Alterations and Repairs. 9.01 Third Tier Sublessee shall make no alterations, installations, additions or improvements (collectively, "ALTERATIONS") in or about the Premises without the prior written consent of Third Tier Sublessor in each instance. Any Alterations in or about the Premises shall be performed by Third Tier Sublessee, at its sole cost and expense, and in compliance with the following requirements: (a) Third Tier Sublessee, at its sole expense, shall comply with all of the provisions of this Third Tier Sublease, the Sub-sublease, the Prime Sublease and the Major Ground Lease pertaining to the making of Alterations, including, without limiting the generality of the foregoing, the provisions requiring the prior written consent of Sub-sublessor, Prime Sublessor and Groundlessor before any Alterations may be made in or about the Premises; (b) Third Tier Sublessee shall submit to Third Tier Sublessor, for its prior written approval, plans and specifications for such proposed Alterations, together with the name of the proposed contractor and all proposed subcontractors, and all other documentation required to be submitted by Third Tier Sublessor to (x) Sub-sublessor under the Sub-sublease, (y) Prime Sublessor under the Prime Sublease and (z) Groundlessor under the Major Ground Lease in respect of such Alterations; (c) Prior to the commencement of any Alteration, Third Tier Sublessee, at its sole expense, shall deliver to Third Tier Sublessor either (i) a performance bond and a labor and materials bond (issued by a surety company satisfactory to Third Tier Sublessor and licensed to do business in New York State), each in the amount equal to 150% of the estimated cost of such Alteration and otherwise in form satisfactory to Third Tier Sublessor and/or (ii) such other security as shall be satisfactory to Third Tier Sublessor; (d) Prior to the commencement of any Alteration, Third Tier Sublessee shall furnish Third Tier Sublessor with certificates of insurance as shall be reasonably satisfactory to Third Tier Sublessor, as to coverage and insurer (who shall be licensed to do business in the State of New York), including, but not limited to, liability, property damage, and workmen's compensation insurance to protect Third Tier Sublessor, Sub-sublessor, Prime Sublessor, Groundlessor and Third Tier Sublessee during the period of the performance of such Alteration; (e) All such Alterations shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and with all requirements of any insurance policies affecting the Premises or the Building and so as to cause as little interference as possible with Groundlessor's, Prime Sublessor's, Sub-sublessor's or Third Tier Sublessor's, or the sublessee's of any of them, use, occupancy and enjoyment of the Building or the premises of which the Premises are a part; and (f) Third Tier Sublessee, at its sole expense, shall obtain all municipal and other governmental licenses, permits, authorizations, approvals, and certificates required in connection with such Alteration. 9.02 Third Tier Sublessor shall have no obligations whatsoever to make any repairs or Alterations in or to the Premises, any systems serving the Premises, or any equipment, fixtures or furnishings in the Premises, or to comply with any violations of law with respect thereto, or to restore the Premises in the event of a fire or other casualty therein or to perform any other duty with respect to the Premises which (x) Sub-sublessor is required to perform under the Sub-sublease, (y) Prime Sublessor is required to perform under the Prime Sublease and (z) Groundlessor is required to perform under the Major Ground Lease. Third Tier Sublessee shall look solely to Sub-sublessor, Prime Sublessor and Groundlessor for the making of any and all repairs in the Premises and the performance of any and all such other work and responsibilities and only to the extent required by the terms of, respectively, the Sub-sublease, the Prime Sublease and the Major Ground Lease. 9.03 Third Tier Sublessee will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any tax payable by Third Tier Sublessee or any mechanic's or materialman's lien by reason of work, labor, services or materials supplied or claimed to be supplied to Third Tier Sublessee, or anyone else in the Premises, or any part thereof, or otherwise) which might be or become a lien, encumbrance or charge upon the Building, the Premises or any part thereof or the income therefrom. If any such mechanic's or materialman's lien shall at any time be filed against the Building, the Premises or any part thereof, Third Tier Sublessee, within fifteen (15) days after notice of the filing thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
Appears in 1 contract
Alterations and Repairs. 9.01 Third Tier Sublessee Tenant shall not make no alterationsany alterations in or construct any additions to the Premise without the Landlord's prior specific written consent secured in each and every instance. If the Landlord shall consent to such alterations or additions, installationsbefore commencement of the work or delivery of any materials into the Building or upon the Premises, the Tenant shall furnish to the Landlord as it may require, the following materials for Landlord's prior written approval: final engineering plans and specifications (and "as-builts" after completion); names and addresses of all contractors, sub-contractors, and materialmen, copies of all contracts and necessary permits; indemnification in form and amount satisfactory to Landlord; required certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord in breadth of coverage, by type and amount, to protect it against any and all liabilities which may arise out of or be connected in any way with said additions or improvements (collectivelyalterations; and advance waivers of lien against any and all claims, "ALTERATIONS") costs, damages, liabilities and expenses of any kind which may arise in connection with the alterations or about additions. Whether the Premises without Tenant furnishes the prior written consent Landlord with the foregoing or not, the Tenant hereby agrees to hold the Landlord, its beneficiaries and the partners thereof, and their respective agents and employees, harmless from any and all liabilities of Third Tier Sublessor every kind and description which may arise out of, or be connected in each instance. Any Alterations in any way with, said alterations or about additions, except liabilities resulting from the Premises shall be performed negligence of Landlord or its agents or employees, and , if requested by Third Tier SublesseeLandlord, Tenant shall, at its sole cost own costs, appear and defend Landlord, its beneficiaries and the partners thereof, and their respective agents and employees by legal counsel satisfactory to Landlord. Any mechanic's lien filed against the Premises, the Building, or the Property for work or materials claimed to have been furnished to the Tenant shall be discharges of record by the Tenant within ten (10) days thereafter, at Tenant's expense, except if Tenant shall elect to contest as provided hereinafter. If Tenant shall fail to have said lien satisfied and in compliance with the following requirements:
(a) Third Tier Sublesseereleased of record as aforesaid or, at its sole expenseas to any lien claim which Tenant shall elect to contest, shall comply with all of the provisions of this Third Tier Sublease, the Sub-sublease, the Prime Sublease and the Major Ground Lease pertaining fail to the making of Alterations, including, without limiting the generality of the foregoing, the provisions requiring the prior written consent of Sub-sublessor, Prime Sublessor and Groundlessor before any Alterations may be made in or about the Premises;
(b) Third Tier Sublessee shall submit to Third Tier Sublessor, for its prior written approval, plans and specifications for such proposed Alterations, together with the name of the proposed contractor and all proposed subcontractors, and all other documentation required to be submitted by Third Tier Sublessor to (x) Sub-sublessor under the Sub-sublease, (y) Prime Sublessor under the Prime Sublease and (z) Groundlessor under the Major Ground Lease in respect of such Alterations;
(c) Prior to the commencement of any Alteration, Third Tier Sublessee, at its sole expense, shall deliver to Third Tier Sublessor either (i) post a performance satisfactory bond or other security in such form and a amount as shall be agreeable to Landlord or (ii) promptly contest and diligently and expeditiously prosecute to successful conclusion any such lien claim, then after ten (10) days' notice to Tenant and on behalf of Tenant, Landlord may, without being responsible for making any investigation as to the validity thereof, pay the amount of said lien and Tenant shall promptly reimburse Landlord therefor. The Tenant shall pay the cost of all such alterations and additions and also the cost of decorating the Premises as may be occasioned by such alterations and additions. Upon completing any alterations or addition, the Tenant shall furnish the Landlord with contractors' affidavits and full and final waivers of lien all fully executed in proper form and subject to approval of Landlord's counsel, and receipted bills covering all labor and materials bond (issued by a surety company satisfactory to Third Tier Sublessor provided and licensed to do business in New York State), each in the amount equal to 150% of the estimated cost of such Alteration used. All additions and otherwise in form satisfactory to Third Tier Sublessor and/or (ii) such other security as alterations shall be satisfactory to Third Tier Sublessor;
(d) Prior to the commencement of any Alteration, Third Tier Sublessee shall furnish Third Tier Sublessor with certificates of insurance as shall be reasonably satisfactory to Third Tier Sublessor, as to coverage and insurer (who shall be licensed to do business in the State of New York), including, but not limited to, liability, property damage, and workmen's compensation insurance to protect Third Tier Sublessor, Sub-sublessor, Prime Sublessor, Groundlessor and Third Tier Sublessee during the period of the performance of such Alteration;
(e) All such Alterations shall be performed constructed in a good and workmanlike manner and in compliance only new, high grade, building standard or better quality materials shall be used. All alterations and additions shall comply with all Legal Requirements insurance requirements and with all ordinances and regulations of the Village of Bannockburn and any department, commission or agency thereof and with the requirements of any insurance policies affecting ll statutes and regulations of the Premises or the Building State of Illinois and so as to cause as little interference as possible with Groundlessor's, Prime Sublessor's, Sub-sublessor's or Third Tier Sublessor's, or the sublessee's County of Lake and of any of themdepartment, use, occupancy and enjoyment of commission or agency thereof. The Tenant shall permit the Building or the premises of which the Premises are a part; and
(f) Third Tier Sublessee, at its sole expense, shall obtain all municipal and other governmental licenses, permits, authorizations, approvals, and certificates required Landlord to supervise construction operations in connection with alterations or additions if the Landlord requests to do so. All additions, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon installation, and shall, unless the Landlord requests their removal, by notice to Tenant, remain upon the Premises at the termination of this Lease, by lapse of time or otherwise, without compensation or allowance or credit to the Tenant. If, upon the Landlord's notice, the Tenant does not remove said additions, hardware, non-trade fixtures and improvements, the Landlord may remove the same and the Tenant shall pay the cost of such Alteration.
9.02 Third Tier Sublessor removal to the Landlord promptly upon demand. Notwithstanding anything herein to the contrary, if Landlord desires that any addition, hardware, non-trade fixture or improvement (whether temporary or permanent), in or upon the Premises, be removed by Tenant at the termination of this Lease, Landlord shall so advise Tenant prior to the installation of such item in order that Tenant may determine whether such items should be installed in light of Landlord's desire that such item be removed by Tenant at a later date, provided Tenant has given Landlord, prior to the installation of such item, reasonable written notice of the intended installation allowing Landlord and its engineers and architects to examine such plans, and Tenant has complied with all other provisions of this Lease which may affect such installation. The Tenant shall remove the Tenant's furniture, machinery, safes, trade fixtures and other items of personal property of ever kind and description from the Premises prior to the end of the Term, however ended, or in the event Tenant's right to possession is terminated without a termination of this Lease. If not so, removed, the Landlord may request their removal, and if the Tenant does not remove them, the Landlord may, but shall not be required to, do so and the Tenant shall pay the cost of such removal to the Landlord promptly upon demand. If the Landlord does not request their removal, all such items shall be conclusively presumed to have no obligations whatsoever been conveyed by the Tenant to the Landlord under this Lease as a ▇▇▇▇ of Sale without further payment or credit by the Landlord to the Tenant. Subject to the provisions of Section 8 and 17 and at its own cost and expense, Tenant shall keep the Premises in good order, condition and repair during the Term including but not limited to, the replacement of all interior broken glass with glass of the same size and quality, with the approval of the Landlord. If the Tenant does not make repairs promptly and adequately, the Landlord may elect, but shall not be required, to make repairs upon ten (10) days prior to notice to Tenant, and the Tenant shall promptly pay the cost thereof. At any repairs time or Alterations times, the Landlord, either voluntarily or pursuant to governmental requirements, may, at the Landlord's own expense, make repairs, alterations or improvements in or to the Premises, any systems serving the Premises, or any equipment, fixtures or furnishings in the Premises, or to comply with any violations of law with respect thereto, or to restore the Premises in the event of a fire or other casualty therein or to perform any other duty with respect to the Premises which (x) Sub-sublessor is required to perform under the Sub-sublease, (y) Prime Sublessor is required to perform under the Prime Sublease and (z) Groundlessor is required to perform under the Major Ground Lease. Third Tier Sublessee shall look solely to Sub-sublessor, Prime Sublessor and Groundlessor for the making of any and all repairs in the Premises and the performance of any and all such other work and responsibilities and only to the extent required by the terms of, respectively, the Sub-sublease, the Prime Sublease and the Major Ground Lease.
9.03 Third Tier Sublessee will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any tax payable by Third Tier Sublessee or any mechanic's or materialman's lien by reason of work, labor, services or materials supplied or claimed to be supplied to Third Tier Sublessee, or anyone else in the Premises, Building or any part thereof, including the Premises, and, during operations, may close entrances, doors, corridors, elevators or otherwise) which might other facilities, all without any liability to the Tenant by reason of interference, inconvenience or annoyance. The Landlord shall not be liable to the Tenant for any expense, injury, loss or become a liendamage resulting from work done in or upon, encumbrance or charge upon the Buildinguse of any adjacent or nearby building, land, or street. The Tenant shall pay the Landlord for overtime and any other expense incurred in the event repairs, alterations, decorating or other work performed in the Premises or any part thereof or is performed at the income therefrom. If any such mechanicTenant's or materialman's lien shall at any time be filed against the Building, the Premises or any part thereof, Third Tier Sublessee, within fifteen (15) days after notice of the filing thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwiserequest during non-ordinary business hours.
Appears in 1 contract
Alterations and Repairs. 9.01 Third Tier 7.1. Sublessee shall make no alterations, installations, additions or improvements (collectively, "ALTERATIONSAlterations") in or about the Premises without the prior written consent of Third Tier Sublessor in each instance, which consent shall not be unreasonably withheld for nonstructural interior alterations provided that Sublessee complies with all of the provisions of the Master Leases, including, without limitation, the provisions requiring (i) Landlord's prior written consent, (ii) the deliverance to Landlord of reasonably detailed plans and specifications, and (iii) that the Alterations be performed in a good and workmanlike manner and otherwise comply with all Governmental Requirements (as defined in the Master Office Lease), such other reasonable requirements of Sublessor, and be performed in strict compliance with Landlord's requirements set forth in Exhibit F of the Master Office Lease. Any Alterations in or about the Premises consented to by Sublessor shall be performed by Third Tier Sublessee, at its sole cost and expense, and in compliance with the following requirements:
(a) Third Tier Sublessee, at its sole expense, shall comply with all upon termination of the provisions of this Third Tier Sublease, the Sub-sublease, the Prime Sublease and the Major Ground Lease pertaining Term shall be removed without damage to the making of Alterations, including, without limiting the generality of the foregoing, the provisions requiring the prior written consent of Sub-sublessor, Prime Sublessor and Groundlessor before any Alterations may be made in or about the Premises;
(b) Third Tier Sublessee shall submit to Third Tier Sublessor, for its prior written approval, plans and specifications for such proposed Alterations, together with the name of the proposed contractor and all proposed subcontractors, and all other documentation required to be submitted by Third Tier Sublessor to (x) Sub-sublessor under the Sub-sublease, (y) Prime Sublessor under the Prime Sublease and (z) Groundlessor under the Major Ground Lease in respect of such Alterations;
(c) Prior to the commencement of any Alteration, Third Tier Sublessee, at its sole expense, shall deliver to Third Tier Sublessor either (i) a performance bond and a labor and materials bond (issued by a surety company satisfactory to Third Tier Sublessor and licensed to do business in New York State), each in the amount equal to 150% of the estimated cost of such Alteration and otherwise in form satisfactory to Third Tier Sublessor and/or (ii) such other security as shall be satisfactory to Third Tier Sublessor;
(d) Prior to the commencement of any Alteration, Third Tier Sublessee shall furnish Third Tier Sublessor with certificates of insurance as shall be reasonably satisfactory to Third Tier Sublessor, as to coverage and insurer (who shall be licensed to do business in the State of New York), including, but not limited to, liability, property damage, and workmen's compensation insurance to protect Third Tier Sublessor, Sub-sublessor, Prime Sublessor, Groundlessor and Third Tier Sublessee during the period of the performance of such Alteration;
(e) All such Alterations shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and with all requirements of any insurance policies affecting the Premises or the Building and so as to cause as little interference as possible with Groundlessor's, Prime Sublessor's, Sub-sublessor's or Third Tier Sublessor's, or the sublessee's of any of them, use, occupancy and enjoyment of the Building or the premises of which the Premises are a part; and
(f) Third Tier Sublessee, at its sole expense, shall obtain all municipal and other governmental licenses, permits, authorizations, approvals, and certificates required in connection with such Alterationupon surrender.
9.02 Third Tier 7.2. Sublessor shall have no obligations whatsoever to Sublessee to make any repairs or Alterations in or the Premises to the Premises, any systems serving the Premises, Premises or to any equipment, fixtures or furnishings in the Premises, or to comply with any violations of law with respect thereto, or to restore the Premises in the event of a fire or other casualty therein or to perform any other duty with respect to the Premises which (x) Sub-sublessor Landlord is required to perform under the Sub-subleaseMaster Leases. Notwithstanding the foregoing, (y) Prime if Landlord shall default on any of its obligations to Sublessor is required to perform under the Prime Sublease and (z) Groundlessor is required Master Leases with respect to perform under the Major Ground Lease. Third Tier Sublessee shall look solely to Sub-sublessor, Prime Sublessor and Groundlessor for the making of any and all repairs in the Premises and the performance of any and all such other work and responsibilities and only to the extent required by the terms of, respectively, the Sub-sublease, the Prime Sublease and the Major Ground Lease.
9.03 Third Tier Sublessee will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any tax payable by Third Tier Sublessee or any mechanic's or materialman's lien by reason of work, labor, services or materials supplied or claimed to be supplied to Third Tier Sublessee, or anyone else in the Premises, or any part thereofSublessor, or otherwiseat Sublessee's request, shall use all reasonable efforts to endeavor to cause Landlord to perform Landlord's obligations under the Master Leases and, in addition, Sublessee shall be entitled to participate, in a manner mutually agreed upon by the parties (each in the exercise of its reasonable discretion) which might with Sublessor in the enforcement of Sublessor's rights against Landlord. Any out-of-pocket costs and expenses incurred by Sublessor in connection with the foregoing shall be or become a lien, encumbrance or charge upon the Building, the Premises or any part reimbursed by Sublessee promptly following notice thereof or the income therefrom. If any such mechanic's or materialman's lien shall at any time be filed against the Building, the Premises or any part thereof, Third Tier Sublessee, within fifteen (15) days after notice of the filing thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwisefrom Sublessor.
Appears in 1 contract
Sources: Sublease (Nuveen John Company)
Alterations and Repairs. 9.01 Third Tier 8.1 Sublessee shall make no alterations, installations, additions or improvements, including Sublessee' s initial leasehold improvements (collectively, "ALTERATIONSAlterations") in or about the Premises without the prior written consent of Third Tier Sublessor and Landlord in each instance, which consent shall be deemed given by Sublessor if and only if Landlord consents thereto without any requirement that any such Alteration be removed at the expiration of the Term of this Sublease. Any Alterations in consented to or about the Premises deemed consented to by Sublessor shall be performed by Third Tier Sublessee, at its sole cost and expense, and in compliance with the following requirements:
(a) Third Tier Sublessee, at its sole expense, shall comply with all of the provisions of this Third Tier Sublease, the Sub-sublease, the Prime Sublease and the Major Ground Master Lease pertaining to the making of Alterations, including, without limiting the generality of the foregoing, the provisions requiring the prior written consent of Sub-sublessor, Prime Sublessor and Groundlessor Landlord before any Alterations may be made in or about the Premises;
(b) Third Tier Sublessee shall submit directly to Third Tier Sublessor, Landlord for its prior written approval, approval all plans and specifications for such proposed AlterationsAlterations to the extent they are required under the Master Lease, together with the name of the proposed contractor and all proposed subcontractors, and all other documentation required to be submitted by Third Tier Sublessor to (x) Sub-sublessor Landlord under the Sub-sublease, (y) Prime Sublessor under the Prime Sublease and (z) Groundlessor under the Major Ground Master Lease in respect of such Alterations;
(c) Prior to the commencement of any Alteration, Third Tier Sublessee, at its sole expense, shall deliver to Third Tier Sublessor either (i) a performance bond and a labor and materials bond (issued by a surety company satisfactory to Third Tier Sublessor and licensed to do business in New York State), each in the amount equal to 150% of the estimated cost of such Alteration and otherwise in form satisfactory to Third Tier Sublessor and/or (ii) such other security as shall be satisfactory to Third Tier Sublessor;
(d) Prior to the commencement of any Alteration, Third Tier Sublessee shall furnish Third Tier Sublessor with certificates of insurance as shall be reasonably satisfactory to Third Tier Sublessor, Sublessor as to coverage and insurer (who shall be licensed to do business in the State of New York), including, but not limited to, liability, property damage, and workmenworker's compensation insurance to protect Third Tier Sublessor, Sub-sublessorLandlord, Prime Sublessortheir agents, Groundlessor employees, successors and Third Tier assigns and Sublessee during the period of the performance of such Alteration;
(e) All such Alterations shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and with all requirements of any insurance policies affecting the Premises or the Building and so as to cause as little interference as possible with Groundlessor's, Prime Sublessor's, Sub-sublessor's or Third Tier Sublessor's, or the sublessee's of any of them, use, occupancy and enjoyment of the Building or the premises of which the Premises are a part; and
(fd) Third Tier Sublessee, at its sole expense, shall obtain all municipal and other governmental licenses, permits, authorizations, approvals, approvals and certificates required in connection with such Alteration.
9.02 Third Tier 8.2 Sublessor shall have no obligations whatsoever to make any repairs or Alterations in or the Premises to the Premises, any systems serving the Premises, Premises or to any equipment, fixtures or furnishings furnishing in the Premises, or to comply with any violations of law with respect thereto, or to restore the Premises in the event of a fire or other casualty therein or to perform any other duty with respect to the Premises which (x) Sub-sublessor Landlord is required to perform pursuant to certain obligations which Landlord has to Sublessor under the Sub-sublease, (y) Prime Sublessor is required to perform under the Prime Sublease and (z) Groundlessor is required to perform under the Major Ground Master Lease. Third Tier Sublessee shall look solely to Sub-sublessor, Prime Sublessor and Groundlessor Landlord for the making of any and all repairs in the Premises and the performance of any and all such other work and responsibilities and only to the extent required by the terms of, respectively, of the Sub-sublease, the Prime Sublease and the Major Ground Master Lease.
9.03 Third Tier Sublessee will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any tax payable by Third Tier Sublessee or any mechanic's or materialman's lien by reason of work, labor, services or materials supplied or claimed to be supplied to Third Tier Sublessee, or anyone else in the Premises, or any part thereof, or otherwise) which might be or become a lien, encumbrance or charge upon the Building, the Premises or any part thereof or the income therefrom. If any such mechanic's or materialman's lien shall at any time be filed against the Building, the Premises or any part thereof, Third Tier Sublessee, within fifteen (15) days after notice of the filing thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
Appears in 1 contract
Sources: Sublease Agreement (Mail Com Inc)
Alterations and Repairs. 9.01 Third Tier Sublessee shall make no alterations, installations, additions or improvements (collectively, "ALTERATIONS") in or about the Premises without the prior written consent of Third Tier Sublessor in each instance. Any Alterations in or about the Premises shall be performed by Third Tier Sublessee, at its sole cost and expense, and in compliance with the following requirements:
(a) Third Tier Sublessee, at its sole expense, shall comply with all of the provisions of this Third Tier Sublease, the Sub-sublease, the Prime Sublease and the Major Ground Lease pertaining to the making of Alterations, including, without limiting the generality of the foregoing, the provisions requiring the prior written consent of Sub-sublessor, Prime Sublessor and Groundlessor before any Alterations may be made in or about the Premises;
(b) Third Tier Sublessee shall submit to Third Tier Sublessor, for its prior written approval, plans and specifications for such proposed Alterations, together with the name of the proposed contractor and all proposed subcontractors, and all other documentation required to be submitted by Third Tier Sublessor to (x) Sub-sublessor under the Sub-sublease, (y) Prime Sublessor under the Prime Sublease and (z) Groundlessor under the Major Ground Lease in respect of such Alterations;
(c) Prior to the commencement of any Alteration, Third Tier Sublessee, at its sole expense, shall deliver to Third Tier Sublessor either (i) a performance bond and a labor and materials bond (issued by a surety company satisfactory to Third Tier Sublessor and licensed to do business in New York State), each in the amount equal to 150% of the estimated cost of such Alteration and otherwise in form satisfactory to Third Tier Sublessor and/or (ii) such other security as shall be satisfactory to Third Tier Sublessor;
(d) Prior to the commencement of any Alteration, Third Tier Sublessee shall furnish Third Tier Sublessor with certificates of insurance as shall be reasonably satisfactory to Third Tier Sublessor, as to coverage and insurer (who shall be licensed to do business in the State of New York), including, but not limited to, liability, property damage, and workmen's compensation insurance to protect Third Tier Sublessor, Sub-sublessor, Prime Sublessor, Groundlessor and Third Tier Sublessee during the period of the performance of such Alteration;
(e) All such Alterations shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and with all requirements of any insurance policies affecting the Premises or the Building and so as to cause as little interference as possible with Groundlessor's, Prime Sublessor's, Sub-sublessor's or Third Tier Sublessor's, or the sublessee's of any of them, use, occupancy and enjoyment of the Building or the premises of which the Premises are a part; and
(f) Third Tier Sublessee, at its sole expense, shall obtain all municipal and other governmental licenses, permits, authorizations, approvals, and certificates required in connection with such Alteration.
9.02 Third Tier Sublessor shall have no obligations whatsoever to make any repairs or Alterations in or to the Premises, any systems serving the Premises, or any equipment, fixtures or furnishings in the Premises, or to comply with any violations of law with respect thereto, or to restore the Premises in the event of a fire or other casualty therein or to perform any other duty with respect to the Premises which (x) Sub-sublessor is required to perform under the Sub-sublease, (y) Prime Sublessor is required to perform under the Prime Sublease and (z) Groundlessor is required to perform under the Major Ground Lease. Third Tier Sublessee shall look solely to Sub-sublessor, Prime Sublessor and Groundlessor for the making of any and all repairs in the Premises and the performance of any and all such other work and responsibilities and only to the extent required by the terms of, respectively, the Sub-sublease, the Prime Sublease and the Major Ground Lease.
9.03 Third Tier Sublessee will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any tax payable by Third Tier Sublessee or any mechanic's or materialman's lien by reason of work, labor, services or materials supplied or claimed to be supplied to Third Tier Sublessee, or anyone else in the Premises, or any part thereof, or otherwise) which might be or become a lien, encumbrance or charge upon the Building, the Premises or any part thereof or the income therefrom. If any such mechanic's or materialman's lien shall at any time be filed against the Building, the Premises or any part thereof, Third Tier Sublessee, within fifteen (15) days after notice of the filing thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
Appears in 1 contract