Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting thereof in the Premises (collectively, "Alterations"), except as expressly provided in this Paragraph 9. Tenant shall have the right, without Landlord's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord with five (5) business days' advance notice of the commencement of any such Alteration, (e) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike manner and in accordance with all applicable Legal Requirements, (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos procedures. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraph, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires Landlord to perform the Alteration, Landlord's contractor shall be entitled to receive a fee as negotiated by Tenant and Landlord. If Landlord does not perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall not include architectural, engineering or permit fees) as compensation to Landlord for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 2 contracts
Samples: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. If Tenant desires any Alteration, Tenant must obtain Landlord’s prior written approval of such Alteration, which approval shall not be unreasonably withheld. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Paragraph 9, Tenant shall have the right, without Landlord's ’s consent, to make any Alteration to that meets all of the Premises, provided that following criteria (a “Cosmetic Alteration”): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) Tenant provides Landlord with five ten (510) business days' ’ advance written notice of the commencement of any such Alteration, (ec) such Alteration does not affect the Building's ’s electrical, mechanical mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class new materials comparable in quality to those being replaced and is performed in a workmanlike xxxxxxx-like manner and in accordance with all applicable Legal Applicable Requirements, (e) the work does not involve any Hazardous Materials, (f) the work does not involve opening the ceiling of the Premises and is not visible from the exterior of the Premises, and (fg) the work total cost of such Alteration does not involve the Building's asbestos proceduresexceed Eighty Thousand Dollars ($80,000.00). At the time Tenant notifies Landlord of any such workCosmetic Alteration, Tenant shall give Landlord a copy of Tenant's ’s plans for the work. If the Alterations are Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraph, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld. All Alterations shall be made at Tenant's ’s sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations Tenant shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires either (i) arrange for Landlord to perform the Alterationwork on terms and conditions acceptable to Landlord and Tenant, Landlord's contractor each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be entitled to receive a fee as negotiated by Tenant and Landlordunreasonably withheld). If Landlord does not Regardless of the contractors who perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "“Alteration Operations Fee"”) equal to five four percent (54%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for electrical energy consumed Landlord’s internal review of Tenant’s Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant’s obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease); provided, however, in no event shall the Alteration Operations Fee apply to Cosmetic Alterations. Tenant shall also reimburse Landlord for Landlord’s actual out-of-pocket expenses in connection with the work, freight elevator operation, such as additional cleaning expenses, additional security servicesfees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto, and for other miscellaneous costs reasonably incurred by Landlord as result of the workwork (but excluding supervision costs, which the parties acknowledge are covered by the Alteration Operations Fee). All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, shall be performed by contractors approved by Landlord, and shall comply with all Legal Requirements and Landlord's ’s construction procedures standards, procedures, conditions and requirements for the Building as in effect from time to time (including Landlord's ’s requirements relating to insurance and contractor qualifications). To the extent applicable, and without limitation of the foregoing, Tenant shall cause a timely Notice of Completion to be recorded in the office of the Recorder of Santa Xxxxx County in accordance with Section 8182 of the California Civil Code or any successor statute. Tenant shall deliver to Landlord, within thirty (30) days following the completion of the Alterations, a copy of as-built drawings of the Alterations in a form acceptable to Landlord. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five ten (510) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility non-responsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of proposed Alterations and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Office Lease (Zscaler, Inc.)
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. Except as expressly provided in this Paragraph 9, if Tenant desires any Alteration, Tenant must obtain Landlord’s prior written approval (not to be unreasonably withheld, conditioned or delayed) of such Alteration. Landlord shall have the right, without Landlord's consent, to make ten (10) Business Days from receipt of written request for approval of any Alteration and Xxxxxxxx’s receipt of all information and documentation requested by Landlord relating to such Alterations in which to approve or disapprove such matter, provided that, in order for any such notice to result in a deemed approval, any such written request to Landlord with respect to any Alterations must be marked in bold lettering with the following language: “LANDLORD’S RESPONSE IS REQUIRED WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LANDLORD”. In the event that Landlord fails to respond to the PremisesAlteration in question within such time (as same may be extended as provided below), and provided that (a) the Alteration foregoing language is decorative included in nature (such as paintthe request, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord Xxxxxxxx’s approval shall be deemed given for all purposes with five (5) business days' advance notice of the commencement of any such Alteration, (e) respect to such Alteration does not affect but only to the Building's electrical, mechanical or HVAC systems or any part of extent that such Alteration complies with the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials information previously provided to Landlord in all material respects and is performed in a workmanlike manner and constructed in accordance with all applicable Legal Requirements, (e) the work does not involve opening requirements of this Lease. If such Alterations affect the ceiling Base Building or is of a scope for which Landlord will require review of the Premises relevant plans and specifications by a third party expert, then the foregoing ten (f10) Business Day response period shall not apply (nor shall Landlord’s deemed consent as provided herein) and Landlord shall be provided a reasonable period of time (not to exceed fifteen (15) additional Business Days) to have such third party complete its review of the work does not involve subject Alterations prior to Landlord being required to provide its approval or disapproval of the Building's asbestos proceduressubject Alterations. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a such information and documentation as may be reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraph, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires Landlord to perform the Alteration, Landlord's contractor shall be entitled to receive a fee as negotiated by Tenant and Landlord. If Landlord does not perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall not include architectural, engineering or permit fees) as compensation to Landlord for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed identification of all contractors and subcontractors and complete plans and specifications, MEP drawings and construction drawings. For purposes of clarification, Landlord requesting additional and/or clarified information, in addition to the Premises approving or denying any request (but excluding moveable, free standing partitions) and all carpetingin whole or in part), shall at once become part be deemed a response by Landlord for purposes of the Building and the property of Landlordforegoing ten (10) Business Day period response requirement. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.1005628.07/SF 375170-00002/11-24-16/mrm/mrm -24-
Appears in 1 contract
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. Tenant shall have the right, without Landlord's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord with five (5) business days' advance notice of the commencement of any such Alteration, (e) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike manner and in accordance with all applicable Legal Requirements, (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos procedures. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraphAlteration, Tenant must obtain Landlord's ’s prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld, conditioned or delayed. All Alterations shall be made at Tenant's ’s sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, Requirements and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations Tenant shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires either (i) arrange for Landlord to perform the Alterationwork on terms and conditions acceptable to Landlord and Tenant, Landlord's contractor each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be entitled unreasonably withheld, conditioned or delayed). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive a fee as negotiated by Tenant and Landlordtheir copy. If Landlord does not Regardless of the contractors who perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "“Alteration Operations Fee"”) equal to five three percent (53%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for Landlord’s internal review of Tenant’s Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant’s obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Tenant shall also reimburse Landlord for Landlord’s expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto and to monitor contractor compliance with Building construction requirements, and for other miscellaneous costs incurred by Landlord as result of the work. Upon the completion of an Alteration, Tenant shall notify Landlord in writing of the total cost of the Alteration. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, shall be performed by contractors approved by Landlord, and shall comply with all Legal Requirements and Landlord's ’s construction procedures standards, procedures, conditions and requirements for the Building as in effect from time to time (including Landlord's ’s reasonable requirements relating to insurance and contractor qualifications). In no event To the extent applicable, and without limitation of the foregoing, Tenant shall Tenant employ any person, entity or contractor cause a timely Notice of Completion to perform work be recorded in the Premises whose presence may give rise office of the Recorder of Alameda County in accordance with the California Civil Code or any successor code. Tenant shall deliver to Landlord, within thirty (30) days following the completion of the Alterations, a labor or other disturbance copy of as-built drawings of the Alterations in the Buildinga form acceptable to Landlord. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five ten (510) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility non-responsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of proposed Alterations and naming Landlord as a co-obligee.
Appears in 1 contract
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. If Tenant desires any Alteration (other than a Cosmetic Alteration, as defined below), Tenant must obtain Landlord’s prior written approval of such Alteration, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary contained elsewhere in this Paragraph 9, Tenant shall have the right, without Landlord's ’s consent, to make any Alteration to the Premises, provided Premises that meets all of the following criteria (a “Cosmetic Alteration”): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work)) or otherwise consists of de minimus work such as the installation of light fixtures, (b) Tenant provides Landlord with five ten (510) business days' ’ advance written notice of the commencement of any such Alteration, (ec) such Alteration does not involve opening the ceiling or affect the Building's ’s electrical, mechanical mechanical, life safety, plumbing, security, or HVAC systems or any structural portion of the Building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class new materials comparable in quality to those being replaced and is performed in a workmanlike xxxxxxx like manner and in accordance with all applicable Legal Requirements, and (e) the work does not involve opening the ceiling total cost of the Premises and (f) the work does not involve the Building's asbestos proceduresexceed Fifty Thousand Dollars ($50,000.00) over a twelve (12) month period. At the time Tenant notifies Landlord of any such workCosmetic Alteration, Tenant shall give Landlord a copy of Tenant's ’s plans for the work. If the Alterations are Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraph, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld. All Alterations shall be made at Tenant's ’s sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations Tenant shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires either (i) arrange for Landlord to perform the Alterationwork on terms and conditions acceptable to Landlord and Tenant, Landlord's contractor each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be entitled to receive a fee as negotiated by Tenant and Landlordunreasonably withheld, conditioned or delayed). If Landlord does not Regardless of the contractors who perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "“Alteration Operations Fee"”) equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for Landlord’s internal review of Tenant’s Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant’s obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Notwithstanding the foregoing, the Alteration Operations Fee shall be inapplicable to Cosmetic Alterations. Tenant shall also reimburse Landlord for Landlord’s actual and reasonable out-of-pocket expenses such as electrical energy consumed in connection with the work, after-hour freight elevator operation, additional cleaning expensesexpenses (if required due to Tenant’s contractor’s failure to timely perform the required cleaning work), additional security services, fees and charges paid to third party architects, engineers and other consultants for review of any elements of the proposed work that Landlord’s in-house staff is not qualified to review and for other miscellaneous costs incurred by Landlord as result of the workwork (other than Landlord’s supervision costs, which the parties agree are covered by the Alteration Operations Fee above). All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures and requirements ’s Conditions for the Building (including Construction & Tenant Construction Standards in effect from time to time, which standards include, without limitation, Landlord's ’s requirements relating to insurance and contractor qualifications)qualifications and LEED compliance. A copy of the Conditions for Construction & Tenant Construction Standards are available in the Building office. To the extent applicable, and without limitation of the foregoing, Tenant shall cause a timely Notice of Completion to be recorded in the office of the Recorder of San Francisco County in accordance with Section 3093 of the California Civil Code or any successor statute. Tenant shall deliver to Landlord, within thirty (30) days following the completion of the Alterations, a copy of as-built drawings of the Alterations in a form acceptable to Landlord. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility non-responsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 1 contract
Samples: Office Lease (New Relic Inc)
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. Tenant shall have the right, without Landlord's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord with five (5) business days' advance notice of the commencement of any such Alteration, (e) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike manner and in accordance with all applicable Legal Requirements, (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos procedures. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by Alteration, including the second sentence of this grammatical paragraphInitial Alterations, Tenant must obtain Landlord's ’s prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld, conditioned or delayed. With respect to the Initial Alterations, Landlord shall respond to a written request for consent, delivered by Tenant together with reasonably complete documentation as to the scope and design of the Initial Alterations, within ten (10) Business Days; provided, however, that if Landlord shall fail to respond within such ten (10) Business Day period, Tenant shall so notify Landlord and if Landlord shall then fail to deliver a response to Tenant within three (3) Business Days of Landlord’s receipt of Tenant’s second notice, the Initial Alterations described in Tenant’s written request for consent shall be deemed approved. For all other Alterations, the process described in the preceding sentence shall apply, however the time periods shall be fifteen (15) Business Days and seven (7) Business Days, respectively. All Alterations shall be made at Tenant's ’s sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason directly arising out of the Alterations), subject to Landlord’s payment of the Landlord’s Allowance with respect to the Initial Alterations. Alterations Tenant shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires either (i) arrange for Landlord to perform the Alterationwork on terms and conditions acceptable to Landlord and Tenant, Landlord's contractor each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be entitled unreasonably withheld, conditioned or delayed). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive a fee as negotiated by Tenant and Landlordtheir copy. If Landlord does not Regardless of the contractors who perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "“Alteration Operations Fee"”) equal to five three percent (53%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for Landlord’s internal review of Tenant’s plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant’s obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Landlord and Tenant confirm that no Alteration Operations Fee shall be payable with respect to the Initial Alterations in recognition of Tenant’s obligation to pay the Construction Management Fee as provided herein. Tenant shall also reimburse Landlord for Landlord’s expenses such as for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto and to monitor contractor compliance with Building construction requirements, and for other miscellaneous costs incurred by Landlord as result of the workconstruction of Alterations, including the Initial Alterations. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's ’s construction procedures standards, procedures, conditions and requirements for the Building as in effect from time to time (including Landlord's ’s requirements relating to insurance and contractor qualifications)) and provided in writing to Tenant upon request to Landlord. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 1 contract
Samples: Office Lease (New Relic Inc)
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. Tenant shall have the rightExcept as expressly provided in this Paragraph 9, without Landlord's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord with five (5) business days' advance notice of the commencement of any such Alteration, (e) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike manner and in accordance with all applicable Legal Requirements, (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos procedures. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If if Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraphAlteration, Tenant must obtain Landlord's prior written approval (not to be unreasonably withheld, conditioned or delayed) of such Alteration. Landlord shall have ten (10) Business Days from receipt of written request for approval of any Alteration and Landlord's receipt of all information and documentation requested by Landlord relating to such Alterations in which to approve or disapprove such matter, which approval provided that, in order for any such notice to result in a deemed approval, any such written request to Landlord agrees, shall not with respect to any Alterations must be unreasonably withheldmarked in bold lettering with the following language: “LANDLORD'S RESPONSE IS REQUIRED WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LANDLORD”. All Alterations shall In the event that Landlord fails to respond to the Alteration in question within such time (as same may be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicableextended as provided below), and any other work required to be performed provided that the foregoing language is included in other areas within or outside the Premises by reason of the Alterations). Alterations shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires Landlord to perform the Alterationrequest, Landlord's contractor approval shall be entitled deemed given for all purposes with respect to receive a fee as negotiated by Tenant and Landlord. If Landlord does not perform the work pursuant such Alteration but only to the above, Tenant shall pay Landlord on demand prior to or during extent that such Alteration complies with the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall not include architectural, engineering or permit fees) as compensation information previously provided to Landlord for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, all material respects and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and is constructed in accordance with the requirements of this Lease. If such Alterations affect the Base Building or is of a scope for which Landlord will require review of the relevant plans and specifications approved by a third party expert, then the foregoing ten (10) Business Day response period shall not apply (nor shall Landlord's deemed consent as provided herein) and Landlord shall be provided a reasonable period of time (not to exceed fifteen (15) additional Business Days) to have such third party complete its review of the subject Alterations prior to Landlord being required to provide its approval or disapproval of the subject Alterations. Tenant shall provide Landlord with such information and documentation as may be reasonably required by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed identification of all contractors and subcontractors and complete plans and specifications, MEP drawings and construction drawings. For purposes of clarification, Landlord requesting additional and/or clarified information, in addition to the Premises approving or denying any request (but excluding moveable, free standing partitions) and all carpetingin whole or in part), shall at once become part be deemed a response by Landlord for purposes of the Building and the property of Landlordforegoing ten (10) Business Day period response requirement. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.1005628.07/SF 375170-00002/11-24-16/mrm/mrm -24-
Appears in 1 contract
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "Alterations"), except as expressly provided in this Paragraph 9. Tenant shall have the right, without Landlord's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions and work stations, or other such work)) and with a total cost of less than $25,000, (b) Tenant provides Landlord with five ten (510) business days' advance notice of the commencement of any such Alteration, (ec) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike wxxxxxx-like manner and in accordance with all applicable Legal Requirementslaws and regulations, (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos procedures. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by in the second sentence of this grammatical paragraphpreceding two (2) sentences, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheldwithheld or delayed. 13 All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). For those Alterations shall be madewhich require Landlord's consent pursuant to the above, at Tenant's election, by Landlord or by a may elect to cause its contractor reasonably approved by Landlord. If Tenant hires Landlord to perform the AlterationAlterations, in which case Landlord's contractor shall be entitled to receive a fee as negotiated for such work equal to one hundred five percent (105%) of the total fee for general conditions, overhead and profit that would be charged by Tenant a general contractor of comparable reputation and Landlordquality performing such Alterations. If the Alteration required Landlord's consent and Landlord does not perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) Alterations and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 1 contract
Samples: Norcal Waste Systems Inc
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "Alterations"), except as expressly provided in this Paragraph 9. Tenant shall have the right, without Landlord's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord with five (5) business days' advance notice of the commencement of any such Alteration, (e) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike manner and in accordance with all applicable Legal Requirements, (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos procedures. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraphAlteration, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations shall be made, at Tenant's election, by Landlord or by a may elect to cause its contractor reasonably approved by Landlord. If Tenant hires Landlord to perform the AlterationAlterations, in which case Landlord's contractor shall be entitled to receive a fee for such work of fifteen percent (15%) of the first $100,000 of the construction costs of such work, and the fee for any construction costs over such amount shall be as negotiated by Tenant and Landlord. If Landlord does not perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five ten percent (510%) of the total hard cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such hard cost shall not include architectural, engineering or permit fees) as compensation to Landlord for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 1 contract
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "Alterations"), except as expressly provided in this Paragraph 9. If Tenant desires any Alteration, except for Cosmetic Alterations as described in the immediately following grammatical paragraph, Tenant must obtain Landlord's prior written approval of such Alteration, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Paragraph 9, Tenant shall have the right, without Landlord's consent, to make any Alteration to the Premises, provided Premises that meets all of the following criteria (a "Cosmetic Alteration"): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) Tenant provides Landlord with five (5) business days' advance written notice of the commencement of any such Alteration, (ec) such Alteration does not affect the Building's electrical, mechanical mechanical, life safety, plumbing, security, or HVAC systems or any structural portion of the Building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class new materials comparable in quality to those being replaced and is performed in a workmanlike workman like manner and in accordance with all applicable Legal Requirements, Reqxxxxxxxts and (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos proceduresPremises. At the time Tenant notifies Landlord of any such workCosmetic Alteration, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraph, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations Tenant shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires either (i) arrange for Landlord to perform the Alterationwork on terms and conditions acceptable to Landlord and Tenant, Landlord's contractor each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be entitled unreasonably withheld). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive a fee as negotiated by Tenant and Landlordtheir copy. If Landlord does not Regardless of the contractors who perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five three percent (53%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for Landlord's internal review of Tenant's Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant's obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease); provided, however, that the Alteration Operations Fee shall be inapplicable to Cosmetic Alterations. Tenant shall also reimburse Landlord for Landlord's actual expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous any third party costs (including costs of retaining third party architects or engineers) reasonably incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications reasonably approved by Landlord, and shall comply with all Legal Requirements and Landlord's reasonable construction procedures standards, procedures, conditions and requirements for the Building as in effect from time to time (including Landlord's reasonable requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any Any person, entity or contractor employed to perform work in the Premises whose presence may give rise shall be subject to a labor or the provisions of the third grammatical paragraph of Paragraph 8.a. above (without limitation of any other disturbance in the Buildingapplicable provisions of this Lease). Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. In no event shall the foregoing be deemed to prevent Tenant from removing any of Tenant's furniture, trade fixtures, equipment or other personal property from the Premises during the Lease term or at the expiration of the Lease term and Tenant agrees that Tenant shall repair, at Tenant's sole cost, any damage to the Premises caused by such removal. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility non-responsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "Alterations"), except as expressly provided in this Paragraph 9. If Tenant desires any Alteration, Tenant must obtain Landlord's prior written approval of such Alteration. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Paragraph 9, Tenant shall have the right, without Landlord's consent, to make any Alteration to that meets all of the Premises, provided that following criteria (a "Cosmetic Alteration"): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) Tenant provides Landlord with five ten (510) business days' advance written notice of the commencement of any such Alteration, (ec) such Alteration does not affect the Building's electrical, mechanical mechanical, life safety, plumbing, security, or HVAC systems or any structural portion of the Building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike xxxxxxx-like manner and in accordance with all applicable Legal Requirements, (e) the work does not involve any Hazardous Materials, (f) the work does not involve opening the ceiling of the Premises and (fg) the aggregate cost of the work does will not involve the Building's asbestos proceduresexceed Ten Thousand Dollars ($10,000.00). At the time Tenant notifies Landlord of any such workCosmetic Alteration, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by Notwithstanding anything to the second sentence of this grammatical paragraphcontrary herein, Tenant must obtain may, without prior notice to or consent from Landlord's prior written approval , hang on the walls of the Premises artwork and other items typically hung in office premises, provided that Tenant uses nails, hooks or other devices reasonably approved by Landlord for such Alteration, which approval Landlord agrees, shall not be unreasonably withheldpurposes. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations For other than Cosmetic Alterations, Tenant shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires either (i) arrange for Landlord to perform the Alterationwork on terms and conditions acceptable to Landlord and Tenant, Landlord's contractor each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be entitled unreasonably withheld). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive a fee as negotiated by Tenant and Landlordtheir copy. If Landlord does not Regardless of the contractors who perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for Landlord's internal review of Tenant's Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant's obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Notwithstanding the foregoing, the Alteartion Operations Fee shall not apply to Cosmetic Alterations. Tenant shall also reimburse Landlord for Landlord's expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto and to monitor contractor compliance with Building construction requirements, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures standards, procedures, conditions and requirements for the Building as in effect from time to time (including Landlord's requirements relating to insurance and contractor qualifications). To the extent applicable, and without limitation of the foregoing, Tenant shall cause a timely Notice of Completion to be recorded in the office of the Recorder of Orange County in accordance with Section 3093 of the California Civil Code or any successor statute. Tenant shall deliver to Landlord, within thirty (30) days following the completion of the Alterations, a copy of as-built drawings of the Alterations in a form acceptable to Landlord. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 1 contract
Samples: Office Lease (Kitara Media Corp.)
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. If Tenant desires any Alteration, except for Cosmetic Alterations as described in the immediately following grammatical paragraph, Tenant must obtain Landlord’s prior written approval of such Alteration, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Paragraph 9, Tenant shall have the right, without Landlord's ’s consent, to make any Alteration to the Premises, provided Premises that meets all of the following criteria (aa “Cosmetic Alteration”): (i) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) Tenant provides Landlord with five (5) business days' ’ advance written notice of the commencement of any such Alteration, (ec) such Alteration does not affect the Building's ’s electrical, mechanical mechanical, life safety, plumbing, security, or HVAC systems or any structural portion of the Building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class new materials comparable in quality to those being replaced and is performed in a workmanlike xxxxxxx like manner and in accordance with all applicable Legal Requirements, Requirements and (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos proceduresPremises. At the time Tenant notifies Landlord of any such workCosmetic Alteration, Tenant shall give Landlord a copy of Tenant's ’s plans for the work. If the Alterations are Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraph, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld. All Alterations shall be made at Tenant's ’s sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations Tenant shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires either (i) arrange for Landlord to perform the Alterationwork on terms and conditions acceptable to Landlord and Tenant, Landlord's contractor each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be entitled unreasonably withheld). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive a fee as negotiated by Tenant and Landlordtheir copy. If Landlord does not Regardless of the contractors who perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "“Alteration Operations Fee"”) equal to five percent (5%) of the total hard cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such hard cost shall not include architectural, engineering or permit fees) as compensation to Landlord for Landlord’s internal review of Tenant’s Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant’s obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Notwithstanding the foregoing, the Alteration Operations Fee shall be inapplicable to Cosmetic Alterations. Tenant shall also reimburse Landlord for Landlord’s expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto and to monitor contractor compliance with Building construction requirements, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications reasonably approved by Landlord, and shall comply with all Legal Requirements and Landlord's ’s reasonably and uniformly applied construction procedures procedures, conditions and requirements for the Building as in effect from time to time (including Landlord's ’s requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, including without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by ay Landlord in or on the Premises.
Appears in 1 contract
Samples: And Attornment Agreement (Oscient Pharmaceuticals Corp)
Alterations and Restoration. a. Except as set forth in this Paragraph 9(a), Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration (excluding penetration to hang artwork or other lightweight items) or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. Tenant shall have the right, without Landlord's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord with five (5) business days' advance notice of the commencement of any such Alteration, (e) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike manner and in accordance with all applicable Legal Requirements, (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos procedures. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraphAlteration, Tenant must obtain Landlord's ’s prior written approval of such Alteration, Alteration which approval Landlord agrees, shall not be unreasonably withheld, delayed, or conditioned. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations* consisting of painting (and/or other wall covering), window treatments, carpeting, flooring, installation of doors and internal windows within the Premises, and the installation of Tenant’s furniture and trade fixtures, so long as none of the foregoing require a building permit to perform and the costs with respect to the foregoing do not exceed $100,000.00 (such Alterations, the “Decorative Alterations”). At least five (5) Business Days prior to commencing any Decorative Alterations, Tenant shall give to Landlord a notice of Tenant’s intention to perform such Decorative Alteration, which notice shall be accompanied by a reasonably detailed description of the Decorative Alterations that Tenant intends to perform. Other than the requirement of Landlord’s consent being waived for Decorative Alterations or as otherwise expressly set forth in this Paragraph 9, Tenant shall otherwise abide by all of the provisions of this Paragraph 9 with respect to Decorative Alterations. All Alterations shall be made at Tenant's ’s sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). For all Alterations other than Decorative Alterations, Tenant shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires either (i) arrange for Landlord to perform the Alterationwork on terms and conditions acceptable to Landlord and Tenant, Landlord's contractor each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be entitled unreasonably withheld, conditioned or delayed). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive a fee as negotiated by Tenant and Landlordtheir copy. If Landlord does not Regardless of the contractors who perform the work pursuant to the above, except with respect to Decorative Alterations, Tenant shall pay Landlord on within ten (10) Business Days after written demand therefor prior to or during the course of such construction an amount (the "“Alteration Operations Fee"”) equal to five percent (5%) of the total hard cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) for any Alterations under $500,000 and three percent (3%) of the total hard cost of the Alteration for any Alterations over $500,00 as compensation to Landlord for Landlord’s internal review of Tenant’s Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant’s obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Tenant shall also reimburse Landlord for Landlord’s expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto and to monitor contractor compliance with Building construction requirements, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's ’s reasonable construction procedures standards, procedures, conditions and requirements for the Building as in effect from time to time (including Landlord's ’s requirements relating to insurance and contractor qualifications). Tenant shall deliver to Landlord, within thirty (30) days following the completion of the Alterations, a copy of as-built drawings of the Alterations in a form reasonably acceptable to Landlord. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may Tenant believes, in its reasonable opinion, is likely to give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant to Landlord for or in connection with an Alteration which continues beyond any applicable notice and cure periods pursuant to Paragraph 25 hereof (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility non-responsibility with respect to any Alteration Alteration, and Tenant shall maintain any such notices posted by Landlord in or on the PremisesPremises until such time as such posting is no longer required.
Appears in 1 contract
Samples: Center (2U, Inc.)
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "“Alterations"”), except as expressly provided in this Paragraph 9. Except as expressly provided in this Paragraph 9, if Tenant desires any Alteration, Tenant must obtain Landlord’s prior written approval (not to be unreasonably withheld, conditioned or delayed) of such Alteration. Landlord shall have the right, without Landlord's consent, to make ten (10) Business Days from receipt of written request for approval of any Alteration and Landlord’s receipt of all information and documentation requested by Landlord relating to such Alterations in which to approve or disapprove such matter, provided that, in order for any such notice to result in a deemed approval, any such written request to Landlord with respect to any Alterations must be marked in bold lettering with the following language: “LANDLORD’S RESPONSE IS REQUIRED WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LANDLORD”. In the event that Landlord fails to respond to the PremisesAlteration in question within such time (as same may be extended as provided below), and provided that (a) the Alteration foregoing language is decorative included in nature (such as paintthe request, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord Landlord’s approval shall be deemed given for all purposes with five (5) business days' advance notice of the commencement of any such Alteration, (e) respect to such Alteration does not affect but only to the Building's electrical, mechanical or HVAC systems or any part of extent that such Alteration complies with the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials information previously provided to Landlord in all material respects and is performed in a workmanlike manner and constructed in accordance with all applicable Legal Requirements, (e) the work does not involve opening requirements of this Lease. If such Alterations affect the ceiling Base Building or is of a scope for which Landlord will require review of the Premises relevant plans and specifications by a third party expert, then the foregoing ten (f10) Business Day response period shall not apply (nor shall Landlord’s deemed consent as provided herein) and Landlord shall be provided a reasonable period of time (not to exceed fifteen (15) additional Business Days) to have such third party complete its review of the work does not involve subject Alterations prior to Landlord being required to provide its approval or disapproval of the Building's asbestos proceduressubject Alterations. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of Tenant's plans for the work. If the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a such information and documentation as may be reasonably specific description of the work. If Tenant desires any Alteration that is not covered by the second sentence of this grammatical paragraph, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheld. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires Landlord to perform the Alteration, Landlord's contractor shall be entitled to receive a fee as negotiated by Tenant and Landlord. If Landlord does not perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall not include architectural, engineering or permit fees) as compensation to Landlord for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed identification of all contractors and subcontractors and complete plans and specifications, MEP drawings and construction drawings. For purposes of clarification, Landlord requesting additional and/or clarified information, in addition to the Premises approving or denying any request (but excluding moveable, free standing partitions) and all carpetingin whole or in part), shall at once become part be deemed a response by Landlord for purposes of the Building and the property of Landlordforegoing ten (10) Business Day period response requirement. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.1005628.07/SF 375170-00002/11-24-16/mrm/mrm -24-
Appears in 1 contract
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "Alterations"), except as expressly provided in this Paragraph 9. Tenant shall have the right, without Landlord's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord with five ten (510) business days' advance notice of the commencement of any such Alteration, (ec) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike xxxxxxx-like manner and in accordance with all applicable Legal Requirementslaws and regulations, and (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos proceduresPremises. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of TenantXxxxxx's plans for the work. If , or, if the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by in the second sentence of this grammatical paragraphpreceding two (2) sentences, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheldwithheld or delayed. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires Landlord to perform the Alteration, Landlord's contractor shall be entitled to receive a fee for such work of fifteen percent (15%) of the first $100,000 of the construction costs of such work, and the fee for any construction costs over such amount shall be as negotiated by Tenant Xxxxxx and Landlord. If Landlord does not perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Alterations and Restoration. a. Tenant shall not make or permit to be made any alterations, modifications, additions, decorations or improvements to the Premises, or any other work whatsoever that would directly or indirectly involve the penetration or removal (whether permanent or temporary) of, or require access through, in, under, or above any floor, wall or ceiling, or surface or coveting covering thereof in the Premises (collectively, "Alterations"), except as expressly provided in this Paragraph 9. Tenant shall have the right, without LandlordXxxxxxxx's consent, to make any Alteration to the Premises, provided that (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) Tenant provides Landlord with five ten (510) business days' advance notice of the commencement of any such Alteration, (ec) such Alteration does not affect the Building's electrical, mechanical or HVAC systems or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only first-class materials and is performed in a workmanlike xxxxxxx-like manner and in accordance with all applicable Legal Requirementslaws and regulations, and (e) the work does not involve opening the ceiling of the Premises and (f) the work does not involve the Building's asbestos proceduresPremises. At the time Tenant notifies Landlord of any such work, Tenant shall give Landlord a copy of TenantXxxxxx's plans for the work. If , or, if the Alterations are of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. If Tenant desires any Alteration that is not covered by in the second sentence of this grammatical paragraphpreceding two (2) sentences, Tenant must obtain Landlord's prior written approval of such Alteration, which approval Landlord agrees, shall not be unreasonably withheldwithheld or delayed. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all present and future Legal Requirements, including those regarding asbestos, if applicable, and any other work required to be performed in other areas within or outside the Premises by reason of the Alterations). Alterations shall be made, at Tenant's election, by Landlord or by a contractor reasonably approved by Landlord. If Tenant hires Landlord to perform the Alteration, Landlord's contractor shall be entitled to receive a fee for such work of fifteen percent (15%) of the first $100,000 of the construction costs of such work, and the fee for any construction costs over such amount shall be as negotiated by Tenant Xxxxxx and Landlord. If Landlord does not perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the Alteration (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include architectural, engineering or permit fees) as compensation to Landlord for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work. All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all Legal Requirements and Landlord's then current construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications). In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
