Common use of Alterations, Fixtures Clause in Contracts

Alterations, Fixtures. The premises shall not be altered, repaired or changed without the written consent of Landlord first had and obtained, , except that Tenant shall have the right to perform non-structural improvements of the leased premises which do not affect the Building systems (as hereinafter defined) or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of such improvements within any twelve (12) month period, without Landlord’s prior written consent. All such alterations, improvements or changes shall be at the sole cost of Tenant and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within ten (10) days of such filling either by the satisfaction of such lien or by the posting of a bond. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and the requirement that Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior to the commencement of any such work, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, become the property of Landlord and shall remain upon and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said items, and repair any damage to the premises occasioned by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder and shall be due and payable from Tenant to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in full.

Appears in 2 contracts

Samples: First Lease Addendum (City National Corp), First Lease Addendum (City National Corp)

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Alterations, Fixtures. The premises shall not be altered, repaired or changed without the written consent of Landlord first had and obtained, , except that Tenant shall have the right to perform non-structural improvements of the leased premises which do not affect the Building systems (as hereinafter defined) or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of such improvements within any twelve (12) month periodSection 5.01. Tenant, without Landlord’s 's prior written consent. All such , shall make no alterations, installations, additions, or improvements in or changes shall be at the sole cost of Tenant and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within ten Demised Premises (10"work") days of such filling either by the satisfaction of such lien or by the posting of a bond. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, an air-conditioning or cooling system, or any unit or part thereof or other apparatus of like or other nature, railings, mezzanine floors, galleries and the requirement that Tenant utilize for like. If any contractor, other than Landlord, shall perform work, such purposes only contractors, materials, mechanics and materialmen contractor shall first be approved by Landlord, and the requirement that as a condition of such approval, Tenant shall furnish pay to Landlord ten (10%) percent of the cost of such work for supervision, coordination and other expenses incurred by Landlord in connection therewith. However, such ten (10%) percent charge shall not apply to Tenant's initial work in the Demised Premises nor to painting, wall covering, carpeting and furnishings. Workers' compensation and public liability insurance and property damage insurance, all in amounts and with a Completion Bond prior companies and/or forms reasonably satisfactory to Landlord, shall be provided and at all times maintained by Tenant's contractors engaged in the commencement performance of any the work, and before proceeding with the work, certificates of such insurance shall be furnished to Landlord. If consented to by Landlord, all such work shall be done at Tenant's sole expense and in full compliance with all governmental authorities having jurisdiction thereover. Upon completion of such work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinancedeliver to Landlord full scale "as built" plans for the same. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile All work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior affixed to the commencement of any such workrealty or if not so affixed but for which Tenant shall have received a credit, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, become the property of Landlord Landlord, subject to Tenant's right to replace same during the term hereof with items of equal quality class and value, and shall remain upon upon, and be surrendered with with, the premises upon Demised Premises as a part thereof at the expiration end of this lease the term or any sooner termination thereof; provided that upon expiration renewal or extension term, as the case may be, without allowance to Tenant or charge to Landlord, unless Landlord elects otherwise on notice to Tenant given at the time Landlord has consented to the work. However, if Landlord shall elect, otherwise, Tenant at Tenant's expense, at or prior to any termination of this Lease, shall remove all such work or such portion thereof as Landlord shall have the right elect and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and shall restore the Demised Premises to its original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at Tenant's expense. Notwithstanding the sole option foregoing, Tenant shall not be obligated to remove any of its initial work in the Demised Premises. If any Building facilities or services, including but not limited to air-conditioning and ventilating equipment installed by Landlord, Tenant are adversely affected or damaged by reason of the work by Tenant, Tenant, at its expense, must remove said items, and shall repair any such damage to the premises occasioned extent such damage has been caused by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder 's work and shall be due and payable from Tenant correct the work so as to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment prevent any further damage or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration adverse effect on such facilities or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullservices.

Appears in 1 contract

Samples: Global Technologies LTD

Alterations, Fixtures. The premises shall not be altered, repaired or changed without the written consent of Landlord first had and obtained, , except that 13.01. Tenant shall have make no structural alterations, installations, addition, or improvements in or to the right to perform non-structural improvements of the leased premises which do not affect the Building systems (as hereinafter defined) or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of such improvements within any twelve (12) month period, Demised Premises without Landlord’s prior written consent, which will not be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics approved by Landlord. Tenant shall be permitted to make interior non-structural alterations, additions and improvements without Landlord’s prior consent. All such work, alterations, decorations, installations, additions, or improvements or changes shall be done at the Tenant’s sole cost of Tenant expense and Tenant shall hold Landlord in full compliance with all laws and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewithgovernmental bodies having jurisdiction. Tenant shall cause If any mechanic’s lien or other lien is filed against the demised premises Demised Premises or the building of which the demised premises are a part Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it shall be released and removed discharged by Tenant within ten (10) days of thereafter, at Tenant’s expense, by filing the bond required by law or payment or otherwise. In addition, Tenant shall defend, save, and hold Landlord harmless from any such filling either by the satisfaction of such mechanic’s lien or by the posting of a bondclaim, including, without limitation, Landlord’s reasonable attorney’s fees, costs, and expenses. Landlord may impose, as a condition shall not be liable to Tenant or any other person or entity for any failure of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, any Building facilities or services including, but not limited to, the requirement that Tenant utilize for such purposes only contractorswater, materialssewer. electricity, mechanics and materialmen approved by Landlordheating, ventilating, and the requirement that air conditioning installations and/or systems and/or components, and/or additions by Tenant, and Tenant shall furnish correct any such faulty installation or additions by the Tenant. Landlord with shall not be liable to Tenant or its subtenants or assignees or to anyone claiming by through or under Tenant for any losses or damages, including lost profits, due to interruption of their respective business operations or whatever as a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice result of the commencement date of any alterationsinterruption, improvements failure, delay or repairs other impediment to be made in, to or upon the premises not later than fifteen (15) days prior to the commencement of any such work, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural those services or consultants employed by utilities. Upon Tenant’s failure to correct same after notice and opportunity to cure in accordance with Article 17, Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, may make such correction and charge Tenant for the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by cost thereof. Such sum due Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, become the property of Landlord and shall remain be paid by Tenant promptly upon being billed therefor, and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, howeverunless so paid, Tenant shall also pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as Landlord interest at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said items, and repair any damage to the premises occasioned by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete Default Rate on such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder and shall be due and payable from Tenant to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullrent.

Appears in 1 contract

Samples: Commercial Lease (Ultimate Software Group Inc)

Alterations, Fixtures. The premises Section 5.01. Tenant, without Landlord's prior consent, shall make no structural alterations, installations, additions, or improvements in or to the Demised Premises ("work") including, but not limited to, an air-conditioning or cooling system, or any unit or part thereof or other apparatus of like or other nature, railings, mezzanine floors, galleries and the like. However, Tenant may make non-structural interior work, subject to Landlord's prior written consent which shall not be alteredunreasonably withheld or delayed. Notwithstanding the foregoing, repaired or changed Tenant, without the written Landlord's consent but subject to Landlord's approval of Landlord first had and obtainedcontractors, , except that Tenant shall have the right to perform non-may make non- structural improvements of the leased premises interior work which do does not affect the Building systems (as hereinafter defined) or substantially alter the layout structural integrity of the leased premises up to a total expenditure which Building or the Building systems, does not exceed affect the sum of other tenants in the Building, does not violate any mortgage, does not cost more than $15,000 for any or all of such improvements within 50,000 in the aggregate during any twelve (12) month period, without Landlord’s prior written consent. All such alterations, improvements or changes shall be at the sole cost of Tenant and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within has given not less than ten (10) days prior notice thereof. With respect to any work requiring Landlord's approval and performance by any contractor other than Landlord, Tenant shall pay to Landlord ten (10%) percent of the cost of such filling either work for supervision, coordination and other expenses incurred by Landlord in connection therewith. However, such ten (10%) percent charge shall not apply to Tenant's initial work in the satisfaction Demised Premises nor does it apply to painting, wallcovering, carpeting or furnishings. Tenant acknowledges that the ICIP Program (as hereinafter defined) may impose requirements with respect to the hiring and training practices, among other matters, of contractors and subcontractors engaged to perform certain work in the Building for Tenant (collectively, herein called "Tenant's Contractors"). To the extent required by law, Tenant shall use Tenant's Contractors (subject to Landlord's approval ) that qualify under the applicable requirements of the ICIP Program for the performance of Tenant's initial work and any subsequent alterations to the Demised Premises and Tenant will require Tenant's Contractors to comply with the provisions of the ICIP Program. If Landlord is notified of any violation of the ICIP Program by Tenant's Contractors (to the extent such contractors are required by law to comply with the ICIP Program) Landlord shall promptly advise Tenant, and Tenant shall take all necessary actions to cure such violations. Workers' compensation and public liability insurance and property damage insurance, all in amounts and with companies and/or forms reasonably satisfactory to Landlord, shall be provided and at all times maintained by Tenant's contractors engaged in the performance of the work, and before proceeding with the work, certificates of such lien or by the posting of a bondinsurance shall be furnished to Landlord. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved If consented to by Landlord, all such work shall be done at Tenant's sole expense and the requirement that Tenant shall furnish Landlord in full compliance with a Completion Bond prior to the commencement all governmental authorities having jurisdiction thereover. Upon completion of any such work, Tenant shall construct deliver to Landlord full scale "as built" plans for the same. Landlord upon request of Tenant, will waive its right to any lien upon Tenant's trade fixtures and equipment, in such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinanceform as shall be reasonably acceptable to Landlord. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile All work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior affixed to the commencement of any such workrealty or if not so affixed but for which Tenant shall have received a credit, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, become the property of Landlord Landlord, subject to Tenant's right to replace same during the term hereof with items of equal quality class and value, and shall remain upon upon, and be surrendered with with, the premises upon Demised Premises as a part thereof at the expiration end of this lease the term or any sooner termination thereof; provided renewal or extension term, as the case may be, without allowance to Tenant or charge to Landlord, unless Landlord elects otherwise on notice to Tenant given at the time that upon expiration Landlord has consented to the work. However, if Landlord shall elect at the time Tenant requests consent to any work, otherwise, Tenant at Tenant's expense, at or prior to any termination of this Lease, shall remove all such work or such portion thereof as Landlord shall have the right elect and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and shall restore the Demised Premises to its original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at Tenant's expense. However, Tenant shall not be obligated to remove its initial work in the sole option of Demised Premises. If any Building facilities or services, including but not limited to air-conditioning and ventilating equipment installed by Landlord, Tenant are adversely affected or damaged by reason of the work by Tenant, Tenant, at its expense, must remove said items, and shall repair any such damage to the premises occasioned extent such damage has been caused by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder 's work and shall be due and payable from Tenant correct the work so as to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment prevent any further damage or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration adverse effect on such facilities or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullservices.

Appears in 1 contract

Samples: Indenture of Lease (Cmgi Inc)

Alterations, Fixtures. The demised premises shall not be altered, repaired or changed without the written consent of Landlord first had and obtained, , except that Tenant shall have the right to perform non-structural structural, cosmetic remodeling improvements of the leased premises Premises which do does not affect the Building systems (as hereinafter defined) or substantially alter the layout of the leased premises Premises up to a total expenditure which does not exceed the sum of $15,000 15,000.00 for any or all of such improvements within any twelve (12) month period, without Landlord’s 's prior written consent. All such alterations, improvements or changes shall be at the sole cost of Tenant Tenant, and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s 's fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s 's lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within ten (10) days of such filling either by the satisfaction of such lien or by the posting of a bond. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and the requirement that Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s 's contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral referred to as the "Building systems"). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior to the commencement of any such work, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s 's alterations or improvements) is performed by Landlord’s 's contractor, the charges for such work shall include an administrative fee for Landlord’s 's administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by a Landlord’s 's contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s 's prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise otherwise, and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor PrmisesPremises), shall, unless otherwise provided by written agreement, become the property of Landlord and shall remain upon and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s 's free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s 's sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said items, items and repair any damage to the premises occasioned by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder and shall be due and payable from Tenant to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss window coverings installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration or sooner termination of the lease or Tenant’s 's vacating or abandonment of the demised premises. The provisions of Articles THE PROVISIONS OF ARTICLES 28 and AND 39 are incorporated herein by this reference as if set forth in fullARE INCORPORATED HEREIN BY THIS REFERENCE AS IF SET FORTH IN FULL.

Appears in 1 contract

Samples: Office Building Lease (City National Corp)

Alterations, Fixtures. The premises shall not be altered13.1 Except as otherwise expressly provided herein, repaired or changed without the written consent of Landlord first had and obtained, , except that Tenant shall have make no alterations, decorations, installations, additions or improvements in or to the right to perform nonDemised Premises or the electrical, plumbing, mechanical or heating, ventilating and air-structural improvements conditioning systems serving the Demised Premises, including but not limited to, a water cooler (other than a cooler for drinking), an air-conditioning or cooling system, mechanical or electrical equipment, or any unit or part thereof or other apparatus of the leased premises which do not affect the Building systems (as hereinafter defined) like or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of such improvements within any twelve (12) month periodother nature, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned, and then only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned; provided however, that no such consent shall be required if such alterations are merely decorative in nature (e.g., finishes, painting, carpeting, wall covering and furniture systems that do not effect the Building’s electrical systems or equipment) and do not effect any base building systems (e.g., HVAC, life safety, electrical, etc.) and would not, in Landlord’s reasonable determination, cost more than Twenty Five Thousand Dollars ($25,000). All such work, alterations, improvements decorations, installations, additions or changes improvements, whether or not the same shall require Landlord’s consent, shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate and in full compliance with (i) all governmental bodies having jurisdiction thereover, (ii) all insurance requirements and (iii) Building Rules and Regulations and Building Rules and Regulations for Tenant Alterations attached hereto as Exhibit D and Exhibit D-1 respectively. As a condition precedent to Landlord’s consent to the sole making by Tenant of alterations, decorations, installations, additions or improvements to Demised Premises, Tenant agrees to obtain and deliver to Landlord a performance bond and a labor and materials payment bond issued by a surety company satisfactory to Landlord and licensed to do business in the State of New York, each in an amount equal to one hundred fifty percent (150%) of the cost of Tenant all work, labor, and Tenant shall hold such services to be performed and materials to be furnished in connection with such work, signed by such surety and a receipt of payment in full of the premium for such bond. Landlord and Landlord’s designees shall be obligee(s) or insured(s) under such surety bond. Notwithstanding the demised premises harmless and free from any lien or claim therefore and all other liabilityforegoing, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause if any mechanic’s lien or other lien is filed against the demised premises Demised Premises or the building of which the demised premises are a part Building for work claimed to have been done for or materials claimed to have been furnished to Tenant, it shall be released and removed discharged by Tenant within ten (10) days thereafter, at Tenant’s expense, by filing the bond required by law or payment or otherwise. If Tenant fails to discharge such lien, then Landlord (upon ten (10) days’ prior notice to Tenant) shall have the right to discharge same (by filing the bond required by law or by payment in full of such filling either by the satisfaction of such mechanic’s lien or otherwise) and Landlord’s costs and expense in obtaining such discharge shall be repaid in full by the posting of a bondTenant to Landlord as additional rent within ten (10) days after written demand therefor. In addition, Tenant shall defend, save and hold Landlord harmless from any such mechanic’s lien or claim, including, without limitation, Landlord’s reasonable attorneys’ fees, costs and expenses. Landlord may impose, as a condition shall not be liable for any failure of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, any Building facilities or services including, but not limited to, the requirement that Tenant utilize for heating, ventilating and air-conditioning installations if any such purposes only contractors, materials, mechanics and materialmen approved failure is caused by Landlord, and the requirement that Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, alterations, installations, additions and/or improvements performed by Tenant and Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior to the commencement of correct any such workfaulty installation. Upon Tenant’s failure to correct same, in order to give Landlord time to post notices of non-responsibilitymay make such correction and charge Tenant for the cost thereof. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Such sum due Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, become the property of Landlord and shall remain be paid by Tenant promptly upon being billed therefor and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, howeverunless so paid, Tenant shall also pay for any damages caused to Landlord the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said items, and repair any damage to the premises occasioned by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete then Interest Rate on such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder and shall be due and payable from Tenant to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullrent.

Appears in 1 contract

Samples: Agreement (Lev Pharmaceuticals Inc)

Alterations, Fixtures. The premises Section 5.01. Tenant, without Landlord's prior consent, shall make no structural alterations, installations, additions, or improvements in or to the Demised Premises ("work") including, but not limited to, an air-conditioning or cooling system, or any unit or part thereof or other apparatus of like or other nature, railings, mezzanine floors, galleries and the like. However, Tenant may make non-structural interior work, subject to Landlord's prior written consent which shall not be alteredunreasonably withheld or delayed. Notwithstanding the foregoing, repaired or changed Tenant, without the written Landlord's consent but subject to Landlord's approval of Landlord first had and obtainedcontractors, , except that Tenant shall have the right to perform may make non-structural improvements of the leased premises interior work which do does not affect the Building systems (as hereinafter defined) or substantially alter the layout structural integrity of the leased premises up to a total expenditure which Building or the Building systems, does not exceed affect the sum of other tenants in the Building, does not violate any mortgage, does not cost more than $15,000 for any or all of such improvements within 50,000 in the aggregate during any twelve (12) month period, without Landlord’s prior written consent. All such alterations, improvements or changes shall be at the sole cost of Tenant and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within has given not less than ten (10) days prior notice thereof. With respect to any work requiring Landlord's approval and performance by any contractor other than Landlord, Tenant shall pay to Landlord ten (10%) percent of the cost of such filling either work for supervision, coordination and other expenses incurred by Landlord in connection therewith. However, such ten (10%) percent charge shall not apply to Tenant's initial work in the satisfaction Demised Premises nor does it apply to painting, wallcovering, carpeting or furnishings. Workers' compensation and public liability insurance and property damage insurance, all in amounts and with companies and/or forms reasonably satisfactory to Landlord, shall be provided and at all times maintained by Tenant's contractors engaged in the performance of the work, and before proceeding with the work, certificates of such lien or by the posting of a bondinsurance shall be furnished to Landlord. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved If consented to by Landlord, all such work shall be done at Tenant's sole expense and the requirement that Tenant shall furnish Landlord in full compliance with a Completion Bond prior to the commencement all governmental authorities having jurisdiction thereover. Upon completion of any such work, Tenant shall construct deliver to Landlord full scale "as built" plans for the same. Landlord upon request of Tenant, will waive its right to any lien upon Tenant's trade fixtures and equipment, in such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinanceform as shall be reasonably acceptable to Landlord. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile All work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior affixed to the commencement of any such workrealty or if not so affixed but for which Tenant shall have received a credit, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, become the property of Landlord Landlord, subject to Tenant's right to replace same during the term hereof with items of equal quality class and value, and shall remain upon upon, and be surrendered with with, the premises upon Demised Premises as a part thereof at the expiration end of this lease the term or any sooner termination thereof; provided renewal or extension term, as the case may be, without allowance to Tenant or charge to Landlord, unless Landlord elects otherwise on notice to Tenant given at the time that upon expiration Landlord has consented to the work. However, if Landlord shall elect at the time Tenant requests consent to any work, otherwise, Tenant at Tenant's expense, at or prior to any termination of this Lease, shall remove all such work or such portion thereof as Landlord shall have the right elect and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and shall restore the Demised Premises to its original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at Tenant's expense. However, Tenant shall not be obligated to remove its initial work in the sole option of Demised Premises. If any Building facilities or services, including but not limited to air-conditioning and ventilating equipment installed by Landlord, Tenant are adversely affected or damaged by reason of the work by Tenant, Tenant, at its expense, must remove said items, and shall repair any such damage to the premises occasioned extent such damage has been caused by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder 's work and shall be due and payable from Tenant correct the work so as to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment prevent any further damage or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration adverse effect on such facilities or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullservices.

Appears in 1 contract

Samples: Cmgi Inc

Alterations, Fixtures. The premises shall not be altered, repaired or changed without the written consent of Landlord first had and obtained, , except that 13.1 Tenant shall have make no alterations, decorations, installations, additions or improvements in or to the right to perform nonDemised Premises or the electrical, plumbing, mechanical or heating, ventilating and air-structural improvements of conditioning systems serving the leased premises which do not affect the Building systems (as hereinafter defined) or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of such improvements within any twelve (12) month period, Demised Premises without Landlord’s prior written consent, and then only by contractors, subcontractors, construction managers or mechanics reasonably approved by Landlord. Notwithstanding anything herein to the contrary, (a) the consent of Landlord shall not be unreasonably withheld or delayed with respect to any nonstructural alterations which (i) shall be located wholly within the Office Space, (ii) shall not adversely affect the structural integrity or exterior of the Building, any other tenant of the Building or the operation of the HVAC, plumbing, electrical, or water systems of the Building (as opposed to systems exclusively serving the Premises) and (iii) do not violate the certificate of occupancy of the Building and (b) the consent of Landlord shall not be required with respect to any painting, wall covering, carpeting or other decorative work of a similar nature in the Office Space costing less than $500,000.00 in the aggregate and which shall comply in all respects with the conditions set forth in clause (a) above, provided that (with respect to the work in clauses (a) and (b)) such work shall otherwise be performed in accordance with all of the terms and conditions of this Article 13. All such work, alterations, decorations, installations, additions or improvements or changes shall be done at Tenant’s sole expense and in full compliance with all governmental bodies having jurisdiction thereover. As a condition precedent to Landlord’s consent to the sole making by Tenant of alterations, decorations, installations, additions or improvements to Demised Premises, other than Tenant’s Work, costing in excess of $1,000,000.00 in the aggregate (pursuant to a reasonable estimate prepared by Tenant’s contractor and reasonably acceptable to Landlord), Tenant shall, upon the request of Landlord, obtain and deliver to Landlord a performance bond and a labor and materials payment bond issued by a surety company reasonably satisfactory to Landlord and licensed to do business in the State of New York, each in an amount equal to one hundred ten percent (110%) of the cost of all such work, labor, and services to be performed and materials to be furnished in connection with such work, signed by such surety and a receipt of payment in full of the premium for such bond. Landlord and Landlord’s designees shall be obligee(s) or insured(s) under such surety bond. Notwithstanding the foregoing, the terms of the immediately preceding two (2) sentences shall not be applicable with respect to the named Tenant herein or its Successor. If any mechanic’s lien is filed against the Demised Premises or the Building for work claimed to have been done for or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant within thirty (30) days thereafter, at Tenant’s expense, by filing the bond required by law or payment. If Tenant fails to discharge such lien within such time period, then Landlord (upon ten (10) days’ prior notice to Tenant) shall have the right to discharge same solely by filing the bond required by law and Landlord’s reasonable out-of-pocket costs and expense in obtaining such discharge shall be repaid in full by Tenant to Landlord as additional rent within thirty (30) days after written demand therefor. In addition, Tenant shall defend, save and hold Landlord and the demised premises harmless and free from any such mechanic’s lien or claim therefore claim, including Landlord’s reasonable attorneys’ fees, costs and all other liability, claims and demands arising out expenses. Landlord shall not be liable for any failure of any work done Building facilities or material supplied services to the demised premises at the instance extent caused by any act, omission, negligence or willful misconduct of Tenant or its agents, employees, contractors, subcontractors or construction managers, including any alterations performed by or on behalf of Tenant, and from all actions, suits and costs of suit by any person to enforce Tenant shall correct any such lien or claim of lienfaulty installation. Upon Tenant’s failure to correct same, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within ten (10) days of such filling either by the satisfaction of such lien or by the posting of a bond. Landlord may impose, as a condition of make such consent, such requirements as correction and charge Tenant for the reasonable out-of-pocket cost thereof. Such sum due Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and the requirement that Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior to the commencement of any such work, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, become the property of Landlord and shall remain upon and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said items, and repair any damage to the premises occasioned by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder and shall be due and payable from paid by Tenant to Landlord within ten thirty (1030) days after Landlord has rendered to Tenant a written statement demand therefor. Any improvements, equipment or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in full.

Appears in 1 contract

Samples: Indenture of Lease (Take Two Interactive Software Inc)

Alterations, Fixtures. The premises Section 5.01. Tenant, without Landlord's prior consent, shall make no alterations, installations, additions, or structural improvements affixed in or to the Demised Premises ("work") including, but not be alteredlimited to, repaired an air- conditioning or changed cooling system, or any unit or part thereof or other apparatus of like or other nature, railings, mezzanine floors, galleries and the like. Notwithstanding the foregoing, Tenant may make, without the written Landlord's consent but subject to Landlord approval of Landlord first had and obtainedcontractors, , except that Tenant shall have the right to perform non-structural improvements interior changes, provided such changes do not adversely affect the structural integrity of the leased premises which Building or the Building systems, do not affect other tenants, do not violate the Building systems (as hereinafter defined) or substantially alter provisions of any mortgage covering the layout of Building, do not cost more than $25,000 in the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of such improvements within aggregate during any twelve (12) month period, without Landlord’s prior written consent. All such alterations, improvements or changes shall be at the sole cost of Tenant and Tenant shall hold has given Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within least ten (10) days prior notice of such filling either changes. If any contractor, other than Landlord, shall perform work, such contractor shall first be approved by the satisfaction of such lien or by the posting of a bond. Landlord may imposeLandlord, and as a condition of such consentapproval, Tenant shall pay to Landlord ten (10%) percent of the cost of such requirements as work for supervision, coordination and other expenses incurred by Landlord in its sole connection therewith. Workers' Compensation and reasonable discretion may deem reasonable public liability insurance and desirableproperty damage insurance, includingall in amounts and with companies and/or forms reasonably satisfactory to Landlord, but not limited toshall be provided and at all times maintained by Tenant's contractors engaged in the performance of the work, and before proceeding with the requirement that Tenant utilize for work, certificates of such purposes only contractors, materials, mechanics and materialmen approved insurance shall be furnished to Landlord. If consented to by Landlord, and the requirement that Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior to the commencement of any such work, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work be done at Tenant's sole expense and in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00full compliance with all governmental authorities having jurisdiction thereover. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited affixed to the bank vaultrealty or if not so affixed but for which Tenant shall have received a credit, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, shall become the property of Landlord Landlord, subject to Tenant's right to replace same during the term hereof with items of equal quality class and value, and shall remain upon upon, and be surrendered with with, the premises upon Demised Premises as a part thereof at the expiration end of this lease the term or any sooner termination thereof; provided that upon expiration renewal or extension term, as the case may be, without allowance to Tenant or charge to Landlord, unless Landlord elects otherwise on notice to Tenant given concurrently with Landlord's consent to such work. However, if Landlord shall elect, otherwise, Tenant at Tenant's expense, at or prior to any termination of this Lease, shall remove all such work or such portion thereof as Landlord shall have the right elect and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and shall restore the Demised Premises to its original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Tenant's expense. If any Building facilities or services, including but not limited to air- conditioning and ventilating equipment installed by Landlord, Tenant are adversely affected or damaged by reason of the work by Tenant, Tenant, at its expense, must remove said items, and shall repair any such damage to the premises occasioned extent such damage has been caused by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder 's work and shall be due and payable from Tenant correct the work so as to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment prevent any further damage or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration adverse effect on such facilities or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullservices.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Ultrafem Inc)

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Alterations, Fixtures. The leased premises shall not be altered, repaired or changed without the written consent of Landlord first had and obtained, and all such alterations, improvements or changes shall be at the sole cost of Tenant, except that Tenant shall have the right to perform non-structural improvements of the leased premises which do not affect the Building systems (as hereinafter defined) or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 50,000 for any or all of such improvements within any twelve (12) month period, without Landlord’s prior written consent. All such alterations, improvements or changes shall be at the sole cost of Tenant and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within ten (10) days of such filling either by the satisfaction of such lien or by the posting of a bond. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and the requirement that Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior to the commencement of any such work, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmisesotherwise), shall, unless otherwise provided by written agreement, become the property of Landlord and shall remain upon and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said itemsitems and any improvements installed by Tenant other than the original improvements to ready the premises for Tenant’s occupancy under this lease, and repair any damage to the premises occasioned by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder and shall be due and payable from Tenant to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss drapes installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in full.

Appears in 1 contract

Samples: Office Building Lease (City National Corp)

Alterations, Fixtures. The premises shall not be alteredSection 5.01. (a) Except as provided in this Lease, repaired or changed without the written consent of Landlord first had and obtained, , except that Tenant shall have the right to perform non-structural improvements of the leased premises which do not affect the Building systems (as hereinafter defined) or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of such improvements within any twelve (12) month periodTenant, without Landlord’s 's prior written consent. All such , shall make no structural and mechanical alterations, installations, additions or improvements in or changes shall be at the sole cost of Tenant and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within ten Demised Premises (10"work") days of such filling either by the satisfaction of such lien or by the posting of a bond. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractorsan air-conditioning or cooling system, materialsor any unit or part thereof or other apparatus of like or other nature, mechanics and materialmen approved by Landlordrailings, mezzanine floors and the requirement that like. However, subject to Landlord's consent which shall not be unreasonably withheld or delayed, which consent shall be deemed given if no response to a request therefor is given by Landlord to Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than within fifteen (15) days prior to after the commencement date of Landlord's receipt thereof, Tenant may make non-structural interior work which does not adversely affect the Building systems. If any such contractor, other than Landlord, shall perform work, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed such contractor shall first be approved by Landlord relative and as a condition of such approval Tenant shall pay to tenant’s alterations or improvementsLandlord seven (7%) is performed by Landlord’s contractor, percent of the charges for cost of such work for supervision, coordination and other expenses incurred by Landlord in connection therewith. However, such seven (7%) percent charge shall include an administrative fee for Landlord’s administration of not apply to Tenant's initial work in the Demised Premises as shown on Tenant's plans referred to in Article 40 and the work in the amount hallway referred to in subdivision (b) below. Such seven (7%) percent charge shall also not apply to painting, carpeting, furnishings and wall covering. If Landlord fails to respond to Tenant's request for approval of 20% contractors within ten (10) business days following receipt of such request, the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor same shall be deemed additional rent approved. In connection with any request by Tenant of Landlord that Landlord approve a contractor or subcontractors, Tenant shall cause the proposed contractor or subcontractor to complete and submit to Landlord such reasonable questionnaire, if any, as Landlord shall require as part of Landlord's contractor integrity program. Thereafter, Tenant agrees to cooperate with Landlord in connection with the implementation of such program and to cause its contractors to comply therewith. During the term of this Lease, Landlord may elect to pursue work in the Building under this leasethe provisions of the ICIP Program (as hereinafter defined). Tenant acknowledges that the ICIP Program may impose requirements with respect to the hiring and training practices, payable among other matters, of contractors and subcontractors engaged to perform certain work in advance prior the Building for Tenant (collectively, herein called "Tenant's Contractors"). Tenant shall use Tenant's Contractors (subject to commencement Landlord's approvals) that qualify under the applicable requirements of constructionthe ICIP Program for the performance of Tenant's work and any alterations to the Demised Premises and Tenant will require Tenant's Contractors to comply with the provisions of the ICIP Program. If Landlord is notified of any violation of the ICIP Program by Tenant's Contractors, Landlord shall promptly advise Tenant, and Tenant shall take all necessary actions to cure such violations. Workers' compensation and commercial general liability insurance covering claims for personal injury, death, bodily injury and property damage insurance, all in amounts and with companies and/or forms in accordance with Article 9 hereof, shall be provided and at all times maintained by Tenant's contractors engaged in the performance of the work, and before proceeding with the work, certificates of such insurance shall be furnished to Landlord. If consented to by Landlord, all such work shall be done at Tenant's sole expense and in full compliance with all Governmental Requirements (as hereinafter defined). Upon completion of such work, Tenant shall deliver to Landlord full scale "as built" or marked plans for the same in both paper and electronic formats. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited work affixed to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, realty shall become the property of Landlord Landlord, subject to Tenant's right to replace same during the term hereof with items of equal quality and value, and shall remain upon upon, and be surrendered with with, the premises upon Demised Premises as a part thereof at the expiration end of this lease the term or any sooner termination thereof; provided that upon expiration renewal or extension term, as the case may be, without allowance to Tenant or charge to Landlord, unless Landlord, with respect to work which is not standard office installation and which is unusually difficult and costly to remove such as bathrooms and other structural and/or extraordinary installations, elects otherwise on notice to Tenant given at the time Landlord has consented to the work. However, if Landlord shall so elect otherwise, Tenant at Tenant's expense, at or prior to any termination of this Lease, shall remove all such work or such portion thereof as Landlord shall have the right elect and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and shall restore the Demised Premises to its original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at Tenant's expense. Notwithstanding the sole option of Landlordforegoing, Tenant Tenant, at its expense, must remove said items, shall cause all wiring and cabling installed in the Demised Premises by Tenant's contractor to be removed on or before the Expiration Date of this Lease and shall repair any damage to the premises occasioned Demised Premises caused by said installation and/or removal such removal. However, if Landlord enters into a lease for the Demised Premises with another tenant prior to the Expiration Date of this Lease, which requires Landlord to demolish the existing improvements therein, then Tenant shall not be required to remove such cabling and restore the premises to original conditionwiring. If Tenant shall fail any Building facilities or services, including but not limited to complete such removal air-conditioning and ventilating equipment installed by Landlord, are adversely affected or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder and shall be due and payable from Tenant to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment or personal property not removed damaged solely by Tenant from the premises upon the end reason of the term shall be conclusively presumed to have been abandoned work by Tenant, Tenant, at its expense, shall repair such damage to the extent such damage has been caused by Tenant's work and shall correct the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant work so as to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration prevent any further damage or sooner termination of the lease adverse effect on such facilities or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullservices.

Appears in 1 contract

Samples: Escala Group Inc

Alterations, Fixtures. The premises 13.1 Tenant shall make no alterations, decorations, installations, additions or improvements in or to the Demised Premises or the electrical, plumbing, mechanical or heating, ventilating and air-conditioning systems serving the Demised Premises, including but not limited to, a water cooler, an air-conditioning or cooling system, mechanical or electrical equipment, or any unit or part thereof or other apparatus of like or other nature, without Landlord's prior written consent, which consent, with respect to non-structural alterations that do not adversely affect any of the Building systems, shall not be alteredunreasonably withheld or delayed, repaired provided Tenant complies with the provisions herein, and then only by contractors or changed without mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayed as to any proposed general contractor to be retained by Tenant or subcontractors proposed to be retained by Tenant's contractor. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time designate and in full compliance with all governmental bodies having jurisdiction thereover. As a condition precedent to Landlord's consent to the written consent making by Tenant of alterations, decorations, installations, additions or improvements to Demised Premises costing in excess of $50,000, Tenant agrees to obtain and deliver to Landlord first had a performance bond and obtaineda labor and materials payment bond issued by a surety company satisfactory to Landlord and licensed to do business in the State of New York, each in an amount equal to 100% of the cost of all work, except that labor, and such services to be performed and materials to be furnished in connection with such work, signed by such surety and a receipt of payment in full of the premium for such bond. Landlord and Landlord's designees shall be obligee(s) or insured(s) under such surety bond. Notwithstanding the foregoing, if any mechanic's lien is filed against the Demised Premises or the Building for work claimed to have been done for or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant within twenty (20) days after Tenant is given notice of such lien, at Tenant's expense, by filing the bond required by law or payment or otherwise. If Tenant fails to discharge such lien, then Landlord (upon ten (10) days prior notice to Tenant) shall have the right to perform non-structural improvements discharge same (by filing the bond required by law or by payment in full of the leased premises which do not affect the Building systems (as hereinafter definedmechanic's lien or otherwise) or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of and Landlord's costs and expense in obtaining such improvements within any twelve (12) month period, without Landlord’s prior written consent. All such alterations, improvements or changes discharge shall be at the sole cost of repaid in full by Tenant and Tenant shall hold to Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed as additional rent within ten (10) days of after written demand therefor. In addition, Tenant shall defend, save and hold Landlord harmless from any such filling either by the satisfaction of such mechanic's lien or by the posting of a bondclaim, including, without limitation, Landlord's reasonable attorneys' fees, costs and expenses. Landlord may impose, as a condition shall not be liable for any failure of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, any Building facilities or services including, but not limited to, the requirement that heating, ventilating and air-conditioning installations, and/or additions by Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and the requirement that Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) days prior to the commencement of correct any such workfaulty installation. Upon Tenant's failure to correct same, in order to give Landlord time to post notices of non-responsibilitymay make such correction and charge Tenant for the cost thereof. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Such sum due Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for such work shall include an administrative fee for Landlord’s administration of the work in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 or less, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vault, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided by written agreement, become the property of Landlord and shall remain be paid by Tenant promptly upon being billed therefor and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed by Tenant, at Tenant’s sole expense, provided, howeverunless so paid, Tenant shall also pay for any damages caused to Landlord the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said items, and repair any damage to the premises occasioned by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete then Prime Rate on such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder and shall be due and payable from Tenant to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullrent.

Appears in 1 contract

Samples: Lease (American Home Mortgage Holdings Inc)

Alterations, Fixtures. The premises Section 5.01. Tenant, without Landlord's prior consent, shall make no structural or exterior alterations, installations, additions, or improvements (“work”) in or to the Demised Premises. However, subject to Landlord's consent, which shall not be alteredunreasonably withheld, repaired conditioned or changed without the written consent of Landlord first had and obtaineddelayed, , except that Tenant shall have the right to perform may make non-structural improvements interior alterations, including, without limitation, the installation of special systems such as private bathrooms, a supplemental air conditioning system, computer facilities and a fitness area (collectively “Alterations”) in the leased premises which do Demised Premises, provided that: (i) such Alterations shall not affect the Building systems structure; (as hereinafter definedii) such Alterations shall not affect any area, outside the Demised Premises or substantially alter the layout Building; (iii) such Alterations shall comply with all Governmental Requirements, and any other provisions of this Lease; (iv) such Alterations shall not unreasonably interfere with the normal and customary business operations of other tenants of the leased premises up to Building or Building Project; or (v) such Alterations shall not cause or create a total expenditure which does not exceed dangerous or hazardous condition. Notwithstanding the sum of foregoing, Tenant may make any Alterations that cost less than $15,000 for any or all of such improvements within 75,000.00 during any twelve (12) consecutive month period, period without Landlord's consent but subject to Landlord's approval of contractors as set forth below which approval of the contractor shall not be unreasonably withheld, conditioned or delayed provided that the contractor is licensed, bonded, insured and complies with Landlord’s prior contractor integrity program, provided further that Tenant delivers to Landlord written consent. All notice of such alterations, improvements or changes shall be Alterations at the sole cost of Tenant and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within least ten (10) days of such filling either by the satisfaction of such lien or by the posting of a bond. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and the requirement that Tenant shall furnish Landlord with a Completion Bond prior to the commencement of any work, Tenant shall construct such improvements, alterations or repairs in conformance with any and all applicable rules and regulations of any Federal, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). Tenant agrees to give Landlord written notice of the commencement date of any alterations, improvements or repairs to be made in, to or upon the premises not later than fifteen (15) business days prior to the commencement thereof. Tenant may also make Alterations, or may paint the Demised Premises and install carpeting, wall covering and furnishings in the Demised Premises (the “Cosmetic Alterations”) and technology alterations (i.e. – voice and data cabling, equipment installations and upgrades) (collectively, the “Permitted Alterations”) without Landlord's consent but subject to Landlord's approval of contractors, which approval shall not be unreasonably withheld, conditioned or delayed provided that the contractor is licensed, bonded, insured and complies with Landlord’s contractor integrity program, provided further that Tenant delivers to Landlord written notice of such Permitted Alterations at least ten (10) business days prior to the commencement thereof. The foregoing shall apply to Landlord's right to approve Tenant's contractors, and shall not be deemed to require Landlord's consent for the actual performance of the Permitted Alterations. If any contractor, other than Landlord, shall perform any work or Alterations, such contractor shall first be approved by Landlord and Tenant shall pay to Landlord any out-of-pocket expenses incurred by Landlord in connection therewith, provided, that Tenant shall not be required to pay such expenses for (i) Tenant’s Work to prepare the Demised Premises for Tenant’s initial occupancy and (ii) Cosmetic Alterations and technology alterations (i.e. – voice and data cabling, equipment installations and upgrades). Notwithstanding the foregoing, Tenant may, without first obtaining Landlord's consent, utilize the services of any licensed architect or engineer which Tenant, in its sole and absolute discretion, deems acceptable. In connection with any request by Tenant of Landlord that Landlord approve a contractor or subcontractors, Tenant shall cause the proposed contractor or subcontractor to complete and submit to Landlord such reasonable questionnaire, if any, as Landlord shall require as part of Landlord’s contractor integrity program. Thereafter, Tenant agrees to reasonably cooperate with Landlord, provided there shall be no cost to Tenant, in connection with the implementation of such program and to cause its contractors to comply therewith. During the term of this Lease, Landlord may elect to pursue work in the Building under the provisions of the ICAP Program (as hereinafter defined). The parties acknowledge that the ICAP Program is not currently in effect at the Building. Tenant acknowledges that the ICAP Program may impose requirements with respect to the hiring and training practices, among other matters, of contractors and subcontractors engaged to perform certain work in the Building for Tenant (collectively, herein called "Tenant's Contractors"). Tenant shall use Tenant's Contractors (subject to Landlord's approvals) that qualify under the applicable requirements of the ICAP Program for the performance of Tenant's work and any alterations to the Demised Premises and Tenant will require Tenant's Contractors to comply with the provisions of the ICAP Program. If Landlord is notified of any violation of the ICAP Program by Tenant's Contractors, Landlord shall promptly advise Tenant, and Tenant shall take all reasonable actions to cure such violations. Workers' compensation and commercial general liability insurance covering claims for personal injury, death, bodily injury and property damage insurance, all in amounts and with companies licensed to conduct business in New York, shall be provided and at all times maintained by Tenant's contractors engaged in the performance of the work, and before proceeding with the work, copies of certificates of such insurance shall be furnished to Landlord. If consented to by Landlord, all such work shall be done at Tenant's sole expense and in full compliance with all Governmental Requirements (as hereinafter defined). Upon completion of such work, Tenant shall deliver to Landlord full scale "as built" plans for the same in order both paper and electronic CAD (either in DWF or DWG) formats. All improvements affixed to give Landlord time the realty shall become the property of Landlord, subject to post notices Tenant's right to replace same during the term hereof with items of non-responsibilityequal quality class and value, and shall remain upon, and be surrendered with, the Demised Premises as a part thereof at the end of the term or any renewal or extension term, as the case may be, without allowance to Tenant or charge to Landlord. In Notwithstanding anything contained in this Lease to the event contrary, Tenant shall not be obligated to remove any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvementsimprovements existing in the Demised Premises as of the Commencement Date. For purposes of this Section 5.01, “Specialty Alterations” shall mean any structural alterations and any alterations consisting of vaults, internal staircases, any alterations which penetrate any floor slab, raised flooring and other alterations of a similar character which are not customary for general office use in a Class A office building. Tenant shall, at Tenant's cost and expense, remove any Specialty Alteration reasonably designated by Landlord, repair any damage to the Demised Premises or the Building due to such removal, provided, however, that reasonable wear and tear and damage to the Demised Premises from casualty shall be excepted. Landlord shall reasonably designate which alterations are deemed to be Specialty Alterations which must be removed at the end of the term, at the time that consent to such Specialty Alteration(s) is performed given by Landlord’s contractor. Notwithstanding the foregoing, If Landlord does not require at the charges for such work shall include an administrative fee for Landlord’s administration time of granting consent that the Specialty Alterations must be removed at the end of the work term, then such Specialty Alterations shall remain in the amount of 20% of the contract sum(s) on each project administered by Landlord at a cost of $10,000.00 Demised Premises. If any Building facilities or lessservices, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vaultair-conditioning and ventilating equipment installed by Landlord, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided are adversely affected or damaged by written agreement, become the property of Landlord and shall remain upon and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any reason of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed work performed negligently by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said items, and shall repair any such damage to the premises occasioned extent such damage has been caused by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder 's negligent work and shall be due and payable from Tenant correct the work so as to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment prevent any further damage or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration adverse effect on such facilities or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullservices.

Appears in 1 contract

Samples: Jesup & Lamont, Inc.

Alterations, Fixtures. The premises shall not be altered, repaired or changed without the written consent of Landlord first had and obtained, , except that Tenant shall have the right to perform non-structural improvements of the leased premises which do not affect the Building systems (as hereinafter defined) or substantially alter the layout of the leased premises up to a total expenditure which does not exceed the sum of $15,000 for any or all of such improvements within any twelve (12) month periodSection 5.01. Tenant, without Landlord’s 's prior written consent. All such , shall make no alterations, installations, additions, decorations or improvements in or changes shall be at the sole cost of Tenant and Tenant shall hold Landlord and the demised premises harmless and free from any lien or claim therefore and all other liability, claims and demands arising out of any work done or material supplied to the demised premises at the instance of Tenant, and from all actions, suits and costs of suit by any person to enforce any such lien or claim of lien, liability, claims or demands, together with the costs of suit and attorney’s fees incurred by Landlord in connecting therewith. Tenant shall cause any mechanic’s lien or other lien filed against the demised premises or the building of which the demised premises are a part to be released and removed within ten Demised Premises (10"work") days of such filling either by the satisfaction of such lien or by the posting of a bond. Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole and reasonable discretion may deem reasonable and desirable, including, but not limited to, a water cooler, an air-conditioning or cooling system, or any unit or part thereof or other apparatus of like or other nature, railings, mezzanine floors, galleries and the requirement that Tenant utilize for like. If any contractor, other than Landlord, shall perform work, such purposes only contractors, materials, mechanics and materialmen contractor shall first be approved by Landlord, and the requirement that as a condition of such approval, Tenant shall furnish pay to Landlord ten (10%) percent of the cost of such work for supervision, coordination and other expenses incurred by Landlord in connection therewith. Workers' Compensation and public liability insurance and property damage insurance, all in amounts and with a Completion Bond prior companies and/or forms reasonably satisfactory to Landlord, shall be provided and at all times maintained by Tenant's contractors engaged in the commencement performance of any the work, and before proceeding with the work, certificates of such insurance shall be furnished to Landlord. If consented to by Landlord, all such work shall be done at Tenant's sole expense and in full compliance with all governmental authorities having jurisdiction thereover. Upon completion of such work, Tenant shall construct such improvementsdeliver to Landlord full scale "as built" plans for the same. All work affixed to the realty or if not so affixed but for which Tenant shall have received a credit, alterations shall become the property of Landlord, and shall remain upon, and be surrendered with, the Demised Premises as a part thereof at the end of the term or repairs in conformance with any and all applicable rules and regulations of any Federalrenewal or extension term, State, County or Municipal code or ordinance. In any event, Landlord’s contractor shall perform all mechanical, electrical, plumbing, air conditioning, permanent partition and ceiling tile work (hereinabove referral to as the “Building systems”). case may be, without allowance to Tenant agrees or charge to give Landlord, unless Landlord written elects otherwise on notice of the commencement date of to Tenant given at any alterations, improvements or repairs to be made in, time prior to or upon the premises not later than fifteen (15) days on any termination of this Lease. However, if Landlord shall elect, otherwise, Tenant at Tenant's expense, at or prior to the commencement any termination of any such workthis Lease, in order to give Landlord time to post notices of non-responsibility. In the event any construction, alteration, decorating or repair work (including any engineering or architectural services or consultants employed by Landlord relative to tenant’s alterations or improvements) is performed by Landlord’s contractor, the charges for shall remove all such work or such portion thereof as Landlord shall include an administrative fee for Landlord’s administration of elect and Tenant shall restore the work in the amount of 20% of the contract sum(s) on each project administered by Landlord Demised Premises to its original condition, at a cost of $10,000.00 Tenant's expense. If any Building facilities or lessservices, and 15% of the contract sum(s) on each project administered by Landlord costing more than $10,000.00. All charges for work performed by Landlord’s contractor shall be deemed additional rent under this lease, payable in advance prior to commencement of construction. All such alterations, repairs, additions or improvements (including any alterations, repairs, additions or improvements installed during Tenant’s prior occupancy of the demised premises pursuant to any previous lease, sublease or otherwise and including but not limited to the bank vaultair-conditioning and ventilating equipment installed by Landlord, vault door and pedestrian escalator installed between Suite 100 and the 2nd Floor Prmises), shall, unless otherwise provided are adversely affected or damaged by written agreement, become the property of Landlord and shall remain upon and be surrendered with the premises upon the expiration of this lease or any sooner termination thereof; provided that upon expiration or termination of this Lease, Landlord shall have the right and option by written notice to Tenant to require Tenant at its sole cost to remove any reason of the alterations, repairs, additions or improvements installed by or for Tenant and repair any damage to the Premises occasioned by such installation or removal and restore the Premises to original condition, normal wear and tear excepted. At the expiration of the term of this lease and provided that Tenant is not in default hereunder, all Tenant’s free-standing personal property not attached to the demised premises may be removed work by Tenant, at Tenant’s sole expense, provided, however, Tenant shall pay for any damages caused to the demised premises by the removal of said items, so that after the removal of said items, the demised premises will be in the same condition as at the time prior to the said installations, if any, reasonable wear and tear excepted. In any event, at the sole option of Landlord, Tenant at its expense, must remove said items, and shall repair any such damage to the premises occasioned extent such damage has been caused by said installation and/or removal and restore the premises to original condition. If Tenant shall fail to complete such removal or restoration and repair such damage, Landlord may do so and charge the reasonable cost thereof to Tenant, which sum shall be deemed additional rent hereunder 's work and shall be due and payable from Tenant correct the work so as to Landlord within ten (10) days after Landlord has rendered to Tenant a written statement therefor. Any improvements, equipment prevent any further damage or personal property not removed by Tenant from the premises upon the end of the term shall be conclusively presumed to have been abandoned by Tenant, and the cost of removal, storage and/or sale of same shall be deemed additional rent hereunder, payable from Tenant to Landlord in the same manner as provided above with respect to restoration charges. Any tenant improvements for which an allowance is given by Landlord to Tenant and all carpeting and/or ss installed in the premises shall become part of the realty and become the property of Landlord and remain in the demised premises upon expiration adverse effect on such facilities or sooner termination of the lease or Tenant’s vacating or abandonment of the demised premises. The provisions of Articles 28 and 39 are incorporated herein by this reference as if set forth in fullservices.

Appears in 1 contract

Samples: Indenture of Lease (Infosafe Systems Inc)

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