and all liabilityclaims and liabilities of any kind and description which may arise out of or be connected in any way with said improvements, loss alterations, additions or damage sustained installations. All Work shall be done only by contractors or mechanics reasonably approved by Lessor and at such reasonable times and in such manner as Lessor may from time to time reasonably designate. All work done by reason Lessee or its agents, employees or contractors shall be done in such a manner as to avoid labor disputes. Lessee shall pay the cost of all such improvements, alterations, additions or installations (including a reasonable charge for Lessor's services and for Lessor's inspection and engineering time in the event Lessor is required to retain the services of a consultant in connection with such services) and the cost of painting, restoring or repairing the Premises and the Complex occasioned by such improvements, alterations, additions or installations. Upon completion of the Work, Lessee shall furnish Lessor with contractor's affidavits, full and final waivers of liens and receipted bills covering all labor and materials expended and used. The Work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be constructed in a good and workmanlike manner. Lessee shall permit Lessor to inspect construction operations in connection with the Work. Lessee shall not be allowed to make any improvements, alterations, additions or installations without taking reasonable steps to assure that such action does not result in a labor dispute or otherwise would not materially interfere with Lessor's operation of the Complex. Lessor, by written notice to Lessee given at or prior to termination of this Lease, may require Lessee, at Lessee's sole cost and expense, to remove any improvements, alterations, additions or installations installed by Lessee in the Premises (except for improvements related to general office use that were installed by Lessee with Lessor's approval) and to repair or restore any damage caused by the installation and removal of such contestimprovements, unless such contest arises alterations, additions or installations; provided, however, with the exception of Lessee's trade fixtures and equipment, the only improvements, additions or installations which Lessee shall remove shall be those specified in Lessor's notice. Lessee shall keep the Premises and the Complex free from any negligent liens arising out of any work performed, material furnished or intentional act obligations incurred by Lessee, and shall indemnify, protect, defend and hold harmless Lessor from any liens and encumbrances arising out of any work performed or omission material furnished by or at the direction of LessorLessee. In the event that Lessee shall not, within twenty (20) days following the imposition of any such lien, cause such lien to be released of record by payment or posting of a proper bond, Lessor shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of and/or defense against the claim giving rise to such lien. All such sums paid by Lessor and all expenses incurred by it in connection therewith, including attorneys' fees and costs, shall be payable as Additional Rent to Lessor by Lessee on demand with interest at the rate provided in Article III accruing from the date paid or incurred by Lessor until reimbursed to Lessor by Lessee.
Appears in 1 contract
Sources: Lease (Papa Johns International Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not have the right to make or cause to be made any alterations, additions additions, or improvements in or to the Improved Leased Subleased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld with regard to non-structural work only, and the prior written consent of Master Lessor, if required by the terms of the Master Lease. All If Landlord and Master Lessor (to the extent such consent is required) consent to any alterations, additions or improvements approved by Lessor improvements, Tenant shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed perform such work in compliance with all laws, ordinances the terms and requirements of the Master Lease. Tenant shall be responsible for payment of any and all Federalfees charged by Master Lessor in connection with the review of such proposed alterations, State, Municipal and/or other authoritiesadditions or improvements. Any mechanic’s lien filed against the Subleased Premises, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alterationor the Building for work claimed to have been done for, addition or improvement made materials claimed to have been furnished to, Tenant shall be discharged by Lessee under this Section 6, and any fixtures installed as a part thereof, shallTenant within the time period required by the Master Lease, at Lessor's optionTenant’s expense, become by payment or filing the property bond required by law. Tenant shall be responsible to obtain all required building permits prior to commencing any construction in the Subleased Premises and also to arrange for all required municipal or governmental inspections upon completion of Lessor upon any construction. Upon the expiration or other termination of this Sublease, Tenant shall remove, at Tenant’s cost, any or all such alterations, additions, or improvements required to be removed under the terms of the Master Lease. Lessor Tenant shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any all damage or defacement to the Improved Subleased Premises, the Leased Premises Premises, the Building and the fixtures, appurtenances and equipment of Landlord and of Master Lessor, caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not Tenant may place partitions and fixtures and may make or cause to be made any alterations, additions or improvements and other alterations to the Improved interior of the Leased Premises without at Tenant's expense, provided, however, that prior to commencing any such work, Tenant shall first obtain the prior written consent of LessorLandlord to the proposed work, including the plans, specifications, the proposed architect and/or contractor(s) for such alterations and/or improvements and the materials used in connection with such alterations, including, without limitation, paint, carpeting, wall or window coverings and the use of carpet glues and other chemicals for installation of such materials. At least ten (10) days prior to the commencement of any construction in the Leased Premises, Tenant shall deliver to Landlord copies of the plans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord may require that the work be done by Landlord's own employees, its construction contractors, or under Landlord's direction, but at the expense of Tenant, and Landlord may, as a condition to consenting to such work, require that Tenant provide security adequate in Landlord's judgment so that the improvements or other alterations to the Leased Premises will be completed in a good, workmanlike and lien free manner. Landlord may also require that any work done to the interior of the Leased Premises be subject to the supervision of Landlord or its designee. All alterations, additions such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of improvements approved by Lessor in a first-class institutional grade building. All such improvements shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this LeaseLandlord. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event Landlord consents to the use by Tenant of a lien or claim its own architect and/or contractor for the installation of any kindsuch alterations or improvements, arising out prior to the commencement of the exercise of the rights set forth hereunder such work, Tenant 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 Lessee, its agents, employees, contractors, subcontractorsLandlord, and materialmenevidence that Tenant's architect and/or contractor has procured the necessary permits, being filed against certificates and approvals from the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants appropriate governmental authorities. Tenant acknowledges and agrees that at its expense it will within thirty (30) days after written notice from Lessorany review by Landlord of Tenant'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, cause the Improved Leased Premises and any such interest therein to be released from the legal effect by virtue of such lien review or claimright of approval, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim be deemed to be due make any representation, warranty or payableacknowledgment to Tenant or to any other person or entity as to the adequacy of Tenant's plans and specifications or as to the ability, capability or reputation of Tenant's architect and/or contractor. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorLandlord approves Pinnacle Design as Tenant’s architect.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make or nor cause to be made any alterationsalterations and improvements in, additions on, under or improvements to about the Improved Leased Premises Premises, $10,000 or greater, without the prior written consent of LessorLandlord, which consent shall not be unreasonably withheld. All alterationsUpon Landlord's consent being received, additions Tenant shall bear the sole cost of such alterations and improvements. Alterations and improvements are further described as any change or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice building, grounds, or boundaries of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for laborPremises. This includes personal property, equipment, servicesmachinery, materials trade fixtures and installations that are attached, fastened or supplies installed on the Leased Premises. Tenant will obtain, at its sole cost and expense, all permits and approvals required in connection with any alterations or installations and Landlord shall reasonably approve all plans prior to the rights set forth hereunder commencement of such work. All contractors working on such work shall provide that no lien or claim be licensed in the state of Florida and have appropriate insurance for such work, which insurance shall thereby name Landlord as additional insured. Nothing in this Lease shall be created or arisedeemed to be, or be filed construed in any way as constituting, the consent or request of Landlord, expressed or implied, by anyone thereunderinference or otherwise, upon to any person, firm or against corporation for the Improved Leased Premises and/or the interest performance of Lessor, or any mortgagee of Lessor, labor or the buildings furnishing of any materials for any construction, rebuilding, alteration or improvements thereon repair of or to be erected on the Improved Leased Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to file any lien against ▇▇▇▇▇▇▇▇'s interest in the Leased Premises. Tenant shall promptly pay for all materials supplied and work done in respect of the equipment thereof.
(d) In Leased Premises so as to ensure that no lien is recorded against any portion of the event of Building or Premises or against Landlord's or Tenant's interest therein. If a lien or claim of any kindis so recorded, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense Tenant shall discharge it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or bonding or shall be in default under this Lease. If any such lien is recorded and not discharged by posting Tenant as above required, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of bond Landlord in the Leased Premises shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the payment into court terms of this Lease, and ▇▇▇▇▇▇ hereby agrees to inform all contractors and material suppliers performing work in or for or supplying materials to the Leased Premises of the amount existence of said prohibition. Landlord shall have the right to post and keep posted at all reasonable times on the Leased Premises any notices which Landlord shall be required so to post for the protection of Landlord and the Leased Premises from any such lien. ▇▇▇▇▇▇ agrees to promptly execute such instruments in recordable form in accordance with the terms and provisions of Section 713.10, Florida Statutes, as are necessary to relieve give public notice of the terms and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorconditions hereof.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Except as otherwise hereinafter expressly set forth, Tenant shall not make or cause to be made any alterations, additions or improvements to the Improved Leased Premises Demised Premises, whether structural or non-structural (the "Alterations"), without the Landlord's prior written consent, which consent with respect to non-structural alterations only shall not be unreasonably withheld. In no event shall Alterations reduce the size or cubic content of Lessorthe Building or reduce the value of the Demised Premises or Building. Tenant shall submit to Landlord detailed plans and specifications stamped by Tenant's architect or licensed engineer for all proposed Alterations. In the event any such Alteration is structural in nature or involves or impacts upon the electrical, plumbing or HVAC systems of the Premises and/or Property, Tenant shall reimburse Landlord for all reasonable, third-party, out-of-pocket expenses incurred by Landlord in connection with Landlord's review thereof. Prior to the commencement of any Alterations, Tenant shall also provide to Landlord for Landlord's prior approval the identity of the contractor Tenant proposes to employ to construct the Alterations, which approval shall not be unreasonably withheld. All alterations, additions or improvements approved by Lessor Alterations shall be made solely at Lessee's expense accomplished in accordance with the following conditions:
(1) Tenant and its contractor shall execute an agreement in form reasonably satisfactory to Landlord indemnifying Landlord for any damage to the Building caused by a the contractor approved by Lessorand its subcontractors.
(2) Tenant shall procure all governmental permits and authorizations for the Alterations, and obtain and provide to Landlord an official certificate of occupancy and/or compliance upon completion of the Alterations, if appropriate.
(3) Tenant shall be made arrange for extension of the general liability insurance provided for in Section 6(a) to apply to the construction of the Alterations. Further, Tenant shall procure and maintain or cause its contractors and other agents to procure and maintain Builders Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering persons employed in connection with the work. All such insurance shall conform to the requirements of Section 6(b).
(4) Tenant shall construct the Alterations in a good and workmanlike manner utilizing materials of first class quality and shall be performed in compliance with all laws, ordinances laws and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removalgovernmental regulations.
(b) All persons to whom these presents may come are put upon notice Within thirty (30) days of completion of the fact that Lessee Alterations, if the Alterations as actually performed and constructed are different than the Alterations as depicted on the plans and specifications therefor, Tenant shall never, under any circumstances, have provide Landlord with "as built" sepia transparency plans (or the power to subject equivalent thereof) of the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lienAlterations.
(c) Any contract or agreement Except for laborTenant's fixtures, equipmentfurniture, servicesmachinery, materials or supplies in connection with equipment and personal property, including any HVAC equipment installed by Tenant, all Alterations shall be the rights set forth hereunder property of Landlord and shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected remain on the Improved Leased Demised Premises or any upon termination of the equipment thereofLease, or, if Landlord so requires, a portion of or all Alterations shall be removed by Tenant on or prior to the termination of the Lease and Tenant shall restore the Demised Premises substantially to its condition prior to such Alterations, reasonable wear and tear excepted.
(d) In Tenant shall not install antennas, communication towers, satellite dishes or any other equipment on the event roof, exterior walls or window sills of a lien the Building. Tenant shall not install cable television in ▇▇▇ Premises or claim penetrate the wall of the Building with cables, conduits and exhaust vents or fans, without Landlord's prior approval, which shall not be unreasonably withheld. It shall be reasonable for Landlord to withhold its consent from any Alteration or other work or improvement which would adversely affect the integrity of the roof or the enforceability of any kindroof warranty.
(e) It is agreed that Tenant may make non-structural, arising out interior Alterations to the Premises without Landlord's prior consent, but subject to all of the exercise other provisions of this Lease which govern Alterations, if the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the aggregate cost of such contestnon-structural, interior Alterations does not exceed $10,000.00 and Lessee remains liable to pay if such non-structural, interior Alterations do not affect the electric system of the Property and/or the HVAC system of the Property and/or the plumbing system of the Property and/or the structural system of the Property and/or the Property's fenestration and/or the exterior doors of the Premises and/or any of the hallways or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason Common Areas of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorthe Property.
Appears in 1 contract
Sources: Lease Agreement (Parlex Corp)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing less than $150,000 without Lessor’s prior written consent. If Lessor’s consent (which consent shall not be unreasonably withheld or conditioned) is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications reasonably approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $50,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties by or on behalf of Lessee. To the extent applicable in the jurisdiction where the Properties are located, Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations performed by or on behalf of Lessee. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claimalteration. The foregoing shall not include equipment installed at the Properties, either by payment or by posting which shall remain the property of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorLessee.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Except as expressly set forth in this Section or with respect to Sublessee’s Initial Work contemplated by Section 21, or in the Prime Lease, Sublessee shall not make no Alterations in or cause to be made any alterations, additions or improvements to the Improved Leased Premises Subleased Premises, including removal or installation of partitions, doors, electrical installations, plumbing installations, water coolers, heating, ventilating and air-conditioning or cooling systems, units or parts thereof or other apparatus of like or other nature, whether structural or non-structural, without the prior written consent of LessorSublessor, which consent shall not be unreasonably withheld, conditioned or delayed provided that Landlord gives any consent required of it. All Notwithstanding anything to the contrary contained in this Section, Sublessee shall have the right, on notice to Sublessor and without the consent of Sublessor: (i) to perform painting, installation of wall coverings and carpet installation, and any and all other decorating work that is to be performed entirely within the Subleased Premises; and (ii) to make nonstructural interior alterations, additions and improvements which require no building permit totaling less than One Hundred Thousand Dollars ($100,000) in any single instance or improvements series of related alterations performed within a six-month period. For the avoidance of doubt, minor decorative changes and additions such as the installation of art work and the installation of curtains and other like items (not readily visible from the common areas of the Building or from outside the Building) shall not require notice to the Sublessor or the consent of Sublessor or the Board. Sublessee agrees that, with respect to any proposed Alteration for which Sublessor’s consent is required, Sublessor may withhold consent (and Sublessor’s withholding of such consent shall be deemed reasonable) to the performance thereof, or to any plans and specifications prepared in connection therewith, but only if (a) an engineer reasonably selected by Sublessor and reasonably approved by Lessor Sublessee shall reasonably determine that the performance of such proposed Alteration or any of the plans and specifications prepared in connection therewith, as the case may be, are not consistent with good engineering practice, or (b) such proposed Alteration would have more than a de minimis adverse impact on any structural element of the Building or Building Systems. Within sixty (60) days following completion of an Alteration, Sublessee shall deliver to Sublessor “as built” or “marked” drawings with respect to all Alterations performed by Sublessee that Sublessee shall have caused to be prepared.
(b) It shall be Sublessee’s responsibility and obligation to ensure that all Sublessee’s Alterations: (i) shall be made solely at Lessee's Sublessee’s own cost and expense (except to the extent funded by a contractor approved by LessorSublessor’s contribution under Section 21 of this Sublease), (ii) shall comply with all Legal Requirements (including NYC Local Laws No. 5 of 1973, No. 16 of 1984 and No. 58 of 1988, each as amended from time to time, and all Legal Requirements then in effect relating to access for the handicapped or disabled within the Subleased Premises) and all orders, rules and regulations of Insurance Boards, and (iii) shall be made in a good and workmanlike manner using good quality materials. In order to ensure, maintain and control the quality and standards of materials and workmanship in and the effective security of the Building and the Commercial Condominium, including the Subleased Premises, Sublessee acknowledges that it is reasonable to require Sublessee, and Sublessee hereby covenants and agrees, to use only general contractors, construction managers and subcontractors (collectively, “Sublessee’s Contractors”) first approved in writing by Sublessor, which approval shall not be unreasonably withheld, conditioned or delayed. In addition, all Alterations affecting the Building’s HVAC system or its electrical or mechanical connections shall only be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or Sublessee’s Contractors first approved by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorBoard.
Appears in 1 contract
Sources: Sublease Agreement
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Except as expressly set forth in this Section or with respect to Sublessee’s Initial Work contemplated by Section 21, or in the Prime Lease, Sublessee shall not make no Alterations in or cause to be made any alterations, additions or improvements to the Improved Leased Premises Subleased Premises, including removal or installation of partitions, doors, electrical installations, plumbing installations, water coolers, heating, ventilating and air-conditioning or cooling systems, units or parts thereof or other apparatus of like or other nature, whether structural or non-structural, without the prior written consent of LessorSublessor, which consent shall not be unreasonably withheld, conditioned or delayed provided that Landlord gives any consent required of it. All Notwithstanding anything to the contrary contained in this Section, Sublessee shall have the right, on notice to Sublessor and without the consent of Sublessor: (i) to perform painting, installation of wall coverings and carpet installation, and any and all other decorating work that is to be performed entirely within the Subleased Premises; and (ii) to make nonstructural interior alterations, additions and improvements which require no building permit totaling less than One Hundred Thousand Dollars ($100,000) in any single instance or improvements series of related alterations performed within a six-month period. For the avoidance of doubt, minor decorative changes and additions such as the installation of art work and the installation of curtains and other like items (not readily visible from the common areas of the Building or from outside the Building) shall not require notice to the Sublessor or the consent of Sublessor or the Board. Sublessee agrees that, with respect to any proposed Alteration for which Sublessor’s consent is required, Sublessor may withhold consent (and Sublessor’s withholding of such consent shall be deemed reasonable) to the performance thereof, or to any plans and specifications prepared in connection therewith, but only if (a) an engineer reasonably selected by Sublessor and reasonably approved by Lessor Sublessee shall reasonably determine that the performance of such proposed Alteration or any of the plans and specifications prepared in connection therewith, as the case may be, are not consistent with good engineering practice, or (b) such proposed Alteration would have more than a de minimis adverse impact on any structural element of the Building or Building Systems. Within sixty (60) days following completion of an Alteration, Sublessee shall deliver to Sublessor “as built” or “marked” drawings with respect to all Alterations performed by Sublessee that Sublessee shall have caused to be prepared.
(b) It shall be Sublessee’s responsibility and obligation to ensure that all Sublessee’s Alterations:
(i) shall be made solely at Lessee's Sublessee’s own cost and expense (except to the extent funded by a contractor approved by LessorSublessor’s contribution under Section 21 of this Sublease),
(ii) shall comply with all Legal Requirements (including NYC Local Laws No. 5 of 1973, No. 16 of 1984 and No. 58 of 1988, each as amended from time to time, and all Legal Requirements then in effect relating to access for the handicapped or disabled within the Subleased Premises) and all orders, rules and regulations of Insurance Boards, and
(iii) shall be made in a good and workmanlike manner using good quality materials. In order to ensure, maintain and control the quality and standards of materials and workmanship in and the effective security of the Building and the Commercial Condominium, including the Subleased Premises, Sublessee acknowledges that it is reasonable to require Sublessee, and Sublessee hereby covenants and agrees, to use only general contractors, construction managers and subcontractors (collectively, “Sublessee’s Contractors”) first approved in writing by Sublessor, which approval shall not be unreasonably withheld, conditioned or delayed. In addition, all Alterations affecting the Building’s HVAC system or its electrical or mechanical connections shall only be performed in compliance with all laws, ordinances and requirements by Sublessee’s Contractors first approved by the Board. All deliveries of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shallconstruction materials must be made, at Lessor's optionSublessee’s expense, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lienoutside Business Hours.
(c) Any contract Prior to commencing the performance of any Alterations for which consent of Sublessor is required, Sublessee shall furnish to Sublessor, as applicable:
(i) Plans and specifications (to be prepared by a licensed architect or agreement engineer engaged by Sublessee, at the cost and expense of Sublessee), in sufficient detail to be accepted for laborfiling by the New York City Building Department (or any successor or other governmental agency serving a similar function), equipmentof such proposed Alterations, servicesand Sublessee shall not commence the performance thereof unless and until Sublessor shall have given written consent to said plans and specifications, materials which consent Sublessor shall not unreasonably withhold, condition or supplies delay, subject to the provisions of Subsection 5.01A of the Prime Lease, within the time periods set forth in Subsection 5.02D of the Prime Lease;
(ii) A certificate evidencing that Sublessee (or Sublessee’s Contractors) has (have) procured and paid for worker’s compensation insurance covering all persons employed in connection with the rights set forth hereunder work who might assert claims for death or bodily injury against Landlord, Sublessor, the Board, Sublessee, the Land and/or the Building;
(iii) A certificate evidencing that Sublessee (or Sublessee’s Contractors) has (have) procured such additional personal injury and property damage insurance (over and above the insurance required to be carried by Sublessee pursuant to the provisions of Section 8.03 of the Prime Lease), and builders risk, fire and other casualty insurance as Sublessor or the Board may reasonably require in connection with the work to be done for Sublessee commensurate with that which prudent owners of other comparable buildings would require for comparable Alterations; and
(iv) Such permits, authorizations or consents as may be required by any applicable Legal Requirements, all of which shall provide be obtained at Sublessee’s cost and expense (except to the extent funded by Sublessor’s Contribution), provided, however, that (x) no lien plans, specifications or claim applications with respect to an Alteration shall thereby be created or arise, or be filed by anyone thereunderSublessee with any governmental authority without Sublessee first obtaining Sublessor’s written consent thereto, upon which consent Sublessor shall not unreasonably withhold, condition or against the Improved Leased Premises and/or the interest of Lessordelay, and (y) if Sublessee shall so reasonably request in writing, Sublessor shall join and request Landlord to join in applications for any permits, approvals or any mortgagee of Lessor, or the buildings or improvements thereon certificates required to be erected on obtained by Sublessee in order to perform any permitted Alterations and shall otherwise reasonably cooperate with Sublessee in connection therewith, provided that Sublessor shall not be required to incur any expense thereby (except if and to the Improved Leased Premises extent that Sublessor shall be reimbursed therefor pursuant to the provisions of subsection (v) below), and that Sublessee shall indemnify and hold Sublessor harmless from and against any and all liability and damages suffered by Sublessor in connection therewith, except if and to the extent that such liability and damages shall be caused by the negligence or wrongful acts of Sublessor or by the negligence of Sublessor’s agents, contractors or employees; it being agreed, however, that no negligence or wrongful acts shall be imputed to Sublessor or to Sublessor’s agents, contractors or employees for accepting all applications and related information submitted by Sublessee or by any of the equipment thereofperson within Sublessee’s control as being factually correct and complete.
(dv) In the event of that Sublessor shall submit the plans and specifications with respect to an Alteration to outside architects and/or engineers hired by Sublessor to perform a lien or claim of any kindreview thereof, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will Sublessee shall reimburse Sublessor as Additional Rent for Sublessor’s actual out-of-pocket expenses incurred in connection with such review within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court Sublessee of the amount necessary of any such expense, accompanied by documentation reasonably supporting such expense. Sublessor shall use commercially reasonable efforts to relieve coordinate Sublessor’s review of such plans and release specifications with the Improved Leased Landlord’s and Board’s review thereof (to the extent applicable) so as to avoid duplication of the cost and timing of such review.
(vi) Sublessor shall reasonably cooperate with Sublessee in connection with any application Sublessee may wish to make for an amendment to the Certificate of Occupancy which is consistent with a primarily office occupancy of the Subleased Premises such as a public assembly use for a large conference room, and shall execute and deliver any applications, reports or related documents as may be reasonably requested by Sublessee in connection therewith, provided that the interest from same shall be accomplished without Sublessor being required to incur any actual out-of-pocket cost or expense thereby. If such claim or cooperation by Sublessor shall result in any manner satisfactory actual out-of-pocket cost or expense to LessorSublessor (including reasonable attorney fees and disbursements), and any mortgagee of Lessor. If Lessee desires Sublessee shall nonetheless have the right to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consentrequire Sublessor’s cooperation in connection therewith, provided Lessee sustains the cost of that Sublessee shall reimburse Sublessor for such contestactual out-of-pocket costs or expenses, as Additional Rent, within thirty (30) days after demand therefor. Sublessee shall also indemnify and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies hold Sublessor harmless from and holds Lessor harmless against any and all liabilityliability and damages suffered by Sublessor in connection therewith, loss except if and to the extent that such liability and damages shall be caused by the negligence of Sublessor or damage sustained by Lessor the negligence of Sublessor’s agents or employees; it being agreed, however, that no negligence shall be imputed to Sublessor or to Sublessor’s agents or employees for accepting all applications and related information submitted by reason Sublessee or by any person within Sublessee’s control as being factually correct and complete. Sublessor makes no representation to Sublessee as to whether or when the New York City Building Department will issue any amended Certificate of Occupancy desired by Sublessee, and Sublessee agrees that (a) Sublessor shall have no obligation to ensure that the New York City Building Department does issue such contestan amended Certificate of Occupancy, and (b) Sublessor shall have no liability to Sublessee for any failure by the New York City Building Department to issue such an amended Certificate of Occupancy unless such contest arises failure is due to the negligence of Sublessor or its agents, employees or persons within the control of Sublessor.
(vii) Sublessor shall not unreasonably withhold, condition or delay its approval of any plans and specifications proposed on behalf of Sublessor; provided, however, that Sublessor shall not be obligated to approve any such proposed plans and specifications until Sublessor shall have received all plans and specifications that are appropriate for the scope of work to which they relate. With respect to Sublessee’s Initial Work, Sublessor agrees to respond to Sublessee’s architectural drawings within 10 business days and will cause its engineers to respond to Sublessee’s engineering drawings within 10 business days if the drawings do not present any complex issues which differ materially from those presented by the Subleased Premises as presently improved. Sublessor will endeavor to shorten the said response periods and will instruct those doing the architectural and engineering review to give informal, non-binding reviews to incomplete submissions. Further, if Sublessee uses Sublessor’s approved engineers, the review period for engineering will be five (5) business days.
(viii) If the Board or Landlord shall have any negligent rights to approve any plans and specifications submitted (or intentional act resubmitted) by Sublessee, Sublessor shall submit such plans and specifications to the Board or omission Landlord upon Sublessor’s receipt thereof, or, upon advising Sublessor thereof, Sublessee may submit such plans directly to the Board or Landlord. Sublessee accepts that some approvals and assistance contemplated under this Section will require approval or assistance by the Landlord or the Board which may be beyond Sublessor’s control.
(ix) Sublessee will pay Sublessor’s or the Board’s reasonably incurred third-party cost to supervise the cost of Lessorperforming the Alterations.
(d) Sublessee shall not be obligated to remove any Alterations or Specialty Alterations existing in the Subleased Premises as of the Commencement Date, and shall only be obligated to remove those Specialty Alterations installed by Subtenant during the Term which are so designated by Sublessor, in writing, to be removed; provided, however, that such written designation is requested and received by Subtenant prior to installation of any such Specialty Alterations in the Subleased Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. With respect to any alterations or additions not defined in Exhibit "A", Tenant shall have the right during the term of this Lease to make such alterations or additions to the PREMISES as Tenant shall deem necessary or desirable in connection with the requirements of its business, which alterations and additions shall be made in all cases subject to the following conditions which Tenant shall observe and perform, unless said alterations or improvements are not material, in which case, the Landlord's approval shall not be required. An alteration shall be conclusively deemed to be material in the event that it changes any structural component of the building, changes the exterior (including windows) of the building, changes the roof of the building or costs in excess of $25,000.00.
(a) Lessee No material alteration or addition shall be undertaken until Tenant has obtained Landlord's prior written approval which the Landlord may not unreasonably withhold.
(b) No material alteration or addition 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. Landlord agrees to join in the application for such permits or authorizations whenever such action is necessary.
(c) All alterations and additions when completed shall be of such a character as not to reduce, or otherwise adversely affect the value of the PREMISES, nor to reduce the size of the building, the cubic content thereof, nor change the character of the PREMISES. Tenant shall make or cause all repairs to be and replacements of such alterations and additions made any alterations, additions or improvements by it in and to the Improved Leased Premises without the prior written consent of Lessor. PREMISES.
(d) All alterations, additions or improvements approved work done by Lessor Tenant shall be made solely at Lessee's expense by a contractor approved by Lessordone promptly, shall be made in a good and workmanlike manner manner, and shall be performed in compliance with the building and zoning laws of the municipality in which the PREMISES are located and in compliance with all laws, ordinances ordinances, order, rules, regulations and requirements of any all federal, state and all Federalmunicipal governments and the appropriate departments, Statecommissions, Municipal and/or other authoritiesboards and officers thereof, and in accordance with the orders, rules and regulations of the Board of Fire Underwriters where the PREMISES are situated or any other body exercising similar functions and having jurisdiction thereof; said alterations or additions shall be constructed and completed free of liens for labor and material supplied or claimed to have been supplied to the PREMISES.
(e) Tenant shall at Tenant's sole cost and expense, at all times when any mortgages to which work is in process in connection with any Tenant alterations or additions after the Improved Leased Premises is subject. Any alterationCommencement Date, addition or improvement made by Lessee under this Section 6maintain Builders Risk casualty insurance policy coverage in the amount of the full replacement cost thereof, and any fixtures Statutory Workmen's Compensation Insurance covering all persons employed in connection with the work and with respect to whom death or injury claims could be asserted against Landlord, Tenant or the PREMISES, general liability insurance for the mutual benefit of Tenant and Landlord by obtaining policies of insurance with the same limitations of coverages as set forth in Article 5, during the period of such construction. All such insurance will be issued by a company or companies authorized to do business in New Hampshire and satisfactory to Landlord, and all such policies (or certificates therefor) shall be delivered to Landlord and shall provide for at least twenty (20) days prior written notice to Landlord of cancellation, except with respect to cancellation on account of non-payment of premiums, which provide for a Ten (10) day notice of cancellation.
(f) All alterations and additions made or installed as a part thereof, shall, at Lessor's option, by Tenant shall be and become the property of Lessor Landlord without payment therefor by Landlord, and shall be surrendered to Landlord upon the expiration or other sooner termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination term of this Lease, and Lessee shall promptly unless Landlord requires Tenant to remove the same at Tenant's expense prior to the expiration or sooner termination of the Lease, and in such event Tenant shall restore the PREMISES to the condition it was in prior to the installation of the said improvements or alterations and additions. If Tenant shall not be in default of any of its obligations under this Lease and all prior defaults shall have been fully cured at the termination of the term hereof, Tenant shall have the right to remove its trade fixtures as shown in the attached exhibit "C" and personal property from the PREMISES provided, however, that Tenant shall, at its own cost and expense, repair any damage caused by such removal and shall have restored the PREMISES to the condition that it was in prior to the installation of Tenant's said trade fixtures and personal property, reasonable wear and tear excepted. Except as above specifically contemplated, Tenant shall not in any manner make or suffer to be made any additions or alterations to or of the PREMISES. Notwithstanding anything in the foregoing to the contrary, Tenant shall be free at all times to bring its own furniture, equipment, and other personal property on the PREMISES, use the same on the PREMISES and remove the same from the PREMISES upon the termination or expiration of this Lease; provided their removal does not cause any damage to the Improved Leased Premises caused by such removalPREMISES.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS.
(a) Lessee shall not make or cause to be made any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal..
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien..
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof..
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor..
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Borrower shall not make alter the exterior, structural, plumbing or cause electrical elements of the Trust Estate 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 be made the Trust Estate costing less than $100,000 without Lender’s consent. For purposes of this Deed of Trust, alterations to the exterior, structural, plumbing or electrical elements of the Trust Estate shall mean:
(i) 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. ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇ GE No. 8004-2212 ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Wilmington, North Carolina If Lender’s consent is required hereunder and Lender consents to the making of any such alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor same shall be made solely by Borrower at Lessee's Borrower’s sole expense by a licensed contractor and according to plans and specifications approved by LessorLender and subject to such other conditions as Lender shall require. Any work at any time commenced on the Trust Estate shall be prosecuted diligently to completion, shall be made in a of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances and requirements the terms of this Deed of Trust. Upon completion of any alterations for which Lender’s consent is required hereunder or any Restoration, Borrower shall promptly provide Lender with (i) evidence of full payment to all laborers and all Federalmaterialmen contributing to the alterations, State(ii) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications, Municipal and/or other authorities, (iii) a certificate of occupancy (if the Board alterations are of Fire Underwriters and any mortgages to which such a nature as would require the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6issuance of a certificate of occupancy), and (iv) any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration other documents or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused information reasonably requested by such removalLender.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Loan Agreement (Jameson Inns Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Grantor shall not make alter the exterior, structural, plumbing or cause electrical elements of the Deed Estate in any manner without the consent of Grantee, which consent shall not be unreasonably withheld or conditioned; provided, however, Grantor may undertake nonstructural alterations to be made the Deed Estate costing less than $100,000 without Grantee’s consent. For purposes of this Deed to Secure Debt, alterations to the exterior, structural, plumbing or electrical elements of the Deed Estate shall mean:
(i) 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. ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇ GE No. 8004-0863 ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Albany, Georgia If Grantee’s consent is required hereunder and Grantee consents to the making of any such alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor same shall be made solely by Grantor at Lessee's Grantor’s sole expense by a licensed contractor and according to plans and specifications approved by LessorGrantee and subject to such other conditions as Grantee shall require. Any work at any time commenced on the Deed Estate shall be prosecuted diligently to completion, shall be made in a of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances and requirements the terms of this Deed to Secure Debt. Upon completion of any alterations for which Grantee’s consent is required hereunder or any Restoration, Grantor shall promptly provide Grantee with (i) evidence of full payment to all laborers and all Federalmaterialmen contributing to the alterations, State(ii) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications, Municipal and/or other authorities, (iii) a certificate of occupancy (if the Board alterations are of Fire Underwriters and any mortgages to which such a nature as would require the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6issuance of a certificate of occupancy), and (iv) any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration other documents or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused information reasonably requested by such removalGrantee.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Loan Agreement (Jameson Inns Inc)
ALTERATIONS AND IMPROVEMENTS. Without the written consent of Landlord, Tenant shall not
(a) Lessee make any changes to the exterior of the Building, or (b) make any addition or alterations to the Leased Premises. Tenant shall not be permitted to make or certain cosmetic changes in order to make the Leased Premises suitable for Tenant’s occupancy and use before and during the Lease Term (hereinafter referred to as “Tenant’s Work”). The scope of the initial Tenant’s Work is attached as Exhibit C and must be approved by Landlord. Tenant shall cause Tenant’s Work to be made any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made done in a good and workmanlike manner by competent, licensed contractors, in strict accordance with the plans and shall be performed specifications approved by Landlord, and in compliance with all applicable laws, ordinances orders, rules, regulations, codes and requirements of any governmental authority affecting Tenant’s Work or the Leased Premises, including, but not limited to, the Americans With Disabilities Act, as it may be amended, and in compliance with any applicable insurance requirements (hereinafter collectively referred to as “applicable law or regulation”). Tenant shall obtain and furnish Landlord at Tenant’s expense any and all Federal, State, Municipal and/or other authorities, certificates and approvals with respect to Tenant’s Work and occupancy of the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subjectthat may be required by any applicable law or regulation. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor Landlord shall have the rightno liability whatsoever for loss, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any injury or damage to the Improved Leased Premises caused by such removal.(a) ▇▇▇▇▇▇’s Work;
(b) All persons to whom these presents may come are put upon notice fixtures, equipment or other property of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor Tenant or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's Tenant’s contractors; or similar lien.
(c) Any contract any other person or agreement the property of any other person. Tenant shall indemnify and hold Landlord harmless from any claim, cost (including reasonable attorneys’ fees) or loss relating to Tenant’s Work and from any claim of nonpayment for labor, equipment, services, materials or supplies any aspect of Tenant’s Work. All debris which accumulates in connection with the rights set forth hereunder ▇▇▇▇▇▇’s Work shall provide that no lien or claim shall thereby be created or arise, or be filed removed daily by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that Tenant at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein sole expense. No person shall be entitled to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien directly or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay indirectly derived through or discharge under Tenant or through or under any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease contained shall be construed to constitute consent by Landlord to the creation of any lien. In the event Tenant causes, suffers or permits the creation of any lien against the Leased Premises, or any part thereof, or a lien is filed because of alleged non-payment by Tenant, Tenant shall cause such lien to be released within ten (10) days after Tenant’s actual notice of the filing thereof, or shall furnish Landlord a bond, in form, with surety, and in an amount satisfactory to Landlord, conditioned to indemnify Landlord against the foreclosure of such lien, and all matters and proceedings related thereto. If required by Landlord, during the performance of Tenant’s Work, Tenant shall maintain Builder’s Risk insurance on a non-reporting basis with “all risk” extended coverage endorsements on a completed value basis for full insurable value covering the Leased Premises from casualty resulting from Tenant’s Work, the interest of Tenant (and its contractors and subcontractors) in all work incorporated in the Leased Premises, and all materials and equipment on or about the Premises or incident to the construction thereof (but not including machinery, tools or equipment used by contractors or subcontractors). Tenant shall also provide Landlord with all other policies and endorsements of insurance required by Landlord, including, but not limited to, Independent Contractor’s coverage in Tenant’s General Liability policy and General Liability policies of insurance from Tenant’s contractors and subcontractors. Landlord shall be named an additional insured under all such policies of insurance which shall be written on terms and by companies satisfactory to Landlord. Tenant shall provide Landlord with copies of the policies and certificates evidencing that such insurance is in full force and effect and stating the terms thereof, prior to commencement of Tenant’s Work. This paragraph shall not apply to the initial Tenant’s Work set forth on Exhibit C.
Appears in 1 contract
Sources: Office Lease
ALTERATIONS AND IMPROVEMENTS. Tenant shall bear the expense of all permits, alterations and improvements which are necessary in order to make the Premises suitable for Tenant’s occupancy and use during the Term (a) Lessee hereinafter referred to as “Tenant’s Work”). Tenant shall not make or commence and thereafter complete with due diligence, all of Tenant’s Work. Tenant shall cause Tenant’s Work to be made any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made done in a good and workmanlike manner by competent, licensed contractors, in strict accordance with the plans and shall be performed specifications approved by Landlord, and in compliance with all applicable laws, ordinances orders, rules, regulations, codes and requirements of any and all Federalgovernmental authority affecting Tenant’s Work or the Premises, Stateincluding, Municipal and/or other authoritiesbut not limited to the Americans With Disabilities Act, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6as it may be amended, and in compliance with any fixtures installed applicable insurance requirements (hereinafter collectively referred to as a part thereof“applicable law or regulation”). Tenant shall obtain and furnish Landlord at Tenant’s expense all certificates and approvals with respect to Tenant’s Work and occupancy of the Premises that may be required by any applicable law or regulation. Landlord shall have no liability whatsoever for loss, shallinjury or damage to (a) Tenant’s Work; (b) fixtures, at Lessor's option, become equipment or other property of Tenant or Tenant’s contractors; or (c) any other person or the property of Lessor upon the expiration any other person. Tenant shall indemnify and hold Landlord harmless from any claim, cost (including reasonable attorneys’ fees) or other termination loss relating to Tenant’s Work and from any claim of this Leasenonpayment for any aspect of Tenant’s Work. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies debris which accumulates in connection with Tenant’s Work shall be removed by Tenant at its sole expense. Tenant’s Work shall be constructed under a no-lien contract if permitted under the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any law of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein State. No person shall be entitled to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien directly or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay indirectly derived through or discharge under Tenant or through or under any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorTenant upon the Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event Tenant causes, suffers or permits the creation of any lien against the Premises, or any part thereof, or a lien is filed because of alleged non-payment by Tenant, Tenant shall cause such lien to be released within 10 days after Tenant’s actual notice of the filing thereof, or shall furnish Landlord a bond, in form, with surety, and in an amount satisfactory to Landlord, conditioned to indemnify Landlord against the foreclosure of such lien, and all matters and proceedings related thereto. During the performance of Tenant’s Work, Tenant shall maintain Builder’s Risk insurance on a non-reporting basis with “all risk” extended coverage endorsements on a completed value basis for full insurable value covering the Premises from casualty resulting from Tenant’s Work, the interest of Tenant (and its contractors and subcontractors) in all work incorporated in the Premises, and all materials and equipment on or about the Premises or incident to the construction thereof (but not including machinery, tools or equipment used by contractors or subcontractors). Tenant shall also provide Landlord with all other policies and endorsements of insurance required by Landlord, including but not limited to Independent Contractor’s coverage in Tenant’s General Liability policy and General Liability policies of insurance from Tenant’s contractors and subcontractors. Landlord shall be named an additional insured under all such policies of insurance which shall be written on terms and by companies satisfactory to Landlord, and Landlord and Tenant shall be given not less than 30 days’ written notice by the insurance company prior to cancellation, termination or change in such insurance. Tenant shall provide Landlord with copies of the policies and certificates evidencing that such insurance is in full force and effect and stating the terms thereof, prior to commencement of Tenant’s Work.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee The Tenant may make Improvements to the Premises, but if any such Improvements affect the structure of the Premises or any of the mechanical, electrical or plumbing systems serving the Premises (“Major Alterations”) the Tenant shall not be entitled to make or cause to be made any alterations, additions or improvements to such Major Alterations unless the Improved Leased Premises without the Tenant has obtained prior written consent approval of Lessorthe Landlord, which approval may be arbitrarily or unreasonably withheld. All alterations, additions or improvements approved by Lessor The Tenant’s request for such approval shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner writing and shall be performed in compliance with all lawsaccompanied by an adequate description of the contemplated work and where appropriate, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subjectworking drawings. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor The Landlord shall have the right, however, right to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, inspect and Lessee shall promptly remove the same supervise all Major Alterations both during and repair any damage to the Improved Leased Premises caused by such removalafter construction.
(b) All persons to whom these presents may come are put upon notice Improvements shall be:
(i) performed by qualified workers;
(ii) completed in a good and workmanlike fashion and in compliance with all Laws;
(iii) carried out in a diligent fashion; and
(iv) at the sole expense of the fact that Lessee shall neverTenant, under any circumstances, have the power to subject the interest of Lessor or any mortgagee unless prior arrangements are made for participation in the Improved Leased Premises to any mechanic's, materialman's or similar liencost by the Landlord.
(c) The Tenant acknowledges that the approval of the Landlord shall in no way reduce or otherwise affect the requirement that all Major Alterations be subject to the inspection by and the reasonable supervision of the Landlord. Any contract inspection or agreement for labor, equipment, services, supervision of the Major Alterations by the Landlord will not relieve the Tenant of any of its obligations under this Lease. In no event will any inspection or supervision by the Landlord be a representation that there has been or will be compliance with this Lease or any Laws or that the Major Alterations are free from defective materials or supplies in connection with workmanship. The Landlord will not be liable for any damage to the rights set forth hereunder shall provide that no lien or claim shall thereby be created or ariseTenant, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, other Person or the buildings or improvements thereon to be erected on the Improved Leased Premises or any property of the equipment thereofTenant or of any other Person by reason of such inspection or supervision by the Landlord.
(d) In The Tenant shall obtain all necessary permits, consents or licences for the event of a lien or claim of any kind, arising carrying out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that Improvements at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorown expense.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not Tenant may make or cause to be made any alterationsno alteration, repairs, additions or improvements in, to or about the Improved Leased Premises (collectively, "Tenant Alterations"), without the prior written consent of LessorLandlord, which shall not be unreasonably be withheld, and Landlord may impose as a condition to such consent such requirements as Landlord, in its reasonable discretion, may deem necessary or desirable, including without limitation, (a) the right to approve the plans and specifications for any work, (b) the right to require insurance satisfactory to Landlord, (c) the right to require evidence of Tenant's ability to make full payment for any work, (d) requirements as to the manner in which or the time or times at which work may be performed and (e) the right to designate the contractor or contractors to perform Tenant Alterations which affect the fire sprinkler or life safety systems of the Hotel. All alterations, additions or improvements approved by Lessor Tenant Alterations shall be made solely at Lesseecompatible with a first class hotel/casino complex and completed in accordance with Landlord's expense by a contractor approved by Lessorrequirements and all applicable rules, regulations and requirements of governmental authorities and insurance carriers. Tenant shall pay to Landlord Landlord's reasonable charges (which shall be made in a good assessed by Landlord at its cost, without profit) for reviewing and workmanlike manner and shall be performed in inspecting all Tenant Alterations to assure full compliance with all of Landlord's requirements. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, ordinances ordinances, codes, rules or regulations. Further, Tenant shall indemnify, protect, defend and requirements hold Landlord harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any and defects in design, materials or workmanship resulting from Tenant Alterations. If requested by Landlord, Tenant shall provide Landlord with copies of all Federalcontracts, Statereceipts, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6paid vouchers, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies documentation in connection with the rights set forth hereunder construction of such Tenant Alterations. Tenant shall provide that no lien promptly pay all costs incurred in connection with all Tenant Alterations. Notwithstanding the foregoing provisions of this Article 9, Landlord's prior consent shall not be required with respect to any Tenant Alteration which (i) costs less than Twenty-Five Thousand Dollars ($25,000); (ii) does not materially affect the interior or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any exterior appearance of the equipment thereof.
Premises; and (diii) In the event of a lien does not affect fire sprinklers, life safety, plumbing, electrical or claim of any kind, arising out mechanical systems of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorHotel.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not Tenant may make or cause to be made any alterationsno alteration, repairs, additions or improvements in, to or about the Improved Leased Premises (collectively, "TENANT ALTERATIONS"), without the prior written consent of LessorLandlord, and Landlord may impose as a condition to such consent such requirements as Landlord, in its reasonable discretion, may deem necessary or desirable, including without limitation, (a) the right to approve the plans and specifications for any work, (b) the right to require insurance satisfactory to Landlord, (c) with respect to Tenant Alterations costing more than $25,000, the right to require security for the full payment for any work, (d) requirements as to the manner in which or the time or times at which work may be performed and (e) the right to approve the contractor or contractors to perform Tenant Alterations and the right to designate such contractor with respect to work which could affect the fire sprinkler or life safety systems of the Hotel. All alterations, additions or improvements approved by Lessor Tenant Alterations shall be made solely at Lesseecompatible with a first class hotel/casino complex and completed ill accordance with Landlord's expense by a contractor approved by Lessorrequirements and all applicable rules, regulations and requirements of governmental authorities and insurance carriers. Tenant shall be made in a good pay to Landlord Landlord's reasonable charges (without profit to Landlord) for any engineering review and workmanlike manner and shall be performed in inspection of all Tenant Alterations to assure full compliance with all of Landlord's requirements. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, ordinances ordinances, codes, rules or regulations. Further, Tenant shall indemnify, protect, defend and requirements hold Landlord harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any and defects in design, materials or workmanship resulting from Tenant Alterations. If requested by Landlord, Tenant shall provide Landlord with copies of all Federalcontracts, Statereceipts, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6paid vouchers, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies documentation in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect construction of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or Tenant Alterations. Tenant shall promptly pay all costs incurred in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and connection with all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorTenant Alterations.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing $250,000 or less without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing more than $250,000, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any related documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same ownership by Lessor of such addition or alteration. Lessor and repair Lessee acknowledge and agree that their relationship is and shall be solely that of “Lessor-Lessee” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any damage to the Improved Leased Premises caused by such removal.
(b) All other persons to whom these presents may come are put upon notice now or hereafter contracting with Lessee, any contractor or subcontractor of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in other Lessee party for the Improved Leased Premises to furnishing of any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials materials, supplies or supplies in connection equipment with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or respect to any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any portion of the equipment thereof.
(d) In Properties at any time from the event of a lien or claim of any kind, arising out date hereof until the end of the exercise of the rights set forth hereunder by LesseeLease Term, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, are hereby charged with notice that they look exclusively to Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by obtain payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorfor same.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing $250,000 or less without Lessor’s prior written consent. If ▇▇▇▇▇▇’s consent is required hereunder and ▇▇▇▇▇▇ consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing more than $250,000, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) Lessee shall not make or cause an architect’s certificate certifying the alterations to be made any alterations, additions or improvements to have been completed in conformity with the Improved Leased Premises without plans and specifications (if the prior written consent alterations are of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by such a contractor approved by Lessor, shall be made in nature as would require the issuance of such a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, certificate from the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
architect); (b) All persons to whom these presents may come a certificate of occupancy (if the alterations are put upon notice of such a nature as would require the fact that Lessee shall never, under any circumstances, have the power to subject the interest issuance of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
a certificate of occupancy); and (c) Any contract any related documents or agreement for labor, equipment, services, materials or supplies in connection with information reasonably requested by Lessor. Lessee shall keep the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or Properties free from any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, liens arising out of any work performed on, or materials furnished to, the exercise Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not responsible for the payment of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to Properties shall be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court deemed a part of the amount necessary to relieve Properties and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory belong to Lessor, and ▇▇▇▇▇▇ shall execute and deliver to Lessor such instruments as Lessor may require to evidence the ownership by Lessor of such addition or alteration. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ acknowledge and agree that their relationship is and shall be solely that of “Lessor- Lessee” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any mortgagee other persons now or hereafter contracting with Lessee, any contractor or subcontractor of Lessor. If Lessee desires to contest or any other Lessee party for the validity furnishing of any lien labor, services, materials, supplies or claimequipment with respect to any portion of the Properties at any time from the date hereof until the end of the Lease Term, are hereby charged with notice that they look exclusively to Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorobtain payment for same.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make or cause to be made any alterations, additions or improvements to the Improved Leased Premises (the "Alterations") without the Landlord's prior written consent, except for interior wall finishes and floor finishes. Landlord's consent to any proposed non-structural alterations shall not be unreasonably withheld or delayed. In no event shall Alterations reduce the size or cubic content of Lessorthe Premises or reduce the value of the Premises, nor shall Tenant be permitted to construct or install any basement or second floor in the Premises or expand or supplement any mezzanine in the Premises. Tenant shall submit to Landlord detailed plans and specifications for Alterations requiring Landlord's consent and reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review thereof. Tenant shall also provide to Landlord for its reasonable approval the identity of the contractor Tenant proposes to employ to construct the Alterations. All alterations, additions or improvements approved by Lessor Alterations shall be made solely at Lessee's expense by accomplished in accordance with the following conditions:
(1) Tenant shall procure all governmental permits and authorizations for the Alterations, and obtain and provide to Landlord a contractor approved by Lessorpermanent certificate of occupancy and/or compliance upon completion of the Alterations, if appropriate.
(2) Tenant shall be made arrange for extension of the general liability insurance provided for in Section 8(a) to apply to the construction of the Alterations. Further, Tenant shall procure and maintain Builders Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering persons employed in connection with the work. All such insurance shall conform to the requirements of Section 8(a).
(3) Tenant shall construct the Alterations in a good and workmanlike manner utilizing materials of first class quality and shall be performed in compliance with all lawslaws and governmental regulations.
(4) Tenant shall employ only labor compatible with the labor forces employed by Landlord and its contractors and subcontractors, ordinances and requirements shall take all actions reasonably required to prevent labor conflicts, including compliance with all union rules and regulations established by union contracts with the labor forces employed by Landlord, its contractors and subcontractors.
(b) Upon completion of the Alterations, Tenant shall provide Landlord with "as built" reproducible transparency plans of the Alterations and AutoCad disks thereof.
(c) Alterations shall be the property of Landlord and shall remain on the Premises upon termination of the Lease, or, if Landlord so requires, a portion of or all Alterations shall be removed by Tenant on or prior to the termination of the Lease and Tenant shall restore the Premises to their condition prior to such Alterations.
(d) Tenant shall not during the period from October 15th through January 31st perform any Alterations except in connection with Tenant's initial build-out.
(e) Tenant agrees that its construction activities and Alterations shall not:
(i) cause any increase in the cost of constructing improvements upon the Premises Site and/or the remainder of the Shopping Center;
(ii) unreasonably interfere with construction work being performed on the Premises Site or any other part of the Shopping Center;
(iii) unreasonably interfere with the use, occupancy or enjoyment of any part of the remainder of the Shopping Center by any other party entitled to the use and occupancy of any portion of the Shopping Center, and the employees, agents, contractors, customers, vendors, suppliers, visitors, and invitees of such other party;
(iv) cause any building located on the Shopping Center to be in violation of any law, rule, regulation, order or ordinance authorized by any city, county, state, federal government, or any department or agency thereof.
(f) Provided and on condition that Tenant has not assigned this Lease or sublet all or any portion of the Premises, Tenant may erect on the roof of the Building, at Tenant's sole cost and expense, up to three (3) satellite antenna/dish transmission/reception devices (the "Antennas") subject to the terms and conditions set forth in this Section 14 of the Lease and subject further to the terms and conditions set forth hereinafter. Prior to installing the Antennas, Tenant shall provide Landlord with plans and specifications therefor, as well as structural calculations and such other information pertaining to the Antennas as Landlord may reasonably require. Landlord's prior consent to such plans and specifications, as well as the location, manner of installation and control of the Antennas shall be required. Tenant shall, within ten (10) days of being billed therefor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtain, at its sole cost and expense, all governmental permits and approvals required for the installation and use of the Antennas. Tenant shall install the Antennas in a good and workmanlike manner using a roofing contractor designated by Landlord. Once installed, the Antennas shall be deemed to be a part of the Premises and all Federalreferences in this Lease to the Premises shall include said Antennas. Tenant shall be solely responsible, Stateat its sole cost and expense, Municipal for the maintenance and repair of the Antennas, and shall indemnify and hold harmless Landlord from and against all liability, claims or costs, including reasonable legal fees, arising from the installation and/or other authoritiesuse of the Antennas. Tenant shall also be responsible for the repair of any damage to the Building or the roof caused by the installation and/or use of the Antennas and Tenant shall assume full responsibility for the cost of repair and/or use of the Antennas. Tenant agrees that in the event that any repair or replacement of the roof is required, Tenant will use the roofing contractor designated by Landlord. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Antennas. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Board Antennas does not perform to the expectations of Fire Underwriters Tenant. In using the Antennas, Tenant agrees: (i) not to disrupt, adversely affect or interfere with any other tenant's or other occupant's use and enjoyment of its leased premises or any mortgages to which other part of the Improved Leased Premises is subject. Any alteration, addition Shopping Center or improvement made by Lessee under this Section 6the Excluded Parcel, and (ii) not to disrupt, adversely affect or interfere with any fixtures installed as a part thereofother providers of telecommunications services to the Building and/or the Shopping Center and/or the Excluded Parcel. Tenant agrees not to grant any third parties the right to utilize in any manner, shallor otherwise benefit from, at Lessor's optionthe Antennas. Tenant further agrees that Landlord may install and operate, and may permit the installation and operation by others of, additional satellite antenna/dish transmission/reception devices in the Shopping Center and on the Excluded Parcel. The Antennas shall become the property of Lessor Landlord and shall remain on and be surrendered with the Premises in good working order and repair upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such earlier termination of this Lease, and Lessee unless Landlord shall promptly notify Tenant that it desires the Antennas to be removed at the expiration or earlier termination of this Lease, in which event Tenant agrees to remove the same Antennas and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons . Tenant's failure to whom these presents may come are put upon notice timely comply with the immediately preceding sentence shall constitute a holding over of the fact that Lessee shall neverPremises by Tenant until such time as the Antennas is removed and any damage caused by such removal is repaired by Tenant. In addition, under if, on or before the Expiration Date, Tenant fails to both remove the Antennas and repair any circumstancesdamage caused thereby, have then, Landlord may, at Tenant's sole cost and expense, remove the power Antennas without compensation to subject Tenant, discard it without liability to Landlord, and restore any damage caused by the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any removal of the equipment thereofAntennas.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Tenant shall not alter the exterior, structural, plumbing or electrical elements of the Property in any manner without the consent of Landlord, which consent shall not be unreasonably withheld or conditioned; provided, however, Tenant may undertake nonstructural alterations to the Property costing less than $75,000 in the aggregate per year without Landlord’s prior written consent. If Landlord’s consent is required hereunder and Landlord consents to the making of any such alterations, the same shall be made by Tenant at Tenant’s sole expense by a licensed contractor and according to plans and specifications approved by Landlord and subject to such other conditions as Landlord shall reasonably require. Any work at any time commenced by Tenant on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the teens of this Lease and all Legal Requirements. Upon completion of any alterations costing $75,000 or more, Tenant shall promptly provide Landlord with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Tenant shall promptly provide Landlord with
(a) Lessee shall not make or cause to be made any alterations, additions or improvements to an architect’s certificate certifying the Improved Leased Premises without alterations have been completed in conformity with the prior written consent plans and specifications (if the alterations are of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by such a contractor approved by Lessor, shall be made in nature as would require the issuance of such a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, certificate from the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.architect);
(b) All persons to whom these presents may come a certificate of occupancy (if the alterations are put upon notice of such a nature as would require the fact that Lessee shall never, under any circumstances, have the power to subject the interest issuance of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.a certificate of occupancy); and
(c) Any contract any other documents or agreement for labor, equipment, services, materials or supplies in connection with information reasonably requested by Landlord. Tenant shall keep the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or Property free from any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, liens arising out of any work performed on, or materials furnished to, the exercise Property. Tenant shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable law in the state where the Property is located which provides that Landlord is not responsible for the payment of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractorsProperty shall be deemed a part of the Property and belong to Landlord, and materialmen, being filed against Tenant shall execute and deliver to Landlord such instruments as Landlord may require to evidence the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect ownership by Landlord of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Lease Agreement (Stryve Foods, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) After Completion of the Lessor’s Work, Lessee or any of its assignees or subtenants shall not have the right, in accordance with this Section 22, to make or cause to be made any alterations, additions alterations or improvements to the Improved Leased Premises for the purpose of its business or the business of its assignees or subtenants (“Lessee Change”); provided, that (i) for any Lessee Change having a cost in excess of Fifty Thousand Dollars ($50,000), Lessee shall give Lessor written notice of any Lessee Change prior to commencement of any work and provide a set of plans and specifications for the proposed Lessee Change; (ii) no Lessee change may affect any structural element of the Buildings or system in the Buildings, nor be visible from the exterior of the Buildings without the prior written consent of Lessor. All alterations, additions not to be unreasonably withheld or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, denied; (iii) all Lessee Changes shall be made in a good accordance with the requirements of all governmental authorities having jurisdiction thereover and workmanlike manner the Permitted Exceptions; and shall (iv) no Lessee Change may cause the value of the property to be performed materially diminished thereby. Lessor agrees to sign promptly, at no expense or liability to Lessor, applications, permits or consents which may be required by public authorities in connection with alterations, improvements, or stockroom additions to the Premises which are in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 622 and are requested by Lessee, its assignees or subtenants. Subject to the following sentence, Lessor may require Lessee to have all or any portion of such items designated by Lessor to be removed from the Premises upon the expiration or earlier termination of this Lease (except in the event of an early termination that is the result of Lessee’s purchase of the Premises), or to remain in the Premises, in which event they shall be and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other earlier termination of this Lease. Lessee may request Lessor shall have to identify whether or not a particular Lessee Change will be required to be removed at the righttime that Lessee seeks Lessor’s consent for such Lessee Change, howeveror if no consent is required for a particular Lessee Change, Lessee may seek such determination prior to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and its construction. Lessee shall promptly remove the same and repair any all damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor installation or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim removal of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorChanges.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make or cause to be made any alterationsnot, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All Landlord, which consent shall not be unreasonably withheld or delayed, make any alterations, improvements or additions to the Premises and/or the Storage Area (hereinafter referred to as a "Change"). Tenant's reconfiguration of its office units shall not require Landlord's consent unless such reconfiguration results in alterations to the Building's HVAC, electrical, plumbing or improvements approved by Lessor other utility system. If Landlord consents to a Change it may impose such conditions with respect thereto as Landlord, acting in its reasonable discretion, deems appropriate, including without limitation, requiring Tenant to furnish Landlord security for the payment of all costs to be incurred in connection with the Change, insurance against liabilities which may arise out of such work and the plans and specifications naming Landlord as an additional insured together with all necessary permits for such Change. The work necessary to make the Change shall be made solely done at LesseeTenant's expense by employees or contractors selected by Tenant and, with respect to a contractor Change, approved by LessorLandlord, which approval shall not be made in a good and workmanlike manner unreasonably withheld or delayed, and shall be performed in compliance with all lawssuch manner and at such times as Landlord shall direct to minimize disturbance to other tenants (and without limiting the generality of the foregoing, ordinances and requirements Tenant acknowledges that Landlord may withhold its consent to the use of any and all Federalemployees or contractors selected by Tenant if, State, Municipal and/or other authoritiesin Landlord's judgment, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect retention of such lien employees or claimcontractor might delay, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.hinder or
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Property in any manner STORE / RT Logic (Kratos) Second A&R Lease Agreement File No. 7210/02-525.1 4816-6651-1278.2 without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Property, individually, costing less than $150,000 (such limit shall increase by 2.0% each Lease year) without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $150,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Property free from any liens arising out of any work performed on, or materials furnished to, the Property. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the state where the Property is located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Property shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Property and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may reasonably require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Lease Agreement (Kratos Defense & Security Solutions, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall is taking the Premises “as is,” and Lessor is not obligated to make or cause to be made any alterations, additions or improvements modifications to the Improved Leased Premises without in order to accommodate Lessee. Provided it obtains the prior written consent of Lessor, which consent shall not be unreasonably withheld, Lessee, at its sole expense, will construct an obstruction such as a chain-link fence to enclose and separate the Premises from the other space in the Building, and may from time to time make whatever alterations and additions to the Premises and construct whatever additional improvements on the Premises as Lessee deems necessary or desirable in the conduct of its activities on the Premises, provided the same when completed will not result in a material reduction of the value of the Premises. All Any and all alterations, additions or additions, additional improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, and buildings shall be made in a good and workmanlike manner and shall be performed in compliance with all statutes, laws, ordinances ordinances, rules and requirements regulations of any governmental authority having jurisdiction of the Premises. In addition, Lessee shall, prior to commencing any alterations, additions, additional improvements and buildings, obtain all Federalnecessary permits and licenses from the appropriate governmental authorities. Lessee shall also indemnify and hold Lessor harmless from and against all statutory liens or claims or liens of any contractor, Statesubcontractor, Municipal and/or materialman, laborer or any other authoritiesparty which may arise in connection with any alteration, addition, additional improvement or building to the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subjectPremises. Any alteration, addition addition, additional improvement or improvement made building installed or placed on the Premises by Lessee under this Section 6may be removed by Lessee at any time, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require provided Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair repairs any damage to the Improved Leased Premises caused by such said removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Lease Agreement (Vitacost.com, Inc.)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Property in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake alterations to the Property, individually, costing less than $100,000 (provided that the total for any twelve month period is not greater than $250,000) without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $100,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been substantially completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Property free from any liens arising out of any work performed on, or materials furnished to, the Property (or, at Lessee’s election, Lessee shall bond over such liens or have a title endorsement issued to Lessor’s owner’s policy which insures over such liens). Any addition to or alteration of the Property that isn’t removable and that becomes permanently part of the Property (but not make including any replacements for the Special Equipment (as defined in the Purchase and Sale Agreement) whether or cause not such Special Equipment that is deemed to be made any alterations, additions or improvements to real property under the Improved Leased Premises without laws of the prior written consent State of Lessor. All alterations, additions or improvements approved by Lessor Illinois) shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Property and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee The Tenant shall not make or cause to be have made any alterations, additions improvements, decorations, installations and substitutions (collectively called “Tenant’s Improvements”) in, of or improvements to the Improved Leased Demised Premises without the prior written consent of Lessor. All the Landlord in each instance; provided, however, that, except as to structural alterations, additions improvements or additions, such consent shall not be unreasonably withheld. Unless otherwise specified in the consent referred to in this Section 10, any improvements approved or alterations in the Demised Premises made by Lessor the Tenant (including, without limitation, permanent partitions, wall paneling and lighting fixtures, but excepting the Tenant’s Property (as defined in Section 11) shall be made solely at Lessee's expense by a contractor approved by Lessorand remain the property of the Landlord and, except as provided in Section 18, shall remain upon and be made surrendered with the Demised Premises at the termination of the term of this lease. The work necessary to make any such Tenant alterations, improvements or additions to the Demised Premises shall be done at the Tenant’s expense. The Tenant shall promptly pay to the Tenant’s contractors when due, the cost of all such work and of all repairs to the Building required by reason thereof. Upon completion of such work, the Tenant shall deliver to the Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or 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 and for final approval thereof upon completion, and shall cause the Tenant’s Improvements to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements using only good grades of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lienmaterials.
(c) Any contract or agreement The Tenant’s Improvements shall not constitute the basis for labora claim against the Landlord, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no nor a lien or claim shall thereby be created or arise, or be filed by anyone thereunder, charge upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, Land or the buildings or improvements thereon to be erected on the Improved Leased Premises or Building, and if at any of the equipment thereof.
(d) In the event of a time any such claim, lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being charge shall be filed against the interest Land or the Building, the Tenant shall cause such claim, lien or charge to be properly released of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will record within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessorfiling thereof, and any mortgagee of Lessorif the Tenant shall fail to do so, then the Landlord may discharge the same. If Lessee desires to contest The Tenant shall defend, indemnify and save harmless the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, Landlord from and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liabilitysuch claims, loss liens and charges, and all costs and expenses, including reasonable attorney’s fees, incurred by the Landlord in procuring the discharge of any such claim, lien or damage sustained by Lessor by reason charge or in connection with any action or proceeding brought thereon.
(d) The Tenant shall pay for all materials constituting Tenant’s Improvements, and the Tenant agrees that none of such contestmaterials shall be at any time subject to or encumbered by any lien, unless such contest arises from security interest, encumbrance, charge, installment sales contract or the interest of any negligent other person, firm or intentional act corporation whether created voluntarily or omission of Lessorinvoluntarily.
Appears in 1 contract
Sources: Lease Agreement (STR Holdings, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) During the Lease Term, Lessee shall not make alter the exterior, structural, plumbing or cause to be made electrical elements of the Properties or the Improvements in any alterations, additions or improvements to the Improved Leased Premises manner without the prior written consent of Lessor. All alterations, additions which consent shall not be unreasonably withheld or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the rightconditioned; provided, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage may undertake nonstructural alterations to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of Properties or the fact that Lessee shall neverImprovements, under any circumstances, have the power to subject the interest of Lessor or any mortgagee costing less than $500,000 annually in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon aggregate without Lessor's prior written consentconsent:(which may include ancillary work to the plumbing, provided electrical, HVAC and other building systems in compliance with Legal Requirements). If Lessor's consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee sustains at Lessee's sole expense by a licensed contractor. Any work at any time commenced by Lessee on the cost Properties and the Improvements shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations costing $500,000 or more in the aggregate, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect's certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such contest, a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and Lessee remains liable to pay (c) any other documents or discharge any lien or claim deemed to be due or payableinformation reasonably requested by Lessor. Lessee hereby indemnifies shall keep the Properties and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises the Improvements free from any negligent liens arising out of any work performed on, or intentional act materials furnished to, the Properties or omission the Improvements. Lessee shall execute and file or record, as appropriate, a "Notice of LessorNon-Responsibility," or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not responsible for the payment of any costs or expenses relating to the additions or alterations. In no event may Lessee remove the Improvements from the Property during the Lease Term.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Property in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Property, individually, costing less than $100,000 without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $100,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Property free from any liens arising out of any work performed on, or materials furnished to, the Property. Lessee shall execute and file or record, as appropriate, a “Notice of Non‑Responsibility,” or any equivalent notice permitted under applicable Law in the state where the Property is located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Property shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Property and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Property in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Property, individually, costing less than $150,000 (such limit shall increase by 2.0% each Lease year) without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such 4830-8668-1413.9 STORE / RT Logic (Kratos) Lease Agreement (Existing Building Area) File No.: 7210/02-525.1 alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $150,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Property free from any liens arising out of any work performed on, or materials furnished to, the Property. Lessee shall execute and file or record, as appropriate, a “Notice of Non‑Responsibility,” or any equivalent notice permitted under applicable Law in the state where the Property is located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Property shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Property and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may reasonably require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Lease Agreement (Kratos Defense & Security Solutions, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) During the Lease Term, Lessee shall not make alter the exterior, structural, plumbing or cause to electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be made unreasonably withheld or conditioned; provided, however, Lessee may undertake any alterationsand all additions, additions modifications, improvements or improvements alterations to the Improved Leased Premises Properties that it deems necessary for the use and occupancy of the Properties without the Lessor’s prior written consent of Lessor. All alterations, additions if such alterations do not adversely affect the structural elements or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice value of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, Properties and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains if the cost of such contestalterations, individually, does not exceed $250,000. If ▇▇▇▇▇▇’s consent is required hereunder and ▇▇▇▇▇▇ consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $100,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations individually costing $250,000 or more, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by ▇▇▇▇▇▇. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not responsible for the payment of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the Properties shall be deemed a part of the Properties and belong to Lessor (excluding, for the avoidance of doubt, any Personalty) and Lessee remains liable shall execute and deliver to pay or discharge any lien or claim deemed Lessor such instruments as Lessor may require to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained evidence the ownership by Lessor by reason of such contest, unless such contest arises from any negligent addition or intentional act or omission of Lessoralteration.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Except as may be provided in the "Work ---------------------------- Letter" attached hereto as Exhibit "E" and made a part hereof, or as otherwise provided in this Lease, Landlord shall not make be required to alter or cause improve the Premises or the Building. Tenant accepts the Premises in an "as is" condition and agrees to be made any alterations, additions perform alterations or improvements to the Improved Leased Premises without in accordance with plans and specifications prepared by a certified architect, all at Tenant's sole cost and expense, subject to Landlord's prior approval, and in accordance with all applicable laws, ordinances, rules and regulations. Prior to commencing any alteration or improvement to the prior written consent Premises, Tenant shall forward to Landlord three (3) sets of Lessorblueprints and one (1) set of sepias of Tenant's proposed work, and Landlord will complete its review of Tenant's plans within three (3) business days. Landlord may in its sole discretion impose requirements as to the manner of performance of any work by or for Tenant in the Premises. All alterations, additions or improvements approved by Lessor work shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made performed in a good and workmanlike manner using quality material and shall be performed promptly completed, lien-free, by a contractor who is insured, bonded and has been pre-approved by Landlord. Prior to the commencement of such work, Tenant or Tenant's general contractor agrees to deliver to Landlord a Certificate of Worker's Compensation insurance in compliance statutory limits from each contractor and subcontractor as well as evidence of automobile insurance, including "non-owned" automobiles, covering personal injury, bodily injury and property damage, including death resulting therefrom, in the combined single limit amount of $1,000,000.00 and comprehensive general liability in the combined single limit amount of $1,000,000.00, with all lawsLandlord listed as an additional named insured. Tenant shall provide Landlord with properly completed lien waivers executed by Tenant's general contractor and, ordinances as to labor and requirements materials valued in excess of any and all Federal$5,000.00, Stateby every subcontractor, Municipal and/or other authoritiesincluding sole proprietorships, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6participating in Tenant's work, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage every material supplier delivering materials directly to the Improved Leased Premises caused by such removalPremises.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) During the Lease Term, Lessee shall not make materially alter the exterior, structural, plumbing or cause to electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be made any alterationsunreasonably withheld, additions delayed or improvements conditioned; provided, however, Lessee may undertake alterations to the Improved Leased Premises Properties, individually, costing $750,000.00 or less without the Lessor’s prior written consent. Notwithstanding the foregoing, any structural or exterior alterations to the Properties shall require the consent of Lessor. All alterations, additions or improvements approved Any work at any time commenced by Lessor Lessee on the Properties shall be made solely at Lessee's expense performed by a contractor approved by Lessorlicensed contractor, prosecuted diligently to completion, shall be made in a of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances the terms of this Lease and requirements all Legal Requirements. Upon completion of any and all Federalalterations individually costing more than $750,000.00, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same provide Lessor with evidence of full payment to all laborers and repair any damage materialmen contributing to the Improved Leased Premises caused by alterations. Additionally, upon written request and completion of any alterations individually costing more than $750,000.00, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such removal.
a nature as would require the issuance of such a certificate from the architect); (b) All persons to whom these presents may come a certificate of occupancy (if the alterations are put upon notice of such a nature as would require the fact that Lessee shall never, under any circumstances, have the power to subject the interest issuance of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
a certificate of occupancy); and (c) Any contract any related documents or agreement for labor, equipment, services, materials or supplies in connection with information reasonably requested by ▇▇▇▇▇▇. Lessee shall keep the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or Properties free from any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, liens arising out of any work performed on, or materials furnished to, the exercise Properties to the extent not being disputed by ▇▇▇▇▇▇. Lessee shall execute and file or record, as appropriate, a “Notice of Non Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not responsible for the payment of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the rights set forth hereunder by LesseeProperties, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to shall be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court deemed a part of the amount necessary to relieve Properties and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory belong to Lessor, and ▇▇▇▇▇▇ shall execute and deliver to Lessor such instruments as Lessor may require to evidence the ownership by Lessor of such addition or alteration. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ acknowledge and agree that their relationship is and shall be solely that of “Lessor-Lessee” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any mortgagee other persons now or hereafter contracting with Lessee, any contractor or subcontractor of Lessor. If Lessee desires to contest or any other Lessee party for the validity furnishing of any lien labor, services, materials, supplies or claimequipment with respect to any portion of the Properties at any time from the date hereof until the end of the Lease Term, are hereby charged with notice that they look exclusively to Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorobtain payment for same.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any improvements, alterations, additions or improvements installations in or to the Improved Leased Premises (hereinafter referred to as "Work") without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided which consent may be withheld in Lessor's sole discretion. Along with any request for Lessor's consent and before commencement of the Work or delivery of any materials to be used in the Work to the Premises or into the Office Complex, Lessee sustains shall furnish Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, an indemnification in such form and amount as may be reasonably satisfactory to Lessor, and a performance bond executed by a commercial surety reasonably satisfactory to Lessor in an amount equal to the cost of such contest, the Work and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payablefor the payment of all liens for labor and material arising therefrom. Lessee hereby indemnifies agrees to defend and holds hold Lessor forever harmless against from any and all liabilityclaims and liabilities of any kind and description which may arise out of or be connected in any way with said improvements, loss alterations, additions or damage sustained installations. All Work shall be done only by contractors or mechanics reasonably approved by Lessor and at such time and in such manner as Lessor may from time to time reasonably designate. All Work done by reason Lessee or its agents, employees or contractors shall be done in such a manner as to avoid labor disputes. Lessee shall pay the cost of all such improvements, alterations, additions or installations (including a reasonable charge for Lessor's services and for Lessor's inspection and engineering time) and the cost of painting, restoring or repairing the Premises and the Office Complex occasioned by such improvements, alterations, additions or installations. Upon completion of the Work, Lessee shall furnish Lessor with contractor's affidavits, full and final waivers of liens and receipted bills covering all labor and materials expended and used. The Work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be constructed in a good and workmanlike manner. Lessee shall permit Lessor to inspect construction operations in connection with the Work. Lessee shall not be allowed to make any improvements, alterations, additions or installations if such action results or would result in a labor dispute or otherwise would materially interfere with Lessor's operation of the Office Complex. Lessor, by written notice to Lessee given at or prior to termination of this Lease, may require Lessee, at Lessee's sole cost and expense, to remove any improvements, alterations, additions or installations installed by Lessee in the Premises and to repair or restore any damage caused by the installation and removal of such contestimprovements, unless such contest arises alterations, additions or installations; provided, however, the only improvements, alterations, additions or installations which Lessee shall remove shall be those specified in Lessor's notice. Lessee shall keep the Premises and the Office Complex free from any negligent liens arising out of any work performed, material furnished or intentional act obligations incurred by Lessee, and shall indemnify, protect, defend and hold harmless Lessor from any liens and encumbrances arising out of any work performed or omission material furnished by or at the direction of Lessor.Lessee. In the event that Lessee shall not, within twenty (20) days following the imposition of any such lien, cause such lien to be released of record by payment or posting of a proper bond, Lessor shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of and/or defense against the claim giving rise to such lien. All such sums paid by Lessor and all expenses incurred by it in connection therewith, including attorney's fees and costs, shall be payable as Additional Rent to
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Property in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Property, individually, costing less than $150,000 (such limit shall increase by 2.0% each Lease year) without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $150,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Property free from any liens arising out of any work performed on, or materials furnished to, the Property. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the state where the Property is located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Property shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Property and belong 4820-2439-8970. 3 STORE I RT Logic (Kratos) Amended and Restated Lease Agreement File No: 7210/02-525.1 to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may reasonably require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Lease Agreement (Kratos Defense & Security Solutions, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) a0 Lessee shall not make or cause to be made any no alterations, additions or improvements to any part of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided which may be given or withheld in lessor's absolute discretion. Lessor may impose those conditions to its consent that Lessor deems appropriate, including, without limitation, a requirement that a contractor or ▇▇▇▇▇▇▇ of Lessor's choice perform all work required in connection with such alteration, addition, or improvement and that, prior to the commencement of any work, Lessee sustains pay all anticipated costs to Lessor for alter disbursement to said contractor. All alterations, additions, or improvements (or any part of them ), whether temporary or permanent in nature (except only movable office furniture0 shall, at the cost option of Lessor, become the property of lessor without compensation to Lessee and be surrendered with the Premises at the expiration or termination of this Lease. Notwithstanding any of the foregoing, Lessor may require Lessee to remove such contestalterations, additions or improvements (or any part of them) at the termination of this Lease. Lessee agrees to indemnify and hold Lessor and the Premises free from any liability, claim, lien, encumbrance or judgement created or suffered in connection with any labor services, or materials relating to such alterations, additions or improvements. Lessee shall require all contractors, subcontractors, materials suppliers rendering services or materials to waiver and release of all liens and privileges that may exist or arise for work done, all labor performed, and all materials furnished under any contract. In the event that any such waiver and release is not furnished as required, Lessor shall have the right to order the immediate cessation of any work being performed in the Premises, by such contractors or materials suppliers.
(b) Lessee remains liable to pay shall neither cut, drill into, disfigure, deface or discharge injure any lien part of the Building, nor obstruct or claim deemed to be due permit any obstruction, alteration, addition, improvement, or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss installation in the Premises or damage sustained by Lessor by reason the Building with first obtaining the written consent of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorthe lessor.
Appears in 1 contract
Sources: Lease Agreement (Medcross Inc)
ALTERATIONS AND IMPROVEMENTS. (a) During the Lease Term, Lessee shall not make alter the exterior, structural, plumbing or cause to electrical elements of the Property in any manner without the consent of Lessor, which consent shall not be made any alterationsunreasonably withheld, additions conditioned or improvements delayed; provided, however, Lessee may undertake nonstructural alterations to the Improved Leased Premises Property, individually, costing less than $100,000 without Lessor's prior written consent. Additionally, Lessee shall have the right to make such improvements and alterations to the Property as may be necessary to address changes in Lessee's manufacturing line and equipment without Lessor's prior written consent of Lessor. All alterations, additions as long as such improvements or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice alterations do not impact structural components of the fact that Lessee shall never, under any circumstances, have the power Property. If Lessor fails to subject the interest respond to a request for approval of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will an alteration as contemplated herein within thirty (30) days after of such written notice from request, Lessor shall be irrevocably deemed to have consented to such alteration. If Lessor, cause 's consent is required hereunder and Lessor consents or is deemed to have consented to the Improved Leased Premises and making of any such interest therein alterations, the same shall be made by Lessee at Lessee's sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Property shall be released prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $100,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect's certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the legal effect architect); (b) a certificate of occupancy (if the alterations are of such lien a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or claiminformation reasonably requested by Lessor. Lessee shall keep the Property free from any liens arising out of any work performed on, either by payment or by posting materials furnished to, the Property. Lessee shall execute and file or record, as appropriate, a "Notice of bond Non-Responsibility," or by any equivalent notice permitted under applicable Law in the state where the Property is located which provides that Lessor is not responsible for the payment into court of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the amount necessary to relieve Property shall be deemed a part of the Property and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory belong to Lessor, and any mortgagee of Lessor. If Lessee desires shall execute and deliver to contest Lessor such instruments as Lessor may require to evidence the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost ownership by Lessor of such contestaddition or alteration. Notwithstanding the foregoing, and any trade, manufacture, ornament (including signs) or other fixtures installed or affixed to the Property pursuant to this Section 7.02 by Lessee remains liable related to pay Lessee's trade or discharge any lien business (collectively, "Trade Fixtures") shall be the property of Lessee, regardless of the manner or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason mode of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorattachment thereof.
Appears in 1 contract
Sources: Lease Agreement (Salona Global Medical Device Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make or cause to be made any alterationsnot, additions or improvements to the Improved Leased Premises without the prior written consent of LessorLandlord, make any alterations, improvements or additions to the Premises. If Landlord consents to such alterations, improvements or additions, it may impose such conditions with respect thereto a Landlord deems appropriate, including, without limitation, requiting Tenant to furnish 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 the plans and specifications together with all permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant's expense by employees of or contractors hired by Landlord except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work. All work done by Tenant or its contractors shall be done in a first-class, workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or improvements approved permanent in character, made or paid for by Lessor Landlord or Tenant shall be made solely without compensation to Tenant become Landlord's property at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this LeaseLease by lapse of time or otherwise and shall, unless Landlord requests their removal, be relinquished to Landlord in good condition, ordinary wear excepted. Lessor shall have Landlord agrees to install at its cost and expense the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee items listed in the Improved Leased Premises to any mechanic'sWork Letter attached hereto as Exhibit B, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with which such Work Letter specifies the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on made at the Improved Leased Premises or any cost and expense of the equipment thereof.
(d) In the event Landlord. Landlord hereby approves of a lien or claim of any kindthose alterations, arising out of the exercise of the rights set forth hereunder by Lesseeif any, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein listed in said Exhibit B to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessorperformed at Tenant's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorexpense.
Appears in 1 contract
Sources: Office Building Lease (Hanover Capital Holdings Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any alterations, additions alterations or improvements (each an "Alteration," collectively, "Alterations") which affect the structural components, core components or building systems components of the Premises without first obtaining Lessor's approval, which may not be unreasonably withheld, delayed or conditioned. Lessee may make any other commercially reasonable Alterations to the Improved Leased Premises without Lessor's consent. All such permanent Alterations and improvements shall remain the prior written consent property of Lessor. All alterations, additions or improvements approved by Lessor but Lessee shall be made solely have the right, but not the obligation, at Lessee's expense sole cost and expense, to remove any and all Alterations which can reasonably be disassembled and removed from the Premises upon the expiration or sooner termination of this Agreement. Lessee shall repair any damage to the Property caused by such removal within a contractor approved reasonable amount of time.
(b) All Alterations to be carried out by Lessor, Lessee shall be made performed:
(i) in a good and workmanlike manner and shall be performed free from defects;
(ii) in accordance with detailed plans and specifications reasonably agreed upon by Lessor and Lessee, if such Alterations affect the structural components, core components or building system components of the Premises;
(iii) by contractors reasonably agreed upon by Lessor and Lessee, if such Alterations affect the structural components, core components or building system components of the Premises consistent with applicable labor practices;
(iv) in compliance with all laws, ordinances laws and requirements of any applicable federal, state, county, city and all Federal, State, Municipal and/or other authorities, political subdivisions of the Board of Fire Underwriters country in which the Premises is located and any mortgages to which the Improved Leased Premises is subject. Any alterationboard, addition or improvement made by Lessee under this Section 6bureau, and any fixtures installed as a part thereofcouncil, shallcommission, at Lessor's optiondepartment, become the property of Lessor upon the expiration agency, court, legislative body or other termination of this Lease. Lessor shall have the right, however, instrumentality relating thereto; and
(v) in such a manner so as to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair minimize any damage inconvenience or disturbance to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice use, occupancy and business of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lienLessor.
(c) Any contract If Lessee makes any Alterations, Lessee shall be responsible for any necessary asbestos removal or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or remediation and any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment repairs reasonably required as a result thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Borrower shall not make alter the exterior, structural, plumbing or cause electrical elements of the Trust Estate 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 be made the Trust Estate costing less than $100,000 without Lender’s consent. For purposes of this Deed of Trust, alterations to the exterior, structural, plumbing or electrical elements of the Trust Estate shall mean:
(i) 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 to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor same shall be made solely by Borrower at Lessee's Borrower’s sole expense by a licensed contractor and according to plans and specifications approved by LessorLender and subject to such other conditions as Lender shall require. Any work at any time commenced on the Trust Estate shall be prosecuted diligently to completion, shall be made in a of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances and requirements the terms of this Deed of Trust. Upon completion of any alterations for which Lender’s consent is required hereunder or any Restoration, Borrower shall promptly provide Lender with (i) evidence of full payment to all laborers and all Federalmaterialmen contributing to the alterations, State(ii) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications, Municipal and/or other authorities(iii) a certificate of occupancy (if the alterations ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇ GE No. 8004-3736 ▇▇▇▇, North Carolina are of such a nature as would require the Board issuance of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6a certificate of occupancy), and (iv) any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration other documents or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused information reasonably requested by such removalLender.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Deed of Trust (Jameson Inns Inc)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Property in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Property, individually, costing less than $100,000.00 without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $100,000.00 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Property free from any liens arising out of any work performed on, or materials furnished to, the Property. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the state where the Property is located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Property shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Property and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any alterations, additions alterations or improvements (each an "Alteration," collectively, "Alterations") which affect the structural ---------- ----------- components, core components or building systems components of the Premises without first obtaining Lessor's approval, which may not be unreasonably withheld, delayed or conditioned. Lessee may make any other commercially reasonable Alterations to the Improved Leased Premises without Lessor's consent. All such permanent Alterations and improvements shall remain the prior written consent property of Lessor. All alterations, additions or improvements approved by Lessor but Lessee shall be made solely have the right, but not the obligation, at Lessee's expense sole cost and expense, to remove any and all Alterations which can reasonably be disassembled and removed from the Premises upon the expiration or sooner termination of this Agreement. Lessee shall repair any damage to the Property caused by such removal within a contractor approved reasonable amount of time.
(b) All Alterations to be carried out by Lessor, Lessee shall be made performed:
(i) in a good and workmanlike manner and shall be performed free from defects;
(ii) in accordance with detailed plans and specifications reasonably agreed upon by Lessor and Lessee, if such Alterations affect the structural components, core components or building system components of the Premises;
(iii) by contractors reasonably agreed upon by Lessor and Lessee, if such Alterations affect the structural components, core components or building system components of the Premises consistent with applicable labor practices;
(iv) in compliance with all laws, ordinances laws and requirements of any applicable federal, state, county, city and all Federal, State, Municipal and/or other authorities, political subdivisions of the Board of Fire Underwriters country in which the Premises is located and any mortgages to which the Improved Leased Premises is subject. Any alterationboard, addition or improvement made by Lessee under this Section 6bureau, and any fixtures installed as a part thereofcouncil, shallcommission, at Lessor's optiondepartment, become the property of Lessor upon the expiration agency, court, legislative body or other termination of this Lease. Lessor shall have the right, however, instrumentality relating thereto; and
(v) in such a manner so as to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair minimize any damage inconvenience or disturbance to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice use, occupancy and business of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lienLessor.
(c) Any contract If Lessee makes any Alterations, Lessee shall be responsible for any necessary asbestos removal or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or remediation and any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment repairs reasonably required as a result thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Facilities Sharing Agreement and Lease (Armkel LLC)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any alterationsnot, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld, make any alterations, improvements or additions to the Premises. If Lessor consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Lessor deems appropriate, including without limitation requiring Lessee to furnish Lessor with security for the payment of all costs to be incurred in connection with such work and the plans and specifications together with all permits necessary for such work. The work necessary to make any alterations, improvements or additions to the premises shall be done at Lessee’s expense by employees of or contractors hired by Lessor except to the extent Lessor gives its prior written consent to Lessee’s hiring contractors. Lessee shall promptly pay to Lessor or to Lessee’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Upon completion of such work, Lessee shall deliver to Lessor, if payment is made directly to contractors, evidence of payment, contractor’s affidavits and full and final waivers of all liens for labor, services or materials. Lessee shall defend and hold Lessor and the Land and the Building harmless from all costs, damages, liens and expenses related to such work. Lessor reserves the right to require separate documentation in the event it elects to have third-party financing of any improvements to be performed by Lessor. All work done by Lessee or its contractors shall be done in a first-class, workmanlike manner, using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or improvements approved permanent in character, made or paid for by Lessor or Lessee shall be made solely become Lessor’s property at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this LeaseLease and shall, unless Lessor requests their removal or approves their removal, be relinquished to Lessor in good condition, ordinary wear and tear excepted. In the event Lessee and Lessor agree in writing that certain improvements may be removed, Lessee shall be required to repair any damage occasioned by such removal. Lessor’s permission for removal shall not apply to any telecommunications equipment, switches, or devices owned or leased by Lessee in which title to Lessor shall have the rightnot pass, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Leasein any manner whatsoever, and Lessee shall promptly may remove upon termination of the same and Lease without Lessor consent, subject to Lessee’s obligation to repair any damage to the Improved Leased Premises caused by such removal, not including ordinary wear and tear.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Pine Ridge Business Park Standard Office Lease (Ptek Holdings Inc)
ALTERATIONS AND IMPROVEMENTS. (a) 8.1 Save for the installation of trade fixtures and furnishings, the Lessee shall not will make or cause to be made any no alterations, installations, removals, additions or improvements to in or about the Improved Leased Premises without the Lessor's prior written consent, which consent will not be unreasonably withheld or delayed, and in the event of Lessor. All alterationssuch consent, additions or improvements approved by Lessor shall be made solely all work is done at the Lessee's sole expense and at such times and such manner as the Lessor may reasonably approve.
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 a contractor approved by Lessorreason of work, shall labour, services or material supplied or claimed to have been supplied to the Lessee or for which the Lessee may be made in a good any way obligated, and workmanlike manner and shall if any such builders' lien will at any time be performed in compliance with all lawsfiled against the Land or the Premises whatsoever, ordinances and requirements the Lessee 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.
8.3 All articles of personal property and all Federalbusiness and trade fixtures, Statemachinery and equipment, Municipal and/or other authoritiescabinet work, furniture and movable or immovable partitions owned or installed by the Board Lessee at the expense of Fire Underwriters and any mortgages to which the Improved Leased Lessee in the Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become will remain the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have Lessee and may be removed by the rightLessee at any time during the Term, however, to require provided that the Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and its expense will repair any damage to the Improved Leased premises or the Building caused by such removal of the original installation.
8.4 The Lessor may elect to require the Lessee to remove all or any part of the business and trade fixtures, machinery and equipment, cabinet work, furniture and movable and immovable partitions owned or installed by or on behalf of the Lessee 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 this Lease in which event such removal is done at the Lessee's expense and the Lessee will, at its expense, repair any damage to the Premises or to the Building caused by such removal.
(b) All persons 8.5 If the Lessee does not remove the property set out in Section 8.5 forthwith after written demand by the Lessor, such property will, if the Lessor elects, be deemed to whom these presents become the Lessor's property and the Lessor may come are put upon notice remove the same at the same at the expense of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, removal will be paid by the Lessee forthwith to the Lessor on written demand and Lessee remains liable to pay or discharge the Lessor will not be responsible for any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason to such property because of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorremoval.
Appears in 1 contract
Sources: Lease Agreement (Pcsupport Com Inc)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unresonably delayed, withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing less than $70,000 without Lessor’s prior written consent. Lessor shall respond to any request for consent within ten (10) days of a written request from Lessee detailing the proposed alterations together with plans and specification and any other information Lessor may reasonably require. If Landlord fails to respond in writing within such 10-day period, the request shall be deemed approved under this Lease. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $10,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Master Lease Agreement (21st Century Oncology Holdings, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) During the Lease Term, Lessee shall not make alter the exterior, structural, plumbing or cause to electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be made unreasonably withheld or conditioned; provided, however, Lessee may undertake any alterationsand all additions, additions modifications, improvements or improvements alterations to the Improved Leased Premises that it deems necessary for the use and occupancy of the Premises without the Lessor’s prior written consent of Lessor. All alterations, additions if such alterations do not adversely affect the structural elements or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice value of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, Properties and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains if the cost of such contestalterations, individually, does not exceed $100,000. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $100,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations individually costing $100,000 or more, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non‑Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not responsible for the payment of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the Properties shall be deemed a part of the Properties and belong to Lessor (excluding, for the avoidance of doubt, any Personalty) and Lessee remains liable shall execute and deliver to pay or discharge any lien or claim deemed Lessor such instruments as Lessor may require to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained evidence the ownership by Lessor by reason of such contest, unless such contest arises from any negligent addition or intentional act or omission of Lessoralteration.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Tenant shall not alter the exterior, structural, plumbing or electrical elements of the Premises in any manner without the consent of Landlord, which consent shall not be unreasonably withheld or conditioned; provided, however, Tenant may undertake (a) Lessee shall not make or cause nonstructural alterations to the Premises, individually, costing less than $150,000, and (b) modifications required by the OEM manufacturer of the vehicles to be sold on the Premises, without Landlord’s prior written consent. If Landlord’s consent is required hereunder and Landlord consents to the making of any such alterations, the same shall be made by Tenant at Tenant’s sole expense by a licensed contractor and according to plans and specifications reasonable approved by Landlord and subject to such other conditions as Landlord shall reasonably require. Any work at any time commenced by Tenant on the Premises shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $150,000 or more, Tenant shall promptly provide Landlord with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee Tenant shall promptly remove provide Landlord with (a) an architect’s certificate certifying the same alterations to have been completed in conformity with the plans and repair any damage to specifications (if the Improved Leased Premises caused by alterations are of such removal.
a nature as would require the issuance of such a certificate from the architect); (b) All persons to whom these presents may come a certificate of occupancy (if the alterations are put upon notice of such a nature as would require the fact that Lessee shall never, under any circumstances, have the power to subject the interest issuance of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
a certificate of occupancy); and (c) Any contract any other documents or agreement for labor, equipment, services, materials or supplies in connection with information reasonably requested by Landlord. Tenant shall keep the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or free from any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, liens arising out of any work performed on, or materials furnished to, the exercise Premises. Tenant shall execute and file or record, as appropriate, a “Notice of Non‑Responsibility,” or any equivalent notice permitted under applicable Law in the state where the Premises is located which provides that Landlord is not responsible for the payment of any costs or expenses relating to the additions or alterations. Any addition to or alteration of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractorsPremises shall be deemed a part of the Premises and belong to Landlord, and materialmen, being filed against Tenant shall execute and deliver to Landlord such instruments as Landlord may be required to evidence the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect ownership by Landlord of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Lease Agreement (Modiv Inc.)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing $250,000 or less without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing more than $250,000, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any related documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non‑Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same ownership by Lessor of such addition or alteration. Lessor and repair Lessee acknowledge and agree that their relationship is and shall be solely that of “Lessor-Lessee” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any damage to the Improved Leased Premises caused by such removal.
(b) All other persons to whom these presents may come are put upon notice now or hereafter contracting with Lessee, any contractor or subcontractor of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in other Lessee party for the Improved Leased Premises to furnishing of any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials materials, supplies or supplies in connection equipment with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or respect to any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any portion of the equipment thereof.
(d) In Properties at any time from the event of a lien or claim of any kind, arising out date hereof until the end of the exercise of the rights set forth hereunder by LesseeLease Term, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, are hereby charged with notice that they look exclusively to Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by obtain payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorfor same.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make or cause to be made perform, or permit the making or performance of, any initial or subsequent tenant finish work or any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterationsinstallations, decorations, improvements, additions or improvements approved by Lessor other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord shall be under no obligation to allow Alterations of any kind and may withhold its consent without cause. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made solely at Lessee's expense by a contractor approved by Lessor, and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense in a good and workmanlike manner manner. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. Tenant shall submit to Landlord detailed plans and specifications (including architectural layout, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord a certificate evidencing worker's compensation insurance coverage for all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies and shall be in form and amounts satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. Tenant shall cause its contractor and each subcontractor to provide Landlord with a Certificate of Completion of the Alterations and a Bills Paid Affidavit and full Lien Waiver. Tenant shall, if required by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with all applicable laws, ordinances orders, rules, COMMERCIAL LEASE AGREEMENT - PAGE 14 -------------------------- LEASE 2 standards and requirements regulations of any and all Federal, State, County, and Municipal and/or other authorities, including, without limitation, all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the local Board of Fire Underwriters or any similar body ("Applicable Laws"). Landlord's approval shall not in any way be considered an indication that the plans and specifications comply with Applicable Laws. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any mortgages lien, encumbrance, chattel mortgage or title retention or security agreement. Whether such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises or subsequently, Tenant agrees to make proper application for, and obtain, a Building Permit and a Certificate of Occupancy from the city in which the Improved Leased Premises is subjectare located. Any alteration, addition or improvement made by Lessee under this Section 6, Tenant shall furnish copies of such permit and any fixtures installed as a part thereof, shall, at Lessor's option, become the property certificate to Landlord promptly after issuance of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removalsame.
(b) All persons appurtenances, fixtures, improvements, and other property attached to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee installed in the Improved Leased Premises to any mechanic'sPremises, materialmanwhether by Landlord or Tenant or others, and whether at Landlord's expense or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of LessorTenant's expense, or the buildings or improvements thereon joint expense of Landlord and Tenant, shall be and remain the property of Landlord, except that any such fixtures, improvements, additions, and other property which have been installed at the sole expense of Tenant and which are removable without material damage to be erected on the Improved Leased Premises or shall be and remain the property of Tenant. If no event of default has occurred, Tenant may, and if Landlord so elects Tenant shall, remove any property belonging to Tenant at the end of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractorsterm hereof, and materialmenTenant shall repair or, being filed against the interest of Lessorat Landlord's option, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein shall pay to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains Landlord the cost of repairing any damage arising from such contestremoval. Any replacements of any property of Landlord, whether made at Tenant's expense or otherwise, shall be and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason remain the property of such contest, unless such contest arises from any negligent or intentional act or omission of LessorLandlord.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any modifications, improvements, alterations, additions or improvements installations in or to the Improved Leased Premises (hereinafter referred to in this paragraph as the "work") without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided which consent may be withheld in Lessor's sole and absolute discretion. Along with any request for Lessor's consent and before commencement of any work or delivery of any materials to be used in any work to the Premises or into the Shopping Center, Lessee sustains shall furnish Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and Licenses, an indemnification in such form and amount as may be reasonably satisfactory to Lessor, and a performance bond executed by a commercial surety reasonably satisfactory to Lessor in an amount equal to the cost of the work and for the payment of all liens for labor and material arising therefrom. Lessee agrees to defend and hold Lessor harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with said modifications, improvements, alterations, additions or installations. All such contestwork shall be done only by contractors or mechanics reasonably approved by Lessor and at such time and in such manner as Lessor may from time to time reasonably designate. Lessee shall pay the cost of all such modifications, improvements, alterations, additions or installations, and also the cost of painting, restoring or repairing the Premises and the Shopping Center occasioned by such modifications, improvements, alterations, additions or installations. Upon completion of the work, Lessee shall furnish Lessor with contractor's affidavits and full and final waivers of liens. All such work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities including without limitation the Act (as herein defined) and shall be constructed in a good and workmanlike manner. Lessee shall permit Lessor to inspect construction operations in connection with any such work. Lessee or Lessee's contractor shall perform all work in such manner as to avoid materially interfering with Lessor's operation of the Shopping Center Tract and to avoid any labor dispute or stoppage or impairment of other construction activities at the Shopping Center. In the event that any such stoppage or impairment of work occurs or any such labor dispute or potential dispute arises, then Lessee shall undertake such action necessary to eliminate such stoppage, improvement or dispute, including, without limitation: (a) removing all disputants from the job site until such time as the dispute no longer exists, (b) seeking a temporary restraining order or other injunctive relief with regard to illegal union activities or breach of contract between Lessee and Lessee's contractors, or (c) filing such unfair labor practice charges as may be appropriate. Notwithstanding anything to the contrary contained herein, Lessee shall be permitted to perform work not affecting the structural, electrical or mechanical systems of the Premises or the Shopping Center which does not in the aggregate cost more than $5,000.00 in any twelve (12) month period (but subject to all the other terms of this Article other than (i) the requirements set forth in the second sentence of this Article and (ii) furnishing Lessor with contractors' affidavits and lien waivers if requested by Lessor), provided Lessee notifies Lessor at least ten (10) days prior to the commencement of such work and delivers to Lessor a copy of the plans for such work, if Lessee has arranged to have plans prepared therefor. Lessee shall keep the Premises and the Shopping Center Tract free from any liens arising out of any work performed, material furnished or obligations incurred by Lessee, and Lessee remains liable to pay shall indemnify, protect, defend and hold harmless Lessor from any liens and encumbrances arising out of any work performed or discharge material furnished by or at the direction of Lessee. In the event that Lessee shall not, within ten (10) days following the imposition of any such lien, cause such lien or claim deemed to be due released of record by payment or payableposting of a proper bond, Lessor shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of and/or defense against the claim giving rise to such lien. Lessee hereby indemnifies and holds All such sums paid by Lessor harmless against any and all liabilityexpenses incurred by it in connection therewith, loss including attorneys' fees and costs, shall be payable as Additional Rent to Lessor by Lessee on demand with interest at the rate provided in Article X accruing from the date paid or damage sustained incurred by Lessor until reimbursed to Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorLessee.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Except as described on Exhibit C, attached hereto and made a part hereof, Landlord shall not make be required to alter or cause improve the Premises or the Building. Tenant accepts the Premises in an "as is" condition and agrees to be made any alterations, additions perform alterations or improvements to the Improved Leased Premises without in accordance with plans and specifications prepared by a certified architect, all at Tenant's sole cost and expense, subject to Landlord's prior approval which shall not be unreasonably withheld, and in accordance with all applicable laws, ordinances, rules and regulations. Prior to commencing any alteration or improvement to the prior written consent Premises, Tenant shall forward to Landlord three (3) sets of Lessorblueprints and one (1) set of sepias of Tenant's proposed work. Landlord may in its sole discretion impose requirements as to the manner of performance of any work by or for Tenant in the Premises. All alterations, additions or improvements approved by Lessor work shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made performed in a good and workmanlike manner using quality material and shall be promptly completed, lien-free, by a contractor who is insured, bonded and has been pre-approved by Landlord. Prior to the commencement of such work, Tenant agrees to deliver to Landlord a Certificate of Worker's Compensation insurance in statutory limits from each contractor and subcontractor as well as evidence of automobile insurance, including "non-owned" automobiles, covering personal injury, bodily injury and property damage, including death resulting therefrom, in the combined single limit amount of $1,000,000.00 and comprehensive general liability in the combined single limit amount of $1,000,000.00, with Landlord listed as an additional named insured. Landlord shall reimburse Tenant for the cost of renovation or construction work performed by Tenant (excluding all consultation and design fees), in compliance with all lawsthe amount and manner hereinafter provided. The amount of such reimbursement being hereinafter referred to as "Tenant's Allowance". It is understood and agreed that Tenant's Allowance shall cover on the cost of the construction to be completed by Tenant, ordinances hereinafter referred to as "Tenant's Work", as delineated in the plans and requirements specifications approved by Landlord. Tenant's Allowance shall not exceed a total amount of Two Hundred Fifty Two Thousand Seven Hundred Eighty and 00/100 Dollars ($252,780.00), or the actual cost of construction of Tenant's Work as evidenced by the lowest competitive bid therefore, whichever is less. Landlord shall pay Tenant's Allowance to Tenant within thirty (30) days of completion of Tenant's Work and satisfaction of the following conditions:
(a) That Tenant is not in default under any and all Federalof the conditions, Statecovenants, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination agreements of this Lease. Lessor shall have the right;
(b) [Intentionally Omitted];
(c) That Tenant's Work has been completed and that Tenant's architect has so certified to Landlord, subject, however, to require Lessee to remove such fixtures at LesseeLandlord's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact verification that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialmanTenant's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.Work has been completed;
(d) In That Tenant has furnished to Landlord Tenant's affidavit that Tenant's Work has been completed to its satisfaction and in strict accordance with the event of a lien or claim of any kindabove-referenced plans and specifications, arising out which affidavit may be relied upon by Landlord; and
(e) That Tenant has furnished to Landlord the affidavit of the exercise of general contractor performing Tenant's Work to the rights set forth hereunder effect that Tenant's Work has been fully completed in accordance with the plans and specifications approved by Lessee, its agents, employees, contractors, Landlord and that all subcontractors, laborers and materialmenmaterials for Tenant's Work have been paid in full, being filed against the interest and paid bills or paid invoices and such other evidence of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and same is forwarded to Landlord. Tenant agrees that at its expense it will provide a description of all work invoices and evidence of payment thereof, all in sufficient detail. Tenant shall provide Landlord with properly completed lien waivers executed by Tenant's general contractor, and as to labor and materials valued in excess of $5,000.00, every subcontractor and laborer participating in Tenant's work, and every material supplier delivering materials directly to the Premises. Tenant's failure to provide said lien waivers within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect completion of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.renovation work
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee A. Tenant shall not make or cause to be made perform, or permit the making or performance of, any initial or subsequent tenant finish work or any alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterationsinstallations, decorations, improvements, additions or improvements approved by Lessor other physical changes in or about the Leased Premises (referred to collectively, as "Alterations") without Landlord's prior written consent. All Alterations shall be made solely at Lessee's expense by a contractor approved by Lessor, and performed in conformity with and subject to the following provisions:
1. All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in a good such manner as Landlord may, from time to time, reasonably designate.
2. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld.
3. None of the Alterations shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value or utility of the Building and workmanlike manner none of the Alterations shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord evidence of coverage under Worker's Compensation laws of all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as additional insureds, which policies shall be issued by companies, and shall be performed in compliance with all lawsform and amounts, ordinances satisfactory to Landlord and requirements shall be maintained by Tenant until the completion of such Alteration.
4. If the cost of any Alteration exceeds $50,000.00 and if Landlord shall require Tenant to assure payment of all Federalcosts of such Alterations, Stateprior to work commencement, Municipal and/or other authoritiesan irrevocable documentary letter of credit in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole and in part, from time to time, to the Board order of Fire Underwriters and any mortgages Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to which the Improved Leased Premises is subjectobligation secured thereby. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations.
5. Tenant shall, if requested by Landlord at Lessorthe time of Landlord's optionconsent to the Alterations, become agree in writing to restore the property of Lessor upon Leased Premises, at the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to their condition prior to the Improved making of such Alterations.
6. All Alterations shall be made and performed in full compliance with all applicable laws, orders and regulations of Federal, State, County and Municipal authorities and with all directions, pursuant to law, of all public officers. All materials and equipment to be incorporated in the Leased Premises caused by as a result of all Alterations shall be new and of first quality. No such removal.
(b) All persons materials or equipment shall be subject to whom these presents may come are put upon notice any lien, encumbrance, chattel mortgage or title retention or security agreement. Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the fact that Lessee shall never, under any circumstances, have City or other governing authority in which the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises are located, prior to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with occupying the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any portion thereof upon which alterations have been performed for which the issuance of the equipment thereofsuch certificate is required.
(d) In B. All appurtenances, fixtures, improvements, additions and other property attached to or installed in the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants whether by Landlord or Tenant or others, and agrees whether at Landlord's expense, or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord, except that any such fixtures, improvements, additions and other property which have been installed at its the sole expense it will within thirty (30) days after written notice from Lessor, cause of Tenant and which are removable without material expense or material damage to the Improved Leased Premises shall be and remain the property of Tenant. If Tenant shall remove any such interest therein property belonging to be released from Tenant at the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court end of the amount necessary term hereof, Tenant shall repair or, at Landlord's option, shall pay to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains Landlord the cost of repairing any damage arising from such contestremoval. Any replacements of any property of Landlord, whether made at Tenant's expense or otherwise, shall be and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason remain the property of such contest, unless such contest arises from any negligent or intentional act or omission of LessorLandlord.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make or cause to be made any improvements, alterations, additions or improvements installations in or to the Improved Leased Premises (hereinafter referred to as the "Work") without the Lessor's prior written consent of (which consent shall not unreasonably be withheld) except that Lessor. All 's consent shall not be required for improvements, alterations, additions or improvements installations costing less than $5,000.00 if such neither affect the structural aspects of the office nor change the electrical, plumbing, or mechanical systems of EastPark One and Tenant notifies Landlord of its plans. Along with any request for Lessor's consent, if required, and before commencement of the Work or delivery of any materials to be used in the Work to the Premises or into EastPark One, Lessee shall furnish Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and an indemnification in such form and amount as may be reasonably satisfactory to Lessor. Lessee agrees to defend and hold Lessor forever harmless from any and all claims and liabilities of any kind and description, which may arise out of or be connected in any way with said improvements, alterations, additions or installations. All Work shall be done only by contractors or mechanics reasonably approved by Lessor and at such time and in such manner as Lessor may from time to time reasonably designate. Lessee shall pay the cost of all such improvements, alterations, additions or installations (including a reasonable charge for Lessor's services, if any, and for Lessor's inspection and engineering time), and also the cost of painting, restoring, or repairing the Premises and EastPark One occasioned by such improvements, alterations, additions or installations. Upon completion of the Work, Lessee shall furnish Lessor with contractor's affidavits and full and final waivers of liens, and receipted bills covering all labor and materials expended and used. The Work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made constructed in a good and workmanlike manner and manner. Lessee shall be performed permit Lessor to inspect construction operations in compliance connection with all lawsthe Work. As a condition to granting approval for any changes or alterations, ordinances and requirements Lessor may require Lessee to agree that Lessor, by written notice to Lessee, given at or prior to approval of any and all FederalLessee's work under the Lease agreement, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to may require Lessee to remove any improvements, additions or installations installed by Lessee in the demised Premises, and repair and restore any damage caused by the installation and removal of such fixtures improvements, additions or installations; provided, however, the only improvements, additions or installations which Lessee shall remove shall be those specified in such notice. Lessor's failure to give such notice at Lesseethe time of approval of the work shall be deemed to constitute Lessor's cost upon consent for such work to remain in place at termination of the Lease. At the time approval is requested or granted as to any specific change or alteration, Lessee shall request Lessor to designate which portion of such change or alteration shall be removed, repaired and restored at termination of this LeaseLease and which portion may be surrendered at termination of this Lease without removal, repair and Lessee restoration and Lessor shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor not be arbitrary or any mortgagee capricious in the Improved Leased Premises respect to any mechanic's, materialman's or similar liensuch designation.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Gross Lease Agreement (Integrated Information Systems Inc)
ALTERATIONS AND IMPROVEMENTS. (a) A. Lessee shall not make alter the Property, including the structural elements or cause to be made building systems of the Property, in any alterations, additions or improvements to the Improved Leased Premises manner without the prior written consent of Lessor, which consent shall not be unreasonably withheld or conditioned. All alterationsNotwithstanding the foregoing, additions Lessee may undertake, without Lessor’s consent, any (1) non-structural alterations to the Property costing no more than $1,000,000.00 in any one instance, including alterations to the exterior of the buildings and improvements, or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessor(2) alterations to the mechanical, shall be made electrical, plumbing or other building systems costing no more than $300,000.00 in any one instance, provided that all such alterations are performed in a good and workmanlike manner using reputable and shall be performed qualified contractors, in compliance with all lawsApplicable Regulations, ordinances and requirements provided further that Lessee shall obtain and comply with all required permits and governmental approvals in connection therewith. For purposes of this Lease, alterations to the structural elements of the Property shall mean: Property; or
(i) alterations which affect the foundation or “footprint” of the improvements at the
(ii) alterations which involve the structural elements of the improvements at the Property, such as a load-bearing wall, structural beams, columns, supports or roof.
B. Without the consent of Lessor, Lessee may install any and all Federal, State, Municipal and/or other authorities, signs or similar signage on the Board of Fire Underwriters Property so long as it is in compliance with Applicable Regulations and any mortgages applicable Permitted Exceptions.
C. Any work at any time commenced by ▇▇▇▇▇▇ on the Property shall be at Lessee’s sole cost and expense, shall be performed by a licensed contractor, shall be prosecuted diligently to which completion, shall be of good workmanship and materials and shall comply fully with all the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination terms of this Lease. Upon completion of any alterations requiring Lessor consent, Lessee shall promptly provide Lessor with (i) evidence of full payment to all laborers and materialmen contributing to the alterations, (ii) if plans and specifications for the alterations were required in order to obtain permits for the applicable work, a certificate from an architect or engineer, as applicable, certifying the alterations to have been completed in conformity with the rightplans and specifications, however(iii) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy), and (iv) any other documents or information reasonably requested by ▇▇▇▇▇▇. Any addition to require Lessee or alteration of the Property (excluding any Personal Property) shall automatically be deemed a part of the Property and belong to remove such fixtures at Lessee's cost upon such termination of this LeaseLessor, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by Lessor of such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that addition or alteration. Lessee shall neverexecute and file or record, under any circumstancesas appropriate, have the power to subject the interest a “Notice of Lessor Non-Responsibility,” or any mortgagee equivalent notice permitted under applicable law in the Improved Leased Premises to state where the Property is located. In addition, for any mechanic'salterations costing in excess of Two Million and No/100 Dollars ($2,000,000.00) in any one instance, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of at Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises’s option, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessorshall, cause the Improved Leased Premises and any such interest therein prior to be released from the legal effect commencement of such lien work, obtain and deliver (or claimcause its contractor to obtain and deliver) to Lessor payment and performance bonds, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve in form and release the Improved Leased Premises or the interest from such claim or in any manner substance reasonably satisfactory to Lessor, issued by a surety company licensed to do business in the state in which the Property is located and any mortgagee reasonably acceptable to Lessor, naming Lessor as an additional obligee, in an amount equal to one-hundred percent (100%) of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the estimated cost of such contestwork; provided, however, that if Lessee demonstrates that there are no contractors, having the qualifications necessary to complete the applicable alterations at a reasonable cost, within a fifty (50) mile radius of the Property and Lessee remains liable reasonably capable of obtaining such bonds at a reasonable cost (a “Bondable Contractor”), then Lessor may, in its reasonable discretion, elect to pay waive or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason decrease the amount of such contest, unless such contest arises from any negligent or intentional act or omission of Lessorthe foregoing bonding requirement.
Appears in 1 contract
Sources: Lease (Workhorse Group Inc.)
ALTERATIONS AND IMPROVEMENTS. During the Initial Term and any Renewal Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing less than $25,000 without Lessor’s prior written consent. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $25,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve alteration. 4817-7336-4078.5 STORE/Fat Patty's Master Lease Agreement 4 Properties in KY and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of LessorWV File No. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.7210/02-629.1
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not Tenant may place partitions and fixtures and may make or cause to be made any alterations, additions or improvements and other alterations to the Improved interior of the Leased Premises without at Tenant’s expense, provided, however, that prior to commencing any such work, Tenant shall first obtain the prior written consent of Lessor. All alterationsLandlord to the proposed work, additions or improvements approved by Lessor shall be made solely at Lessee's expense by a contractor approved by Lessorincluding the plans, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authoritiesspecifications, the Board of Fire Underwriters proposed architect and/or contractor(s) for such alterations and/or improvements and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies used in connection with such alterations, including, without limitation, paint, carpeting, wall or window coverings and the rights set forth hereunder shall provide that no lien or claim shall thereby be created or ariseuse of carpet glues and other chemicals for installation of such materials, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon such consent not to be erected on unreasonably withheld. At least ten (10) days prior to the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim commencement of any kind, arising out of construction in the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants Tenant shall deliver to Landlord copies of the plans and agrees specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord may require that the work be done by Landlord’s own employees, its construction contractors, or under Landlord’s direction, but at its the expense it will within thirty (30) days after written notice from Lessorof Tenant, cause and Landlord may, as a condition to consenting to such work, require that Tenant provide security adequate in Landlord’s judgment so that the Improved improvements or other alterations to the Leased Premises will be completed in a good, workmanlike and lien free manner. Landlord may also require that any such interest therein work done to the interior of the Leased Premises be released from subject to the legal effect supervision of Landlord or its designee, and Tenant shall pay to Landlord, upon completion of such lien or claimwork, either by payment or by posting a supervision fee in an amount equal to zero percent (0%) of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contestwork. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of improvements in a first-class, Class A, institutional grade office building. All such improvements shall be the property of Landlord. In the event Landlord consents to the use by Tenant of its own architect and/or contractor for the installation of any such alterations or improvements, prior to the commencement of such work, Tenant 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 Lessee remains liable evidence that Tenant’s architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that any review by Landlord of Tenant’s plans and specifications and/or right of approval exercised by Landlord with respect to pay Tenant’s architect and/or contractor is for Landlord’s benefit only and Landlord shall not, by virtue of such review or discharge any lien or claim right of approval, be deemed to be due make any representation, warranty or payable. Lessee hereby indemnifies acknowledgment to Tenant or to any other person or entity as to the adequacy of Tenant’s plans and holds Lessor harmless against any and all liabilityspecifications or as to the ability, loss capability or damage sustained by Lessor by reason reputation of such contest, unless such contest arises from any negligent or intentional act or omission of LessorTenant’s architect and/or contractor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably delayed, withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations to the Properties, individually, costing less than $70,000 without Lessor’s prior written consent. Lessor shall respond to any request for consent within ten (I0) days of a written request from Lessee detailing the proposed alterations together with plans and specification and any other information Lessor may reasonably require. If Landlord fails to respond in writing within such 10-day period, the request shall be deemed approved under this Lease. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $10,000 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Master Lease Agreement (21st Century Oncology Holdings, Inc.)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Lessee shall not alter the exterior, structural, plumbing or electrical elements of the Properties in any manner without the consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, Lessee may undertake nonstructural alterations and alterations to the greenhouses located on the Properties costing less than $250,000.00 without Lessor’s prior written consent. If ▇▇▇▇▇▇’s consent is required hereunder and ▇▇▇▇▇▇ consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any alterations individually costing $250,000.00 or more, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any alterations, Lessee shall promptly provide Lessor with (a) an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such a nature as would require the issuance of such a certificate from the architect); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, or materials furnished to, the Properties. Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the states where the Properties are located which provides that Lessor is not make responsible for the payment of any costs or cause expenses relating to be made any alterations, the additions or improvements alterations. Any addition to or alteration of the Improved Leased Premises without the prior written consent of Lessor. All alterations, additions or improvements approved by Lessor Properties shall be made solely at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as deemed a part thereof, shall, at of the Properties constituting real property and belong to Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien addition or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessoralteration.
Appears in 1 contract
Sources: Master Lease Agreement (Local Bounti Corporation/De)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not make alter the exterior, structural, plumbing or cause to be made electrical elements of any alterations, additions or improvements to of the Improved Leased Premises Properties in any manner without the prior written consent of Lessor, which consent shall not be unreasonably withheld or conditioned; provided, however, without Lessor's consent, Lessee may undertake such alterations to any of the Properties which (i) cost less than $250,000 per Property for any related series of alterations and (ii) do not affect the foundation or "footprint" of the improvements at the Properties. All For purposes of this Lease, alterations to the exterior, structural, plumbing or electrical elements of the Properties shall mean:
(i) alterations which affect the foundation or "footprint" of the improvements at the Properties;
(ii) alterations which involve the structural elements of the improvements at the Properties, 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 Lessor's consent is required hereunder and Lessor consents to the making of any such alterations, additions or improvements the same shall be made by Lessee at Lessee's sole expense by a licensed contractor and according to plans and specifications approved by Lessor (such approval not to be unreasonably withheld or delayed) and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on any of the Properties shall be made solely at Lessee's expense by a contractor approved by Lessorprosecuted diligently to completion, shall be made in a of good workmanship and workmanlike manner materials and shall be performed in compliance comply fully with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination terms of this Lease. Upon completion of any alterations for which Lessor's consent is required hereunder, Lessee shall promptly provide Lessor with (i) evidence of full payment to all laborers and materialmen contributing to the alterations, (ii) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy), and (iii) any other documents or information reasonably requested by Lessor. Any addition to or alteration of any of the Properties shall have automatically be deemed a part of the right, however, Properties and belong to require Lessee to remove such fixtures at Lessee's cost upon such termination of this LeaseLessor, and Lessee shall promptly remove execute and deliver to Lessor such instruments as Lessor may require to evidence the same and repair any damage to the Improved Leased Premises caused ownership by Lessor of such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that addition or alteration. Lessee shall neverexecute and file or record, under any circumstancesas appropriate, have the power to subject the interest a "Notice of Lessor Non-Responsibility," or any mortgagee equivalent notice permitted under applicable law in the Improved Leased Premises to any mechanic's, materialman's or similar lienstates where the applicable Properties are located.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
Sources: Master Lease (Alexanders J Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not make any structural or cause exterior changes in, or additions or alterations to the exterior of, the Premises, or any additions or alterations to the Personal Property, without Landlord’s prior written consent, which consent shall not be made unreasonably withheld, conditioned, or delayed.
(b) Tenant shall not make any material interior change in, or addition or alteration to the interior of, the Premises that either: (i) costs in excess of Twenty-Five Thousand Dollars ($25,000); (ii) either cannot be removed by Tenant at the end of the Term such that the Premises cannot be restored by Tenant to the same condition as it exists on the Effective Date; or (iii) requires work within the walls, below the floor or above the ceiling, in each case without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed.
(c) If Landlord consents to any changes, additions, or alterations, additions or improvements to the Improved Leased Premises without the prior written consent of Lessor. All alterationssuch changes, additions additions, or improvements approved by Lessor alterations are otherwise permitted, they shall be made solely at Lessee's Tenant’s sole cost and expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner and shall be performed in compliance a first-class and workmanlike manner on a level consistent with the age and condition of the Buildings and other improvements comprising the Premises on the Effective Date, or of the Personal Property, as applicable, and in accordance with all laws, ordinances applicable legal and insurance requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters terms and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination provisions of this Lease. Lessor Upon completion of changes, additions, or alterations to the Premises, Tenant shall have deliver to Landlord: (i) a sworn affidavit from Tenant and its general contractor (if Tenant is not acting as its own general contractor) in form and substance reasonably acceptable to Landlord stating – (A) in reasonable detail the rightactual costs paid by Tenant for construction and completion of the alterations, however(B) the names and addresses of all architects, to require Lessee to remove such fixtures at Lessee's cost upon such termination contractors, subcontractors or suppliers in respect of this Leasethe alterations, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removal.
(bC) All persons to whom these presents may come are put upon notice that all of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee persons identified in the Improved Leased Premises sworn affidavit required pursuant to any clause (i)(B) have been paid in full; and (ii) full and final mechanic's’s lien waivers, materialman's or similar lien.
in form and substance reasonably acceptable to Landlord, from each person identified in the sworn affidavit required pursuant to clause (c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereofi)(B).
(d) In Changes, alterations, additions, and improvements to the event of a lien or claim of any kind, arising out Property made by Tenant shall become the property of the exercise of Landlord upon the rights set forth hereunder by LesseeExpiration Date unless Tenant, its agentsprior to the Expiration Date, employees, contractors, subcontractors, removes such improvements and materialmen, being filed against restores the interest of Lessor, any mortgagee of Lessor and/or against Property to the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause same condition as existed on the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorEffective Date.
Appears in 1 contract
Sources: Office/Warehouse/Equipment Lease (Kaival Brands Innovations Group, Inc.)
ALTERATIONS AND IMPROVEMENTS. (a) Lessee shall not Tenant, at its cost and expense and with no right of reimbursement from Lessor, may make or cause to be made any alterations, additions or additions, and improvements to the Improved Leased Premises without leased premises to better adapt the leased premises to its use and occupancy; provided, however, on each occasion, any such alteration, addition, or improvement shall: (i) equal or exceed the then current standard for the Center, utilizing only new and first-grade materials; (ii) be in conformity with all applicable federal, state and local laws, ordinances, regulations, building codes, fire regulations, and insurance requirements of Lessor and Tenant; (iii) be made only with the prior written consent of Lessor. All , and as a condition to such consent, Lessor may require agreement by Tenant to remove such alterations, additions, and/or improvements at the time of termination of this Lease, and restore the leased premises to their condition prior to the installation of such alterations, additions or and/or improvements approved by Lessor shall and otherwise, in good condition and repair, subject to reasonable wear and tear; (iv) be made solely at Lessee's expense by a contractor approved pursuant to such plans and specifications as may be required by Lessor, shall and upon obtaining any required permits and licenses; (v) be made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages conditioned upon providing to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shallLessor, at Lessor's option, become the property a letter of Lessor upon the expiration credit, performance bond or other termination indemnification in such form and amount as may be satisfactory to Lessor to protect against liens for labor to be performed and materials to be furnished; and (vi) be carried out only by persons or entities selected by Tenant and approved in writing by Lessor, who, if required by Lessor, shall deliver to Lessor before commencement of this Leasethe work proof of such workmen's compensation, comprehensive general liability, and builder's risk insurance as Lessor may require, with Lessor named as an additional insured, in amounts, with companies, and in form satisfactory to Lessor, which insurance shall remain in effect during the entire period during which such alteration, addition, or improvement will be accomplished. Any such alteration, addition, or improvement shall be done only at such time and in such manner as Lessor may designate from time to time. Tenant shall have promptly pay the rightcost of any such change, addition, or improvement. Upon completion, Tenant shall furnish Lessor with contractors' affidavits and full and final waivers of liens. Tenant shall indemnify Lessor for, and hold Lessor harmless forever from, any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with any such alteration, addition, or improvement; provided, however, Tenant shall have no obligation to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove indemnify Lessor for the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor negligence or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest intentional act of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, or contractors. Any increase in property taxes on, subcontractorsor insurance for, the Building attributable to such change, addition, or improvement shall be borne by Tenant, and materialmen, being filed against the interest of Lessor, any mortgagee of paid by Tenant to Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from receipt by Tenant of Lessor's invoice therefor, cause accompanied by appropriate evidence thereof. Subject to the Improved Leased Premises provisions of agreement, if any, pursuant to (iii) above, all such alterations, additions, and/or improvements shall remain in or upon and any such interest therein to be released from surrendered with the legal effect leased premises at the termination of such lien or claimthis Lease, either by payment or by posting with the exception of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessorfurniture, movable trade fixtures, and/or trade equipment, and any mortgagee other movable personal property put in at the expense of Lessor. If Lessee desires to contest Tenant, which items shall remain the validity property of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of LessorTenant.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) Lessee Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed, make or cause to be made any alterations, improvements, additions or installations in or to the Premises subsequent to the initial occupancy of the Premises by Tenant (other than repair or replacement of non-structural, interior Tenant improvements). If Landlord so consents, before commencement of any such work or delivery of any materials into the Premises or the Building, Tenant shall furnish to Landlord for approval: architectural plans and specifications, names and addresses of all contractors, contracts, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form and amount as may be reasonably satisfactory to Landlord. All work performed by Tenant shall be performed and supervised by a licensed Florida general contractor. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord security for the payment of said work and materials as Landlord may require (which security may be in the form of a payment and performance bond reasonably acceptable to Landlord) if at any time the total materials and work undertaken by Tenant (and not fully completed, as evidenced by final waivers of lien) exceeds, in the aggregate, $10,000, or such work is commenced in the last 120 days of the term of this Lease, or any Renewal Term thereof. Tenant agrees to hold Landlord, its partners, officer, directors, the managing agent of the Building and each of their respective agents and employees forever harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. The Landlord's interest in the Premises shall in no way be subject to any liens for improvements or repairs made by Tenant or any contractor, subcontractor, materialman, or laborer. Tenant shall notify any contractor making improvements to the Improved Leased Premises without of this provision as required by Florida Statute 713.10 and shall provide Landlord with a receipt of such notice signed by the prior written consent contractor. If Landlord desires to make a recording as contemplated by Florida Statute 713.10, Tenant shall cooperate with Landlord in recording in the appropriate clerk's office either (a) a short form of Lessorthis Lease or (b) a notice which complies with the provisions of said statute. All such work shall be performed and insured under insurance policies reasonably satisfactory to Landlord. If at any time such work shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may revoke Tenant's authority to continue to perform such work. Upon completion of such work, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended. All such work shall be in compliance with all applicable legal, governmental and quasi governmental requirements, ordinances and rules (including the Board of Fire Underwriters), and all requirements of applicable insurance companies. Tenant shall permit Landlord, if Landlord so desires, to supervise construction operations in connection with such work at no cost to Tenant; provided, however, that such supervision or right to supervise by Landlord shall not constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use or impose any liability upon Landlord in connection with the performance of such work. All alterations, improvements, additions and installations to or improvements approved by Lessor on the Premises shall be made solely become (subject to Article ) part of the Premises at Lessee's expense by a contractor approved by Lessor, shall be made in a good and workmanlike manner the time of their installation and shall be performed remain in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as a part thereof, shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, Lease without compensation or credit to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, and Lessee shall promptly remove the same and repair any damage to the Improved Leased Premises caused by such removalTenant.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings or improvements thereon to be erected on the Improved Leased Premises or any of the equipment thereof.
(d) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of such contest, and Lessee remains liable to pay or discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract