Alterations. Tenant shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 3 contracts
Sources: Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc)
Alterations. Tenant All alterations, additions or changes to the Leased Premises that Lessee desires to make shall require Lessor's prior written consent, after submission to Lessor of plans and specifications showing the alterations, additions or changes Lessee desires to make and any other information reasonably requested by Lessor, which consent shall not install any signsbe unreasonably withheld, fixturesdelayed or conditioned; provided, improvementshowever, nor make that Lessor's consent shall not be required for painting or permit any installing removable decorative items (other alterations than wall coverings and floor coverings). All alterations, additions or changes shall: be made by bondable (unless otherwise approved by Lessor) workers and contractors approved in advance in writing by Lessor, which approval shall not be unreasonably withheld, delayed or conditioned (provided, however, that with respect to alterations, additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost or changes costing less than Twenty Five Thousand Dollars ($25,000.00) 50,000 in the aggregate being performed at any one time, such workers and which do contractors need not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all eventsbe bondable, Tenant but they shall deliver at least ten (10) days prior notice still be subject to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall Lessor's approval as previously provided); be at Tenant’s sole cost and expense performed in accordance with the plans and specifications which have been previously submitted delivered to (and where required by this Lease, as approved by) Lessor; be done in writing by Landlord, a manner so as to create the least possible disruption or inconvenience to Lessor and to other lessees in the Building and other workers and contractors performing work in the Building; and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval manner employing new construction materials at least equal in quality to those of any plansthe existing Building, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or and in compliance with any lawsall Legal Requirements, ordinancesInsurance Requirements, rules "Rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner Regulations" (as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Centerhereinafter defined), and as not the plans and specifications submitted to obstruct (and, where required, approved by) the business of Landlord Lessor. Before commencing work, Lessee shall: secure all necessary licenses, permits and approvals required by applicable Legal Requirements, and furnish copies thereof to Lessor; at Lessor's request, provide (or cause its contractor to provide) such bonds or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect assurances satisfactory to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens Lessor protecting Lessor against claims arising out of the furnishing of labor and materials for the work; and carry or cause each contractor to carry insurance with such coverages and in such amounts as Lessor may reasonably require (all such insurance to be written in companies approved by Lessor and Lessee shall deliver to Lessor certificates of all such insurance prior to the commencement of such work). Within two (2) weeks after completion of any alterations, additions or changes involving Building systems, hardwall partitions, or structural changes, Lessee shall submit as-built drawings or sketches of the completed work performedto Lessor. Lessee shall indemnify, materials furnished defend and hold harmless Lessor and its officers, directors, servants, agents, employees, contractors and invitees from and against any and all liability, damage, penalties or obligations incurred judgments and from and against any claims, actions, proceedings and expenses and costs in connection therewith, including reasonable attorneys' fees, resulting from any alterations, additions or improvements undertaken by or on behalf of Tenant. Tenant shallLessee, which obligations shall survive the expiration or termination of this Lease with respect to work performed by or on behalf of Lessee prior to construction such expiration or termination. In the course of any and all Alterationswork being performed by or on behalf of Lessee, cause its contractor(s) and/or major subcontractor(s) Lessee agrees to provide insurance as reasonably required use labor compatible with that being employed by LandlordLessor for work in the Building or on the Property, and Tenant not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Lessor. Lessee shall provide such assurances not, without the specific written consent of Lessor and Lessee's written agreement to Landlordpay additional costs resulting therefrom, install any apparatus or device within the Leased Premises, including without limitationelectronic data processing machines, waivers of lienpunch card machines or any other machines, surety company performance bonds as Landlord shall require to assure payment that would (i) weigh in excess of the costs thereof machines normally used in comparable buildings in Nashua, New Hampshire; or (ii) use electrical power in excess of that available to protect Landlord and the Industrial Center from and against Leased Premises through the Building's existing electrical system; or (iii) in any loss from any mechanic’sway increase the amount of electrical power, materialmen’s water, gas heating or air conditioning used by Lessee in the Leased Premises to an amount in excess of the amount usually furnished at such time for use by lessees in general office space in other lienssimilar buildings in Nashua, New Hampshire.
Appears in 3 contracts
Sources: Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co)
Alterations. Tenant Except as otherwise agreed by the Parties in writing, Operator shall not paint, decorate, install canopies or awnings, or in any signsway change the Building exterior (or the appearance thereof). No remodeling, fixturesadditions, improvementsalterations, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, structural change shall be made in the “Alterations”) to the Premises Building by Operator without the prior written consent of LandlordIPS, except which shall not be unreasonably withheld. Operator shall have the right to install all furniture, furnishings, equipment and signage it reasonably deems necessary or desirable for its operation of the School, all at no cost to IPS. No additions to the existing Building or the construction of new buildings by Operator shall be permitted. Operator may attach non-permanent materials and fixtures to the walls of the Facilities including, without limitation, the cafeteria, library, common areas, grounds, parking lot and driveways of the Building. Upon the expiration or earlier termination of this Agreement, Operator may remove any non-permanent materials and movable fixtures that it installed that are not attached to real property. Any improvements, furnishings, and equipment installed on the Building shall be maintained by Operator, at Operator’s expense, in good condition and repair. All permitted alterations, changes, partitions, and installations of improvements (the “Alterations”) shall be performed by a contractor duly licensed by the state or local authority responsible for licensing building contractors and approved by IPS, such approval not to be unreasonably withheld. Operator hereby agrees to indemnify and save harmless IPS from any and all costs or expenses, including attorneys’ fees, that IPS may incur by reason of any claim for labor performed or material furnished or violation of any federal, state, or local statute, regulation, code, ordinance, or other law that may arise by reason of the installation of any Alteration or fixtures, equipment, or partitions by Operator as herein provided. No installation of, repair to, or other activity concerning equipment within or other Alterations that cumulatively cost less than Twenty Five Thousand Dollars made to the Building shall: ($25,000.00a) adversely affect the structural integrity of the Building; (b) impair or affect the weather-tight condition of the roof or decrease the roof’s useful life; (c) overload electrical circuits or equipment; (d) overload or unreasonably burden plumbing, water, or sanitary sewage disposal facilities; (e) overload, unreasonably burden, or otherwise adversely affect heating, air conditioning, and which do not other mechanical facilities or equipment; or (f) otherwise affect the Building systems in any materially adverse way. Any and all personal property and unattached equipment installed by Operator may be removed at the termination of this Agreement, provided that Operator shall repair any and all damage caused by the removal of any such personal property or unattached equipment. Any personal property and unattached equipment remaining in the structural integrity Building upon termination of this Agreement shall, if not removed within 10 days after written demand from IPS to Operator to remove the same, at IPS’ option in its sole discretion, become the property of IPS, and IPS may retain or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any dispose of such work personal property and deliver a copy unattached equipment in its sole discretion and without liability to account to Operator; provided, Operator shall reimburse IPS for the costs of same storing or disposal of such personal property or unattached equipment. Operator shall submit to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with IPS detailed plans and specifications which have been previously submitted to in connection with any Alterations and approved in writing by Landlord, evidence that said plans and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) specifications are in compliance with all applicable Laws (includingApplicable Law. If such Alterations are not in compliance with Applicable Law, but not limited toOperator shall, at Operator’s cost, make such modification or alteration to the ADA)completed Alterations as shall be required to bring the same in compliance with Applicable Law. IPS’ consent to the plans and specifications, and all recorded matters and rules and regulations of the Industrial Center. In additionor any work proposed or completed by Operator, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility be deemed a representation or liability on the part of Landlord for their completeness, design sufficiency, or affirmation regarding compliance with any laws, ordinances, rules and regulations of governmental agencies or authoritiessuch Applicable Law. In performing any event, Operator shall not remove any improvements and shall surrender the work of any such Alterations, Tenant shall have Facilities at the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant end of the Industrial CenterTerm in good condition and repair, ordinary wear and as not to obstruct the business of Landlord tear and damage by casualty or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienscondemnation excepted.
Appears in 3 contracts
Sources: Innovation Network Charter School Agreement, Innovation Network Charter School Agreement, Innovation Network Charter School Agreement
Alterations. (a) Tenant shall not install any signsnot, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect make any alterations, improvements or additions to the Building systems Premises. If Landlord consents to any alterations, improvements or the structural integrity or structural components additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord’s approval of the Premises or contractors to perform the Building. In all eventswork, Tenant shall deliver at least ten (10) days prior notice to Landlordcontractor’s lien waivers, from the date Tenant intends to commence constructioninsurance against liabilities which may arise out of such work, sufficient to enable Landlord to post a Notice of Non-Responsibility plans, specifications and Tenant shall obtain all permits or other governmental approvals prior to commencing any of necessary for such work and deliver a copy as built drawings upon completion of same to Landlordsuch work. All Alterations shall be at Tenant’s sole cost work done by Tenant or its contractors pursuant to and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlordthis Paragraph 8, and or otherwise shall be installed by done in a licensedfirst class workmanlike manner, insuredusing only good grades of materials and without disturbing other tenants, and bonded contractor (reasonably approved by Landlord) shall be done in compliance with all applicable Laws (including, but not limited to, the ADA), insurance requirements and all recorded matters applicable laws or ordinances and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must governmental departments or agencies and shall be done in a good by responsible contractors and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred subcontractors approved by Landlord in advance whose engagement will not in Landlord’s opinion, and in fact does not, result in any labor dispute at the Building, whether in connection with Tenant’s Alterationsany construction at the Building, plus Tenant shall pay to Landlord a fee equal to one percent (1%) the operation of the total Building or otherwise.
(b) All alterations, additions or improvements made by Tenant and all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises or, at Landlord’s option, any or all of the foregoing shall be removed at the cost of Tenant before the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms expiration or sooner termination of this Lease immediately upon completion and in such event Tenant shall repair all damage to the Premises caused by the installation and/or removal thereof. Tenant shall keep not permit or suffer any signs, advertisements or notices to be displayed, inscribed upon or affixed on any part of the outside or inside of the Premises, or in the Building, except on the directory board to be provided by Landlord and on the entrance doors of the Premises, provided, however, that Tenant shall not display, inscribe or affix any sign on such directory board or on the entrance doors of the Premises without, in each instance, obtaining the prior written approval from Landlord as to the size, color and style of such sign and the property on which the Premises are situated free from any liens arising out proposed method of any work performed, materials furnished or obligations incurred by or on behalf of Tenantattachment. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require have the right to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmenremove unauthorized signs at Tenant’s or other liensexpense.
Appears in 3 contracts
Sources: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)
Alterations. A. Tenant shall not install any signs, fixtures, improvements, nor make or permit allow to be made (except as otherwise provided in this Lease Agreement) any other alterations or physical additions (individually, an “Alteration”, and collectively, the “Alterations”including fixtures) in or to the Leased Premises (which for the purposes hereof includes the placement of safes, vaults and other heavy furniture or equipment), without first obtaining the prior written consent of Landlord; provided, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars however, Landlord’s consent to ($25,000.00i) and any alterations or physical additions (including fixtures) to the Leased Premises which do not affect the Building HVAC, plumbing, electrical or mechanical systems or the structural integrity or structural components elements of the Leased Premises or the BuildingBuilding or (ii) the placement of safes, vaults or other heavy furniture or equipment within the Leased Premises, shall not be unreasonably withheld, conditioned or delayed. In all eventsaddition, Tenant shall not be permitted to take x-rays or core drill or penetrate the floor of the Leased Premises or any other floor of the Building without first obtaining the Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. However, notwithstanding the foregoing, Landlord acknowledges and agrees that Tenant may drill into the floor slab for plumbing associated with drainage, the location and scheduling thereof to be consented to by Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. The cost of any consultant or engineer hired by Landlord in connection with such work undertaken by Tenant shall be paid for by Tenant as additional rent hereunder. Tenant shall submit requests for consent to make alterations or physical additions together with copies of the plans and specifications for such alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of construction of the alterations or physical additions, Tenant shall deliver at least ten (10) days prior notice to LandlordLandlord the building permit, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of the executed construction contract covering the alterations and physical additions and evidence of contractor’s and subcontractor’s insurance, such insurance being with such companies, for such periods and in such amounts as Landlord may reasonably require, naming the Landlord Parties (as defined on Exhibit I) as additional insureds. Tenant shall pay to Landlord upon demand a review fee in the amount of Landlord’s actual costs incurred to compensate Landlord for the cost of review and approval of the plans and specifications and for additional administrative costs incurred in monitoring the construction of the alterations, all such charges to Tenant to be reasonable. Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all alterations or physical additions so made in or to the Leased Premises, and shall reimburse Landlord for the cost incurred by Landlord to update its current architectural plans for the Building.
B. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Leased Premises, including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith.
C. Tenant shall not be deemed to be the agent or representative of Landlord in making any such alterations, physical additions or improvements to the Leased Premises, and shall have no right, power or authority to encumber any interest in the Complex in connection therewith other than Tenant’s leasehold estate under this Lease Agreement. However, should any mechanics’ or other liens be filed against any portion of the Complex or any interest therein (other than Tenant’s leasehold estate hereunder) by reason of Tenant’s acts or omissions or because of a claim against Tenant or its contractors, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within twenty (20) days after notice by Landlord. All Alterations If Tenant shall fail to cancel or discharge said lien or liens, within said twenty (20) day period, which failure shall be deemed to be an Event of Default hereunder without the necessity of any further notice, Landlord may, at its sole option and in addition to any other remedy of Landlord hereunder, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all costs incurred in canceling or discharging such lien or liens.
D. Tenant shall cause all alterations, physical additions, and improvements (including fixtures), constructed or installed in the Leased Premises by or on behalf of Tenant to comply with all applicable governmental codes, ordinances, rules, regulations and laws. Tenant acknowledges and agrees that neither Landlord’s review and approval of Tenant’s plans and specifications nor its observation or supervision of the construction or installation thereof shall constitute any warranty or agreement by Landlord that same comply with such codes, ordinances, rules, regulations and laws or release Tenant from its obligations under this Section 10.D.
E. Tenant shall be wholly responsible for any accommodations or alterations that are required by applicable governmental codes, ordinances, rules, regulations and laws to be made to the Leased Premises to accommodate disabled employees and customers of Tenant, including, without limitation, compliance with the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.) and the Texas Architectural Barriers Act (Texas Government Code, Chapter 469) (collectively, the “Accommodation Laws”) to the extent interpreted and enforced from time to time, as well as all applicable regulatory requirements promulgated by the Centers for Medicare and Medicaid Services (“CMS”), the State of Texas, Occupational Safety and Health Administration and the administrative regulations promulgated thereunder and all other federal, state and local statutory and regulatory requirements and building codes, including, without limitation, state hospital licensing standards and CMS certification regulations (collectively, the “Healthcare Laws”). Except to the extent provided below, Landlord shall be responsible for making all accommodations and alterations to the Common Areas of the Building necessary to comply with the Accommodation Laws and any other federal, state and local statutory and regulatory requirements and building codes. Notwithstanding the foregoing, Landlord may perform, at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted expense, any accommodations or alterations that are required by the Accommodation Laws and/or Healthcare Laws or that are required by any governmental official acting pursuant to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable the Accommodation Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations and/or Healthcare Laws to any area outside of the Industrial Center. In addition, all work with respect to Leased Premises which are triggered by any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications alterations or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access additions to the Industrial Center, Leased Premises or by the Common Areas for any other tenant proposed use of the Industrial Center, Premises as described in Section 3 and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, Landlord for such cost and expense within ten thirty (1030) days after of demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 3 contracts
Sources: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)
Alterations. After the Commencement Date, Tenant shall not install any signs, fixtures, improvements, nor make or permit any other alterations Alterations in, on or additions about the Premises, except for nonstructural Alterations not exceeding Twenty-Five Thousand and no/100ths Dollars (individually$25,000.00) in cost during any twelve (12) month period, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) which consent shall not be unreasonably withheld, and which do not affect according to plans and specifications reasonably approved in writing by Landlord. Notwithstanding the Building systems or the structural integrity or structural components of the Premises or the Building. In all eventsforegoing, Tenant shall deliver at least ten (10) days not, without the prior notice to written consent of Landlord, make any (i) alterations to the exterior of the Building; (ii) alterations to and penetrations of the roof of the Building; or (iii) alterations visible from outside the date Tenant intends Building to commence construction, sufficient to enable which Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to may withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant’s 's sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlordexpense, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (includinglaws and permit requirements by a licensed contractor, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must shall be done in a good and workmanlike manner. Landlord’s approval manner conforming in quality and design with the Premises existing as of any plansthe Commencement Date, specifications or working drawings for Tenant’s Alterations and shall not create nor impose any responsibility diminish the value of either the Building or liability on the part Premises. All Alterations made by Tenant shall be and become the property of Landlord for upon installation and shall not be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, at Tenant's expense, remove any or all Alterations installed by Tenant and return the Premises to their completenesscondition as of the Commencement Date of this Lease, design sufficiency, normal wear and tear excepted and subject to the provisions of Paragraph 23. If Tenant removes any Alterations as required or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterationspermitted herein, Tenant shall have the work performed in such a manner as not to obstruct access repair any and all damage to the Industrial CenterPremises caused by such removal and return the Premises to their condition as of the Commencement Date, or normal wear and tear excepted and subject to the Common Areas for provisions of Paragraph 22. Notwithstanding any other tenant provision of this Lease, Tenant shall be solely responsible for the Industrial Center, maintenance and as repair of any Alterations made by it to the Premises. The provisions of this Paragraph 12 shall not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect apply to the Tenant Improvements which shall be governed by the provisions set forth in Exhibit F the Work Letter Agreement attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.EXHIBIT D.
Appears in 3 contracts
Sources: Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc)
Alterations. (a) Tenant shall not install any signs, fixtures, improvements, nor before or during the Term make or permit suffer to be made any other alterations alterations, additions or additions improvements in or to the Premises (individually, an “Alteration”, and collectively, the herein collectively called “Alterations”) without first obtaining Landlord’s written approval thereof based on detailed plans and specifications submitted by Tenant. Landlord’s approval may be withheld in Landlord’s sole and absolute discretion if any Alterations could in Landlord’s judgment affect the structure of the Building or the electrical, mechanical, heating, ventilation or air conditioning, life safety or plumbing systems of the Building (collectively the “Building Systems”), be visible from outside the Premises, or require additional code compliance or similar work not included in the Alterations; otherwise, Landlord’s consent shall not be unreasonably withheld. Without limiting the foregoing, all Alterations shall also be subject to the Premises provisions of Section 11.2 below. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations that do not affect the structure of the Building or the Building Systems that in the aggregate do not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) without the prior written consent of Landlord; provided, except for Alterations however, that cumulatively cost less than Twenty Five Thousand Dollars Tenant shall provide Landlord copies of all permits, plans and other related documents in connection with such Alterations.
($25,000.00b) and which do not affect the Building systems or the structural integrity or structural components of Any Alteration to the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Building or any part thereof, and in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be constructed and installed by a licensed, insured, and bonded contractor (reasonably approved in writing by Landlord. As a further condition to giving consent, with respect to Alterations that could affect the structural components of the Building Systems or which in the aggregate exceed One Million Dollars ($1,000,000.00) in cost, Landlord may require Tenant to provide Landlord, at Tenant’s sole cost and expense, a payment and performance bond in form reasonably acceptable to Landlord, in a principal amount not less than the estimated costs of such Alterations, to ensure Landlord against any liability for mechanics’ and materialmen’s liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its reasonable costs (including, without limitation, the costs of any construction manager retained by Landlord) in compliance with reviewing plans and documents and in monitoring construction. Tenant shall maintain during the course of construction, at its sole cost and expense, builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all applicable Laws (includingimprovements under construction, but not limited to, the ADA)including building materials, and all recorded matters other insurance in amounts and rules against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and regulations without limitation on the generality of the Industrial Center. In additionforegoing, all work with respect to any Alterations must be done Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a good “broad form” commercial general liability and workmanlike manner. property damage policy of insurance naming Landlord, Tenant and Landlord’s approval lenders, if any, as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any plansone accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, specifications and shall contain a severability of interest clause or working drawings a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least Three Million Dollars ($3,000,000.00).
(c) Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence construction or installation of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofimprovements. Tenant shall keep will at all times permit such notices to be posted and to remain posted until the Premises and the property on which the Premises are situated free from any liens arising out completion of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienswork.
Appears in 3 contracts
Sources: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
Alterations. Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to any alterations, additions or improvements to the Premises which cost less than Twenty Five Thousand Dollars One Dollar ($25,000.001.00) and which do not affect per square foot of the Building systems or the structural integrity or structural components improved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. In Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all eventswork be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, Tenant shall deliver at least ten (10) days prior notice to Landlordtime, from and contractor for performance of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and work. Tenant shall obtain all required permits or other governmental approvals prior to commencing any of such for the work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) perform the work in compliance with all applicable Laws (includinglaws, but not limited toregulations and ordinances, all covenants, conditions and restrictions affecting the ADA)Project, and all recorded matters the Rules and rules Regulations (hereafter defined). Tenant understands and regulations of the Industrial Center. In addition, all work with respect agrees that Landlord shall be entitled to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants supervision fee in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one amount of five percent (15%) of the total cost of the Alterationswork. If Tenant makes any Alterationsgovernmental entity requires, Tenant agrees as a condition to carry “Builder’s All Risk” insuranceany proposed alterations, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep additions or improvements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the property on which the Premises are situated free from any liens arising out of any work performedCommon Areas, materials furnished or obligations incurred by or on behalf of Tenant. then Tenant shall, prior at Tenant's sole expense, make such required improvements to construction of any the Common Areas in such manner, utilizing such materials, and all Alterationswith such contractors (including, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably if required by Landlord, and Landlord's contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant shall provide such assurances to Landlordmake any improvement which incorporates any Hazardous Materials, including without limitationlimitation asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, waivers all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of lienLandlord and shall be surrendered with the Premises at the end of the Term, surety company performance bonds except that Landlord may, by notice to Tenant, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall require be entitled to assure payment of the prompt reimbursement from Tenant for all costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensincurred.
Appears in 3 contracts
Sources: Industrial Lease (Jni Corp), Industrial Lease (Ambassadors International Inc), Industrial Lease (Immersion Corp)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not install any signs, fixtures, improvements, nor make or permit any other alterations Alterations in, on or additions (individually, an “Alteration”, and collectively, the “Alterations”) to about the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and according to plans and specifications approved in writing by Landlord, which do consent and approval shall not affect be unreasonably withheld, conditioned or delayed. Except in the Building systems or the structural integrity or structural components case of the Premises or Tenant Improvements which are the Building. In all eventssubject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant shall deliver at least ten (10) days prior notice provide to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense expense, a lien and completion bond in accordance with plans an amount equal to one and specifications one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which have been previously submitted to are the subject of the Initial Installation, and approved unless otherwise agreed in writing by Landlordthe parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed by a licensedat Tenant’s sole expense (except as expressly set forth in this Lease), insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws laws (including, but not limited to, the ADAThe American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and all recorded matters Regulations and rules and regulations of the Industrial CenterCC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. In addition, all work with respect to any All Alterations must shall be done in a good and workmanlike mannermanner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. LandlordAll Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s approval Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any plans, specifications or working drawings for and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations shall not create nor impose any on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or liability on other notice deemed proper before the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work commencement of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 3 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)
Alterations. (a) Landlord’s Consent. Tenant shall not install make any signsalterations, fixturesadditions, improvementsinstallations, nor make substitutes or permit any other alterations or additions improvements (individually, an “Alteration”, and collectively, the “Alterations”) in and to the Property, Building, Premises and/or the Additional Property for Parking without first obtaining Landlord’s written consent, not to be unreasonably withheld. Without limiting the prior written foregoing, Alterations shall include wiring, cabling and related installations for telephone, computer, voice data and other office systems. Landlord shall not unreasonably withhold, condition or delay its consent; provided, however, that Landlord shall have no obligation to consent of Landlord, except for to Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) could affect any structure on the Property, Building, Premises and/or Additional Property for Parking Building or that would violate the certificate of occupancy for the Property, Building, Premises and which do not affect the Building systems Additional Property for Parking or any applicable law, code or ordinance or the structural integrity terms of any superior lease or structural components mortgage affecting the Property, Building, Premises and Additional Property for Parking or that would increase the rate of insurance for the Property, Building, Premises and Additional Property for Parking or the Building. In all eventswould adversely affect any Building system, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, any mechanical, electrical, heating, ventilation or air conditioning system, fire protection system, or other system serving the ADABuilding (collectively, “Building Systems”). No consent given by Landlord shall be deemed as a representation or warranty that such Alterations comply with laws, and all recorded matters regulations and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access applicable to the Industrial CenterProperty, or the Common Areas for any other tenant of the Industrial CenterBuilding, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by LandlordAdditional Property for Parking (“Laws”), and Tenant shall provide be solely responsible for compliance therewith. Tenant shall pay Landlord’s reasonable costs of reviewing or inspecting any proposed Alterations and any other costs that may be incurred by Landlord as a result of such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensAlterations.
Appears in 2 contracts
Sources: Office & Parking Lease (Eargo, Inc.), Office & Parking Lease (Eargo, Inc.)
Alterations. Tenant Landlord agrees to install at Landlord’s cost and expense, the improvements described in EXHIBIT C attached hereto (the “Improvements”), all of which shall not install any signsbe and remain the property of Landlord. Landlord shall perform such work diligently in a good and workmanlike manner in substantial conformance with the plans and specifications attached as EXHIBIT C (including the drawings, schedules, specifications and AutoCAD Files referenced therein) or otherwise approved by Tenant, and in accordance with all applicable governmental laws, rules, regulations and other requirements. Landlord will apply for and obtain all permits, licenses and certificates necessary for installation of the Improvement described in EXHIBIT C. All other improvements, alterations, additions, partitions, fixtures, improvements, nor make or permit any other alterations or additions removals and restoration to the Leased Premises (individually, an “Alteration”, and collectively, the “AlterationsTenant’s Improvements”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be installed at Tenant’s sole the cost and expense of Tenant (which cost shall be payable on demand as Rent to Landlord), but only if such improvements, alterations, partitions, fixtures, removals and/or restorations are: (i) approved in advance by Landlord in writing, which approval shall not be unreasonably withheld, conditioned or delayed; (ii) made in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, ; (iii) performed in accordance with and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any governmental laws, ordinances, rules and regulations regulations; (iv) made or performed only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld); and (v) performed in a good workmanlike manner and diligently prosecuted and so as not to damage the structure or structural qualities of governmental agencies or authoritiesthe Building. In performing Notwithstanding the work of any such Alterationsforegoing, Tenant shall have the work performed in such a manner as not right, upon prior written notice to obstruct access Landlord but without Landlord’s consent, to make any Tenant’s Improvements to the Industrial CenterLeased Premises which do not affect the structure and the mechanical, electrical, plumbing and life safety systems of the Building and do not exceed Twenty-Five Thousand and 00/100 Dollars ($25,000.00) in aggregate in any consecutive twelve (12) month period. All Tenant’s Improvements shall be and remain the property of Tenant during the Term of this Lease, provided, however, that, unless Landlord otherwise elects as hereinafter provided, all said Tenant’s Improvements shall, upon the expiration or termination of this Lease, or the Common Areas for any other tenant earlier vacation of the Industrial CenterLeased Premises, become and as not be deemed to obstruct be the business property of Landlord and title thereto shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale without further act or deed on the part of Tenant and Tenant shall, at Landlord’s request, promptly execute and deliver such bills of sale or other tenants documents or instruments as Landlord may deem necessary or desirable to evidence the foregoing. Notwithstanding anything to the contrary contained in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunderforegoing, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with remove all Tenant’s Alterations, plus Improvements (and any wiring and cabling or similar improvements installed by Tenant shall pay to Landlord a fee equal to one percent (1%) as part of the total cost initial Improvements or as part of the Alterations. If Tenant makes any Alterations, Tenant agrees initial Tenant’s Improvements) and restore the Leased Premises to carry “Builder’s All Risk” insurance, in an amount approved its condition prior to the installation or construction thereof by Landlord and such other insurance as Landlord may require, it being understood and agreed that all the date of such Alterations shall be insured by Tenant in accordance with the terms expiration of this Lease immediately upon completion thereof. Tenant shall keep or in the event of the earlier vacation of the Leased Premises and or termination of this Lease, unless, at the property on which time of Landlord’s approval, or if Landlord’s approval is not required, at the Premises are situated free from any liens arising out time of any work performedoriginal installation, materials furnished or obligations incurred by or on behalf of TenantLandlord agreed in writing that such removal was not required. Tenant shall, prior to any such construction of any and all Alterationsor work, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitationbut not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord and the Industrial Center from and against any loss from any mechanic’smechanics’, laborers’, materialmen’s or other liens. Tenant hereby indemnifies and saves Landlord harmless from and against any and all loss, liability, damage, penalty, cost, expense or fee (including, without limitation, court costs and reasonable attorneys’ fees) incurred by or asserted against Landlord as a result of the existence or threat of any lien against the Building, Leased Premises or Property. At Landlord’s request, Tenant will notify any contractors, subcontractors and materialmen performing work on, or supplying materials for, the Leased Premises that Tenant is not acting as the agent of Landlord in connection with any such work and/or shall post signs on the Leased Premises to that effect. All risk of loss with respect to the Tenant’s Improvements during the Term hereof shall be the sole responsibility of Tenant.
Appears in 2 contracts
Sources: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)
Alterations. The Tenant shall not install change the Demised Premises or make any signsadditions, fixturesalterations, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Demised Premises without the Landlord's prior written consent of Landlordconsent. Any alterations, except for Alterations improvements or additions in or about the Demised Premises that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice desire to Landlordmake shall be submitted to Landlord in written form, from the date Tenant intends to commence constructionwith proposed detailed plans. any alterations, sufficient to enable Landlord to post a Notice of Non-Responsibility and improvements or additions proposed by Tenant shall be further subject to the following:
(a) Tenant shall first obtain all requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction;
(b) Obtain, if applicable, any fee mortgagee's or other governmental approvals ground lessee's prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations written consent;
(c) Any alterations shall be at Tenant’s sole cost and expense made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and specifications which in compliance with applicable laws and governmental regulations;
(d) The cost of the alterations shall be paid by Tenant so that the Demised Premises remains free of any liens;
(e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term;
(f) Tenant shall maintain proper insurance as required by Landlord;
(g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property;
(h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been previously submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. The Tenant shall be installed by a licensed, insured, responsible for paying any of Landlord's fees in reviewing the Plans and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, Specifications. At the ADA), and all recorded matters and rules and regulations completion of the Industrial Center. In additionalteration or restoration, all work with respect "as-built" plans shall be delivered to any Alterations must Landlord;
(i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on removed by the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access thirty (30) days prior to the Industrial Center, or the Common Areas for any other tenant termination of the Industrial Center, Term and as not the Demised Premises shall be restored to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Centerits condition prior to such alteration. Except with respect The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) at the end of the total cost of the Alterations. If Term if Landlord elects to have such improvement remain, or, returned to Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured after restoration by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises if Landlord directs that said alteration be removed and the property on which the Demised Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensrestored.
Appears in 2 contracts
Sources: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)
Alterations. Tenant shall not install make any signsalterations, fixturesadditions or improvements without Landlord's approval, which shall not be unreasonably withheld or delayed. In the event Tenant proposes any alterations, additions, or improvements, nor make it shall submit a complete set of plans and specifications relating thereto, prepared by any architect or permit professional engineer registered in the State of New Jersey to Landlord. Landlord, at its option, shall grant or deny approval within 15 days after receipt. Landlord may impose any other alterations conditions and/or requirements upon Tenant as Landlord considers necessary or additions (individually, an “Alteration”, prudent to protect Landlord's interest in the Premises. Tenant must agree in writing to adopt any such conditions and/or requirements before any approval is effective. If Landlord shall grant approval for the proposed work and collectivelyprovided Tenant has agreed to any conditions and/or requirements made a part of such approval, the “Alterations”) following additional conditions shall apply:
a. Prior to making any alterations, additions or improvements Tenant shall assure itself that the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do work will not affect the Building systems or impair the structural integrity of the Premises, or any portion thereof. Approval of the proposed work by Landlord shall not constitute or imply a warranty or representation by Landlord that the existing Premises, or any part thereof, is adequate to withstand work proposed by Tenant. By making any alterations, additions, or improvements, Tenant expressly warrants that the same will not impair the structural components integrity of the Premises nor any part thereof and are in full compliance with the requirements of all governmental agencies or authorities having jurisdiction. Landlord reserves the Buildingright to approve or reject Tenant's contractor. In all eventsIf Tenant's proposed alteration involves a tie-in to building systems, Landlord further reserves the option of requiring Tenant to use Landlord's contractor.
b. All costs related to the proposed work, irrespective of their nature, are the sole responsibility of Tenant and shall deliver be promptly paid by Tenant at least ten (10) days prior notice to Landlordsuch time as they may be due.
c. All contractors, from the date Tenant intends to commence constructionlabor and/or material suppliers, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant similar parties shall obtain all permits or other governmental approvals agree, in writing, prior to commencing the commencement of any work or procurement of such materials, (1) to jointly comply with Tenant with the mechanics lien restrictions contained elsewhere in this Lease; (2) that they are entering into any agreements for labor and/or material with Tenant and not on behalf or for the benefit of Landlord; (3) that the work and deliver a copy of same to Landlord. All Alterations be done shall be at Tenant’s sole cost and expense in accordance conformance with the last plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and that no changes shall be made thereto without the approval of Landlord and Tenant; and (4) that they, and their employees and other agents, shall comply with all rules and regulations contained in Tenant's Lease regarding their conduct on the Premises. Proof of such other insurance as agreements shall be given to Landlord prior to the commencement of the proposed work.
d. Tenant shall insure, indemnify and hold Landlord harmless for any loss to which Landlord may requirebe subject or which Landlord may sustain relating to accidents, it being understood injury to persons (including death), property loss or damage of any nature whatsoever, regardless of cause, arising during or ensuing from the work undertaken by Tenant.
e. All such alterations, additions and agreed that all improvements upon completion shall immediately become the property of such Alterations shall be insured Landlord, without compensation by Landlord to Tenant in accordance with or any other party, and simultaneously become part of the Premises, and Tenant's obligations and responsibilities pursuant to the terms and conditions of this Lease immediately upon completion thereofshall thenceforth apply to the aforementioned alterations, additions, or improvements. Upon the termination of the Tenant's lease and/or Tenant's vacating of the premises, Tenant shall keep the Premises remove said alterations, additions and the property on which the Premises are situated free from any liens arising out of any work performedimprovements at Tenant's expense, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required if so requested by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment .
f. Upon completion of the costs thereof work, Tenant will submit to protect Landlord as-built drawings and certifications of inspections certifying the Industrial Center from and against any loss from any mechanic’scompletion of the alteration, materialmen’s addition or other liensimprovement.
Appears in 2 contracts
Sources: Lease Modification and Extension Agreement (Schein Pharmaceutical Inc), Lease Modification and Extension Agreement (Danbury Pharmacal Puerto Rico Inc)
Alterations. Except as set forth on Exhibit "A” attached hereto, Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, improvementsor shades or awnings, nor or make or permit any other alterations changes to the Leased Premises without first obtaining Landlord's written approval. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or additions (individually, an “Alteration”, and collectivelyimprovements to the Leased Premises by Tenant, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be made by Tenant at Tenant’s 's sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Centerexpense. In addition, all All such work with respect to any Alterations must alterations, additions, and changes shall be done in a good and workmanlike mannermanner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Landlord’s approval of any plansAny such alterations, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiencyadditions, or compliance changes shall be performed and done strictly in accordance with any laws, ordinances, rules all laws and regulations of governmental agencies or authoritiesordinances relating thereto. In performing the work of or any such Alterationsalterations, additions, or changes, Tenant shall have the work same performed in such a manner as not to obstruct access to any portion of the Industrial CenterBuilding. Any alterations, additions, or the Common Areas for any other tenant improvements to or of the Industrial CenterLeased Premises, including, but not limited to, wall covering, paneling, and as not to obstruct built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the business of Landlord or other tenants in the Industrial Center, or interfere realty and shall be surrendered with the labor force working in Premises unless Landlord otherwise elects at the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) end of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensterm hereof.
Appears in 2 contracts
Sources: Lease Agreement (Pacific Webworks Inc), Lease Agreement (Pacific Webworks Inc)
Alterations. Tenant shall not install any signsmake no alterations, fixturesinstallations, improvements, nor make or permit any other alterations changes or additions (individually, an “Alteration”, and collectively, the “Alterations”) in or to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the BuildingProject (collectively, "ALTERATIONS") without Landlord's prior written consent. In all eventsAny Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s its sole cost and expense in accordance with plans obtain all necessary approvals and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect permits pertaining to any Alterations. Tenant shall cause all Alterations must to be done performed in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completenessin conformance with all applicable federal, design sufficiencystate, or compliance with any county and municipal laws, ordinances, rules and regulations of governmental agencies or authoritiesregulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. In performing If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "COSMETIC ALTERATIONS") without Landlord's consent, provided that the aggregate cost of any such Alterationsalterations does not exceed [***], Tenant shall have the work performed in and further provided that such a manner as alterations do not to obstruct access (i) require any structural or other substantial modifications to the Industrial CenterPremises, or (ii) require any changes to, nor adversely affect, the Common Areas for any other tenant systems and equipment of the Industrial CenterProject, and as not to obstruct (iii) affect the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) exterior appearance of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofProject. Tenant shall keep give Landlord at least fifteen (15) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the Premises criteria contained in this Article 9. Tenant hereby agrees to indemnify, defend, and the property on which the Premises are situated hold Landlord free and harmless from any all liens and claims of lien, and all other liability, claims and demands arising out of any work performed, materials furnished done or obligations incurred material supplied to the Premises by or on behalf at the request of Tenant. Tenant shall, prior to construction of in connection with any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 2 contracts
Sources: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)
Alterations. Tenant shall not install create any signs, fixtures, improvementsopenings in the roof or exterior walls, nor shall Tenant make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Leased Premises without the prior written consent of the Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars which consent shall not be unreasonably withheld. In the event of an improvement or alteration, Landlord shall have the right to determine ($25,000.00at the time such approval is given) and which do not affect whether it shall be left or removed at the Building systems expiration or the structural integrity or structural components termination of the Premises or the BuildingLease, except as required by any governmental authority. In all events, Tenant shall deliver at least ten (10) days prior notice be responsible to Landlordmake all additions, from the date Tenant intends to commence constructionimprovements, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlordalterations, and repairs on the Leased Premises and on and to the appurtenances and equipment thereof, required by any governmental authority or which may be made necessary by the act or neglect of any person, firm or corporation, private or public, claiming by, through or under Tenant. Any improvement or alteration shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or manner and in compliance with any all applicable permits and authorizations and building and zoning laws, and with all other laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterationsrules, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Centerregulations, and as not to obstruct the business requirements of Landlord or other tenants in the Industrial Centerall Federal, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached heretoState, as Additional Rent hereunderand municipal governments, Tenant shall reimburse Landlorddepartments, within ten (10) days after demandcommissions, for actual boards, and reasonable legalofficers, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms orders, rules, and regulations of this Lease immediately upon the National Board of Fire Underwriters or any other body exercising similar functions. Upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and the Tenant shall provide Landlord with such assurances to Landlorddocuments as Landlord may require (including, including without limitation, waivers of lien, surety company performance bonds as sworn contractor’s statements and supporting lien waivers) evidencing payment in full for such work. Tenant shall provide Landlord shall require to assure payment with sufficient advance written notice of the costs thereof to protect Landlord and the Industrial Center from and against commencement of any loss from any work which may result in a mechanic’s, materialmen’s or other liensmaterialman’s lien against the Leased Premises so that the Landlord can post sufficient notices of non-liability. Tenant shall be responsible to make all alterations so that the Leased Premises are in full compliance with the Americans with Disabilities Act.
Appears in 2 contracts
Sources: Lease Agreement (Cobiz Inc), Lease Agreement (Cobiz Inc)
Alterations. Tenant shall not install any signs, fixtures, improvements, nor make or permit suffer to be made any other alterations alteration, addition or additions improvement to or of the Premises or any part thereof (individually, an collectively referred to herein as “Alteration”, and collectively, the “Alterationsalterations”) to the Premises without (i) the prior written consent of LandlordLandlord (which consent shall not be unreasonably withheld and Landlord further agrees that Landlord shall not raise the basic rent as of condition of such consent), except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00ii) a valid building permit issued by the appropriate governmental authority and which do (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or similar body. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not affect attached to the Building systems or the structural integrity or structural components Premises) shall at once become a part of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same belong to Landlord. All Alterations Without limiting the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord’s written approval of any contractor or person selected by Tenant for that purpose (provided that Landlord waives the right to approve such contractor or person if the same is a duly licensed contractor and a valid building permit is issued by the appropriate governmental authority), and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, secure at Tenant’s cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at is sole option, require Tenant, at Tenant’s sole cost and expense in accordance with plans expense, to promptly both remove any such alteration made by Tenant and specifications which have been previously submitted designated by Landlord to be removed and approved in writing repair any damage to the Premises caused by Landlordsuch removal. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If during the term, and subject to paragraph 7 above, any alteration, addition or change of the Premises or the Project is required by law, regulation, ordinance or order of any public or quasi-public authority, Tenant, at its sole cost and expense, shall promptly make the same. If during the term any alterations, additions or changes to the Common Area or to the Project in which the Premises is located is required by law, regulation, ordinance or order of any public or quasi-public authority, and it is impractical in the Landlord’s judgment for the affected tenants to individually make such alterations, additions or changes, Landlord shall make such alterations, additions or changes and the cost thereof shall be installed by a licensed, insured, common area charge and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay its percentage share of such cost to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, as provided in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensparagraph 16.
Appears in 2 contracts
Sources: Standard Industrial Lease (Southwall Technologies Inc /De/), Standard Industrial Lease (Southwall Technologies Inc /De/)
Alterations. Except as otherwise allowed under this Lease, including, without limitation, the Work Letter Agreement, Tenant shall not install any signs, fixtures, improvements, nor make or permit suffer to be made any other alterations alterations, additions, or additions (individuallyimprovements in, an “Alteration”on, and collectively, the “Alterations”) or to the Premises or any part thereof without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) which consent shall not be unreasonably withheld, and which do not affect no such alterations, additions or improvements shall be made without the Building systems supervision of Landlord’s designated agent or the structural integrity or structural components of the Premises or the Buildingrepresentative. In all eventsthe event Landlord consents to the making of any such alterations, Tenant shall deliver at least ten (10) days prior notice to Landlordadditions, from or improvements by Tenant, the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be made by Tenant, at Tenant’s 's sole cost and expense expense, in accordance with all applicable laws, ordinances, and regulations and all requirements of Landlord's and Tenant's insurance policies. All work shall be performed in accordance with plans and specifications which have been previously submitted to approved by Landlord, and each contractor and subcontractor must first be approved in writing by Landlord, and or, at Landlord's option, the alteration, addition or improvement shall be installed made by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings Landlord for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord's account, and Tenant shall provide reimburse Landlord for the cost thereof upon demand. To the extent that Tenant requests that Landlord manage any construction services to the Premises, then Landlord may charge a fee for any and all such assurances construction supervision provided by Landlord’s designated agents or representatives in connection with such alterations, additions or improvement to the Premises by Tenant. Such fee, at Landlord’s option, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of be either a fixed fee or a fee calculated an hourly basis considering the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmentime expended by Landlord’s agents or other liensrepresentatives in supervising Tenant’s construction.
Appears in 2 contracts
Sources: Office Lease Agreement (Ultimate Software Group Inc), Office Lease Agreement (Ultimate Software Group Inc)
Alterations. Except as outlined in paragraph 20 herein, Tenant shall will not install any signsmake, fixtures, improvements, nor make or permit anyone to make, any other alterations in or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises or Building; nor will it install any equipment of any kind that will require any alterations in or additions to the water system, plumbing system, heating system, air conditioning system, or the electrical system, without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant If such consent shall deliver at least ten (10) days prior notice to be given by Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost expense and expense at such times and in such manner as Landlord may designate. Tenant shall not permit any mechanic’s or materialmen’s liens to attach to the Premises or this leasehold interest. Tenant shall perform such alterations in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), governmental laws and all recorded matters ordinances and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofLease. If any such alterations, additions or installations are made without such consent or contrary to the time and manner designated by Landlord, Landlord may correct or remove them and Tenant shall keep the Premises be liable for any and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations all expenses incurred by Landlord in the performance of this work. All alterations, additions or on behalf of Tenant. installations made by Tenant shall, unless Landlord elects otherwise, become the property of Landlord and shall remain upon the Premises. In the event Landlord shall elect to terminate this Lease prior to construction the end of any and all Alterationsthe Term, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required such alterations, additions or installations by Landlord, Tenant hereof may be removed by the Tenant and Tenant shall provide repair any damage caused by such assurances to Landlordremoval, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord all at Tenant’s sole cost and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensexpense.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Alterations. Tenant A. Sublessee shall not install any signs, fixtures, improvements, nor make or cause, suffer or permit the making of any other alterations alteration, addition, change, replacement or additions (individuallyinstallation, an “Alteration”whether at the commencement of the term of this Sublease or thereafter, and collectively, the “Alterations”) in or to the Premises (hereinafter referred to as “Sublessee’s Work”) without obtaining the prior written consent of LandlordSublessor in each instance, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) which consent shall not be unreasonably withheld, conditioned or delayed: provided, however, notwithstanding the foregoing, Sublessee need only seek and which do not affect obtain Sublessor’s consent if Sublessee’s Work will involve modification of the Building structure or utilities systems or the structural integrity or structural components of the Premises or will cost more than $50,000.00 to complete, or require filing for a building permit with the BuildingNYC Building Department. In all eventsWith respect to any Sublessee’s Work. Sublessee shall (i) obtain Sublessor’s prior written consent to Sublessee’s contractors and subcontractors; (ii) submit to Sublessor, Tenant shall deliver for Sublessor’s written approval, detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for Sublessee’s Work. (iii) at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at TenantSublessee’s sole cost and expense expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies.
(iv) perform such Sublessee’s Work in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited tolaws, the ADA)construction procedures set forth in this Sublease, and all recorded matters the Prime Lease as incorporated herein or such other procedures and rules and regulations (including the Operating Rules) as Sublessor shall determine; and (v) not allow Sublessee’s contractors and subcontractors to disrupt or materially interfere with Sublessor’s construction of its Lessee Improvements (as defined in the Industrial CenterPrime Lease). In addition, Sublessee shall reimburse Sublessor for all work reasonable out-of-pocket costs incurred by Sublessor in connection with respect to any Alterations must be done in a good and workmanlike manner. LandlordSublessor’s approval review of any plans, drawings and specifications relating to Sublessee’s Work, Throughout the Term of this Sublease. Sublessee shall provide documentation to Sublessor (in the form of contractor’s invoices or working drawings other evidence reasonably satisfactory to Sublessor) evidencing the cost of all construction work performed at the Premises. Sublessee shall, at its expense, discharge any mechanic’s lien filed against the Premises or the Chelsea Piers for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiencywork claimed to have been done for, or compliance with any lawsmaterials claimed to have been furnished to, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, Sublessee within ten thirty (1030) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) receipt of notice of the total cost of filing thereof, by payment or filing the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably bond required by Landlordlaw. Upon completion of Sublessee’s Work, Sublessee, at Sublessee’s sole cost and Tenant expense, shall provide such assurances obtain certificates of final approval required by any governmental or quasi-governmental bodies and shall furnish to Landlord, including without limitation, waivers Sublessor with copies thereof together with copies of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensfinal “as-built” plans.
Appears in 2 contracts
Sources: Sublease (2U, Inc.), Sublease (2U, Inc.)
Alterations. Tenant shall not install any signshave the right to make, fixturesat its sole expense, alterations, modifications, additional installations, substitutions, improvements, nor make renovations or permit betterments made at or to the Premises, or any other alterations or additions part thereof, from and after the completion of the Initial Construction (individuallycollectively, an “AlterationALTERATIONS”, but excluding the addition, renewal and collectivelyreplacement of FF&E), the “Alterations”) subject to the Premises without the prior written consent of Landlordrequirements set forth in this Section 3.2.
(i) Tenant, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all eventsat its expense, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all necessary permits or other governmental approvals prior to commencing and certificates from Governmental Authorities for the commencement and prosecution of any Alterations and final approval from Governmental Authorities and upon completion, promptly deliver copies of such work and deliver a copy of the same to Landlord. All Landlord and cause any Alterations shall to be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) performed in compliance with all applicable Laws (including, but not limited to, Legal Requirements and requirements of Permitted Leasehold Mortgagees and insurers of the ADA)Premises, and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval , using materials and equipment at least equal in quality to the original quality of any plans, specifications or working drawings for Tenant’s Alterations the installations at the Premises that are being replaced.
(ii) The Landlord (solely in its capacity as the owner of the Sites) shall not create nor impose any responsibility or liability reasonably cooperate with Tenant in obtaining the permits and approvals required to be issued by Governmental Authorities in connection with construction on the part Premises, including Alterations, required pursuant to the terms of Landlord for their completenessthis Lease and any necessary utility access agreements, design sufficiency, or compliance shall sign any application reasonably made by Tenant which is required in order to obtain such permits and approvals and utility access agreements and shall provide Tenant with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, information and/or documentation not otherwise reasonably available to Tenant shall have the work performed in such a manner as not to obstruct access (if available to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, Landlord) which is necessary to procure such permits and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Centerapprovals and utility access agreements. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse the Landlord, within ten (10) days after demandthe Landlord’s demand accompanied by reasonably sufficient documentation, for actual and any reasonable legal, engineering, architectural, planning and other expenses out-of-pocket cost or expense incurred by the Landlord in connection with Landlord’s assistance in obtaining the permits and approvals and utility access agreements. Notwithstanding anything to the contrary contained in the foregoing sentence, for so long as an Affiliate of Landlord owns, directly or indirectly, an equity interest in Tenant’s Alterations, plus Landlord shall not be entitled to any such reimbursement from Tenant shall pay to Landlord a fee equal to one percent other than as provided in the Partnership Agreement.
(1%iii) of No Alteration materially affecting the total cost of structural portions, roofs or the Alterations. If Tenant makes any Alterationsheating, Tenant agrees to carry “Builder’s All Risk” insuranceair conditioning, in an amount approved by Landlord and such elevator, plumbing, electrical, sanitary, mechanical or other insurance as Landlord may require, it being understood and agreed that all service or utility systems of such Property shall be undertaken except under the supervision of a licensed architect or licensed professional engineer.
(iv) The costs of all Alterations shall be insured borne by Tenant.
(v) Landlord and Tenant acknowledge and agree that any Alterations shall be subject to the approval rights of the Theme Park Owner with respect to Creative Aspects (as defined in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep Resort Agreement) as set forth in the Premises and Resort Agreement; provided, that to the property on which the Premises are situated free from extent there is any liens conflict arising out of any work performedLandlord’s approval rights pursuant to clause (i) or (ii) of Section 3.2(c) and the Theme Park Owner’s approval rights pursuant to the Resort Agreement as required thereby, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, Landlord acknowledge and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment agree that the rights of the costs thereof to protect Landlord Theme Park Owner shall govern and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienscontrol.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease (Universal City Travel Partners)
Alterations. Tenant shall will not install paint, decorate or change the architectural treatment of any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, part of the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components exterior of the Premises or construct any changes to the Buildinginterior of the Premises, without Landlord’s prior written approval thereto, and will promptly remove any paint, decoration, alteration, addition or changes applied or installed without Landlord’s approval or take such other action with respect thereto as Landlord directs. In all events, Tenant shall deliver not make any structural alterations, additions or changes to the Premises. Tenant may, at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole its own cost and expense erect shelves, bins, racks and removable (i.e., not attached to the realty) trade fixtures (collectively “Trade Fixtures”) in the ordinary course of its business provided such items do not alter the basic character of the Premises, do not damage the Premises, may be removed without injury to the Premises and the construction, erection and installation thereof complies with all legal requirements and other provisions of this Lease. If Landlord grants consent to any requested alterations, the alterations shall be performed in a good, workmanlike and lien free manner in accordance with plans all applicable legal requirements and specifications any restrictions which have been previously submitted may be imposed by Landlord as a condition to its consent. All alterations, changes, additions and approved in writing all leasehold improvements made by LandlordTenant or made by Landlord on Tenant’s behalf and all fixtures installed by Tenant which are not Trade Fixtures are herein collectively referred to as “Tenant Additions”, and shall be installed the property of Landlord. Such Tenant Additions shall not be removed by a licensedTenant on, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations before or following expiration or termination of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Lease without Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner consent except as not may be required pursuant to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensSection 27.1.
Appears in 2 contracts
Sources: Standard Industrial Lease (TWC Holding Corp.), Standard Industrial Lease (Wornick CO Right Away Division, L.P.)
Alterations. Except for work or alterations of a cosmetic, decorative, non-structural nature, which do not: (a) involve in any manner the mechanical, electrical or plumbing systems in the Building; or (b) exceed the cost of $50,000.00 in the aggregate, which aggregate shall include any work performed in any other premises leased by Tenant in the Building pursuant to another lease with Landlord, in any six-month period, Tenant shall not install do any signs, fixtures, improvements, nor work in or about the Leased Premises or make or permit any other alterations or additions (individuallythereto, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do consent shall not affect the Building systems be unreasonably withheld or the structural integrity or structural components of the Premises or the Buildingdelayed. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of All such work and deliver a copy of same to Landlord. All Alterations which Landlord consents shall be performed and installed at Tenant’s sole cost and expense in accordance with plans and specifications to be supplied by Tenant, which have been previously submitted to plans and approved in writing by Landlordspecifications, and shall be installed by a licensedthe contractors, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), subcontractors and all recorded matters and rules and regulations suppliers of the Industrial Centerlabor or materials shall in all instances first be subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. In addition, all work with respect Landlord shall respond to any Alterations must be done in a good and workmanlike manner. request by Tenant for Landlord’s approval approval, including any such request made in connection with the Initial Work, within thirty (30) days, and, if Landlord does not give its approval, Landlord shall specify its reasons for not giving its approval. During the performance of any planswork, specifications whether or working drawings for Tenantnot Landlord’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterationsconsent is required therefor, Tenant shall have the work performed in maintain such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all reasonably require for the benefit of Landlord or such Alterations other parties as Landlord shall be insured by designate in writing. Tenant shall reimburse Landlord for Landlord’s actual out-of-pocket costs in reviewing Tenant’s plans for any alterations requiring Landlord’s approval. Landlord shall provide Tenant with invoices from those professionals from whom Landlord incurred fees in support of Landlord’s demand for reimbursement in accordance with the terms this Section. Landlord will make commercially reasonable efforts to cooperate with Tenant in connection with any application Tenant makes to obtain any permits, licenses, approvals and/or sign-offs necessary for any alterations or improvements Tenant makes pursuant to this Section. Within 30 days of this Lease immediately upon completion of any alterations or improvements, regardless of whether Landlord’s consent is required therefor, Tenant shall furnish Landlord with complete as-built sepia and CAD drawings thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require not charge Tenant a supervisory fee in connection with work performed pursuant to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensthis Section.
Appears in 2 contracts
Sources: Lease Agreement (Vitamin Shoppe, Inc.), Lease Agreement (Vitamin Shoppe, Inc.)
Alterations. Tenant shall not install any signsmake no structural alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises without the express prior written consent of LandlordLandlord which consent shall not be unreasonably withheld or delayed, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) Tenant may alter any wall that is not of a load-bearing nature without the consent of Landlord. Tenant may make non-structural changes and which do not affect the Building systems or the structural integrity or structural components of modifications to the Premises or the Buildingwithout Landlord's approval. In all eventsthe event Landlord has not responded to Tenant's written request for alterations within fifteen (15) days of when received, such alteration shall be deemed to have been approved by Landlord. Tenant agrees to save Landlord harmless on account of any claim or lien of mechanics, materialmen or other party, in connection with any alterations, additions or improvements of or to the Premises performed by Tenant. Tenant shall furnish such waivers of liens and appropriate affidavits from the general contractor or subcontractors as Landlord may reasonably request. Notwithstanding the foregoing, Tenant shall deliver at least ten also be entitled to make the following changes without necessity of Landlord's consent: (10i) days prior notice any alterations required to Landlordbe made by it pursuant to governmental orders, from the date Tenant intends to commence constructionrules, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits laws, regulations, ordinances or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlordrequirements, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlordii) any changes in its signage (provided such are in compliance with all applicable Laws (including, but not limited to, local ordinances and any restrictive covenants affecting the ADA), and all recorded matters and rules and regulations of Premises) or those recommended or required by the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability automobile manufacturer whose automobiles are sold on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authoritiesPremises. In performing the work of any such Alterations, Tenant shall have the work performed right to finance any alterations or improvements permitted hereunder and may pledge its interest in such a manner this Lease as not to obstruct access to the Industrial Centersecurity therefor; provided, or the Common Areas for however, that any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord liens granted in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations financings shall be insured by Tenant in accordance with subordinate to the terms rights of Landlord under this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensLease.
Appears in 2 contracts
Sources: Lease Agreement (United Auto Group Inc), Lease Agreement (United Auto Group Inc)
Alterations. Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises (including, without limitation, roof and wall penetrations) or any part thereof without obtaining the prior written consent of Landlord in each instance. Such consent may be granted or withheld in Landlord’s sole and absolute discretion. Landlord may impose as a condition to such consent such requirements as Landlord may deem necessary, except in its sole and absolute discretion, including, without limitation that: (a) Landlord be furnished with working drawings before work commences; (b) performance and labor and material payment bonds in form and amount and issued by a company satisfactory to Landlord be furnished; (c) Landlord approve the contractor by whom the work is to be performed; (d) adequate course of construction and general liability insurance be in place and Landlord be named as an additional insured under the contractor’s liability and property insurance policies; and (e) Landlord’s instructions relating to the manner in which the work is to be performed and the times during which it is to be accomplished shall be complied with. Tenant shall pay to Landlord all costs incurred by Landlord for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems any architectural, engineering, supervisory or the structural integrity legal services in connection with any alterations, additions or structural components improvements, including, without limitation, Landlord’s review of the Premises plans, specifications and budget for purposes of determining whether to consent. All such alterations, additions or improvements must be performed in a good and workmanlike manner in compliance with all laws, rules and regulations, including, without limitation, the BuildingAmericans with Disabilities Act of 1990, and diligently prosecuted to completion. In all events, Tenant shall deliver to Landlord upon commencement of such work, a copy of the building permit with respect thereto, and a certificate of occupancy or other final inspection and approval from the applicable governmental authority having jurisdiction over the Premises and the Project, if applicable, immediately upon completion of the work. All such work shall be performed so as not to obstruct the access to the premises of any other tenant in the Building or Project. Should Tenant make any alterations, additions or improvements without Landlord’s prior written consent, or without satisfaction of any of the conditions established by Landlord in conjunction with granting such consent, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove all or some of the alterations, additions or improvements at Tenant’s sole cost and restore the Premises to the same condition as existed prior to undertaking the alterations, additions or improvements, or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be performed at Tenant’s expense and the cost thereof shall be Additional Rent to be paid by ▇▇▇▇▇▇ immediately upon demand. Landlord shall have the right to require Tenant, at Tenant’s expense, to remove any and all alterations, additions or improvements and to restore the Premises to its prior condition upon the expiration or sooner termination of this Lease. Tenant shall notify Landlord in writing at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work commencement of any such Alterationswork in or about the Premises, Tenant and Landlord shall have the work performed right at any time and from time to time to post and maintain notices of non-responsibility in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep about the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior pursuant to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensapplicable laws.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement (Pattern Group Inc.), Standard Industrial Lease Agreement (Pattern Group Inc.)
Alterations. a. Except as hereinafter expressly provided, Tenant shall not install any signs, fixtures, improvements, nor make or permit to be made any other alterations alterations, additions, changes or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements in or to the Leased Premises or any part thereof without first obtaining the prior written consent of Landlord thereto (which consent Landlord agrees not to unreasonably withhold with respect to nnn-structural alterations, additions, changes or improvements, provided Tenant has fully complied with each and every term, covenant and condition in this Lease Agreement and, with respect to such alterations, additions, changes or improvements, has provided Landlord with such liability insurance policies and/or surety bonds as Landlord may reasonably request).
b. Before requesting Landlord's consent, Tenant shall submit to Landlord detailed plans and specifications in duplicate of such proposed alterations, changes, additions or improvements, one of which copies may be retained by Landlord. Landlord shall be entitled to withhold its consent to any such alterations, additions, changes, or improvements, until such time as Tenant provides Landlord with reasonable evidence of the approval of such alterations, additions, changes or improvements by any and all municipal, state, federal or other governmental or other authorities, offices and departments now existing or hereafter created having jurisdiction over the Premises, and of the Board of Fire Underwriters or other like body, which approvals Tenant shall obtain at its own cost and expense.
c. Landlord, except its architect, agents and employees, shall have the right to enter upon the Leased Premises in a reasonable manner and at all reasonable times during the course of any such alterations, additions, changes or improvements for Alterations the purpose of inspection and of finding out whether such work conforms to the approved plans and specifications and with the agreements herein contained.
d. Any and all alterations, additions, improvements and changes made by Tenant at any time and all governmental approvals therefor shall immediately be and become the property of Landlord without any payment therefor by Landlord; provided, however, that cumulatively it is expressly understood and agreed that any trade fixtures or other fixtures added by Tenant shall remain the property of Tenant and may be removed by Tenant, at Tenant's expense, upon the expiration or earlier termination of the Lease, provided that any damage caused thereby is immediately repaired by Tenant.
e. Tenant, at its own cost less than Twenty Five Thousand Dollars and expense, will cause any and all mechanics' liens and perfections of the same which may be filed against the Leased Premises to be paid and satisfied of record within thirty ($25,000.0030) and which do not affect days after Landlord shall send to Tenant written notice by registered mail of the Building systems or the structural integrity or structural components filing of any notice thereof against the Premises or the Building. In all eventsowner, for or purporting to be for labor or materials alleged to be furnished or to be charged by or for Tenant shall deliver at least ten the Leased Premises, or will bond such mechanics' liens and use its best efforts to have such liens discharged by an order of a court of competent jurisdiction within said thirty (1030) days prior notice day period.
f. Any alterations, improvements or other work once begun must be prosecuted with reasonable diligence to completion and, subject to the provisions of Subsection 9(e), above, be paid for by Tenant in full, free and clear of liens or encumbrances against the Leased Premises or Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain must be performed in all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense respects in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienslaw.
Appears in 2 contracts
Sources: Merger Agreement (Idx Systems Corp), Merger Agreement (Allscripts Inc /Il)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not install make or suffer to be made any signsalterations, fixturesadditions, or improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADAattachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord which consent shall not be unreasonably withheld, conditioned or delayed. When applying for such consent (if required) or providing such notice (if Landlord’s consent is not required as hereinafter provided), Tenant shall, if reasonably requested by Landlord, furnish complete plans and all recorded matters specifications for such alterations, additions and rules and regulations of improvements. Notwithstanding the Industrial Center. In additionforegoing, all work Landlord’s consent shall not be required (but prior written notice from Tenant to Landlord shall be required) with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) do not have an aggregate cost of more than One Hundred Thousand Dollars ($100,000.00) in any Alterations must be done in a good and workmanlike manner. consecutive twelve (12) month period.
6.2 If Landlord’s approval consent is required pursuant to Section 6.1, any such alteration, addition or improvement by Tenant shall be made by using, at Tenant’s option, either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any plansdispute with any labor unions concerning the wage, specifications hours, terms or working drawings conditions of the employment of any such labor. In any event, Landlord may require that Tenant pay Landlord the construction management fee charged to Landlord by Landlord’s property management company not to exceed five percent (5%) of the cost of such work plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due twenty (20) days after Landlord’s demand. Tenant shall not be obligated to pay such fees in connection with the Landlord’s Work performed pursuant to the Work Letter attached as Exhibit B hereto or in connection with any work performed by Tenant to prepare the Premises for its initial occupancy. Tenant shall be required to remove or restore any alterations, additions or improvements performed by Tenant unless, simultaneously with any such written consent of Landlord (if required) or notice to Landlord (if Landlord’s consent is not required) of such alteration, addition or improvement, Landlord provides Tenant with a written statement that the alteration, addition or improvement being performed does not need to be removed or restored by Tenant at the end of the Term. In the event that Landlord fails to notify Tenant within ten (10) business days of Tenant’s Alterations request for Landlord’s consent (if required) or notice to Landlord (if Landlord’s consent is not required) of any alteration, addition or improvement whether such alteration, addition or improvement needs to be removed or restored at the end of the Term, then such failure shall constitute a determination by Landlord that such alteration, addition or improvement does not create nor impose any responsibility need to be removed or liability on restored at the part end of Landlord for their completenessthe Term.
6.3 All alterations, design sufficiency, additions or compliance improvements proposed by Tenant shall be constructed in accordance with any all government laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterationsregulations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Centerusing Building standard materials where applicable, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterationsconstruction, cause its contractor(s) and/or major subcontractor(s) to provide the additional insurance as reasonably required by Landlordunder Article 11 in such case, and Tenant shall provide also all such assurances to LandlordLandlord as Landlord shall reasonably require to assure payment of the costs thereof, including without limitationbut not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof and funded construction escrows and to protect Landlord and the Industrial Center from Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensliens (provided, however, that such surety company performance bonds and funded construction escrows shall not be required by Landlord so long as (a) Tenant is not then in default under this Lease beyond any applicable notice and core period, (b) Landlord has not applied the Security Deposit or drawn on the letter of credit as a result of a default by Tenant under this Lease beyond any applicable notice and cure period, and (c) such set of alterations, additions or improvements by Tenant do not exceed One Hundred Thousand Dollars ($100,000.00) in the aggregate). Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements which Tenant would be required to remove or restore at the end of the Term, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations, additions or improvements and restoring the Premises; but only to the extent that the reasonably estimated costs of removal and restoration of such alteration, addition or improvement exceed seventy five percent (75%) of the Security Deposit to be held by Landlord at the end of the Term.
Appears in 2 contracts
Alterations. Tenant shall not install make any signsalterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect . Notwithstanding the Building systems or the structural integrity or structural components of the Premises or the Building. In all eventsforegoing, Tenant shall deliver at least ten (10) days have the right to install mechanical systems that are non-structural in nature for Tenant’s operations so long as Tenant obtains Landlord’s prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice written approval of Non-Responsibility same and Tenant complies with all terms and conditions of this Paragraph 6. Additionally, Tenant shall obtain remove such mechanical systems at the expiration or earlier termination of the Lease and restore the Premises to their original condition if Landlord informs Tenant at any time during the term of the Lease of this requirement. Any alterations, additions or improvements performed by Tenant shall be in accordance with all permits or other governmental approvals prior to commencing any of such work the terms and deliver a copy conditions of same to Landlordthis Paragraph 6. All Alterations work to be performed by Tenant under this Paragraph 6 shall be at Tenant’s sole cost and expense performed in accordance with plans and specifications which have been previously submitted to and approved in writing advance by Landlord, Landlord and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws codes, rules, regulations, ordinances and laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers’ compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be designated as an additional insured on such certificates. Tenant shall furnish to Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (including, but not limited to, the ADAincluding attorneys’ fees and court costs), losses, expenses, damages and all recorded matters other liabilities arising out of or in connection with the work performed in accordance with this Paragraph. Tenant, at its own cost and rules expense, may erect such shelves, bins machinery and regulations trade fixtures as it desires provided that (a) such items do not alter the basic character of the Industrial CenterPremises or the building and/or improvements of which the Premises arc a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. In additionAll alterations, all work with respect additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to any Alterations must occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and restoration shall be done performed in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner so as not to obstruct access to damage or alter the Industrial Center, primary structure or the Common Areas for any other tenant structural qualities of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning Building and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep improvements situated on the Premises and the property on or of which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensa part.
Appears in 2 contracts
Sources: Lease Agreement, Commercial Lease Agreement (Power Solutions International, Inc.)
Alterations. 17.1 Tenant shall not install any signsmay make non-structural, fixturesinterior and/or exterior alterations, changes, additions, improvements, nor make reconstructions or permit replacements of any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to of the Premises without (“alterations”), other than those which would result in a diminution in the value of the Premises that do not exceed the Threshold Repair Amount in the aggregate. Unless required by applicable federal, state or local law or regulation, Tenant shall obtain the prior written consent of LandlordLandlord and Lender to any alteration (i) which would result in a diminution in the value of the Premises, except (ii) the cost of which in the aggregate exceeds the Threshold Repair Amount or (iii) which is structural in nature, which consent to a structural alteration shall not be unreasonably withheld. Without limitation, in determining whether a structural alteration is “reasonable” for Alterations that cumulatively cost less than Twenty Five Thousand Dollars purposes of subsection ($25,000.00iii) and which do not affect of the Building systems or preceding sentence, Landlord shall have the right to consider whether such alteration would impair the structural integrity or structural components of the Premises Premises, would impair the fair market value of the Premises, or would otherwise adversely affect the Building. In all eventsoverall marketability of the Premises, as determined in Landlord’s reasonable discretion.
17.2 Tenant shall deliver do all such work in a good and workmanlike manner, at least ten its own cost, and in accordance with Laws and Legal Requirements. Tenant shall discharge, within sixty (1060) days prior after notice to Landlordof the filing of the same (by payment or by filing the necessary bond, from the date Tenant intends to commence constructionor otherwise), sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits any mechanics’, materialmen’s or other governmental approvals prior lien against the Premises and/or Landlord’s interest therein, which lien may arise out of any payment due for any labor, services, materials, supplies, or equipment furnished to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at or for Tenant in, upon, or about the Premises.
17.3 At Tenant’s sole cost and expense without liability to Landlord, Landlord agrees to reasonably cooperate with Tenant (including signing applications upon Tenant’s written request) in obtaining any necessary permits, variances and consents for any alterations which Tenant is permitted or required to make hereunder; provided none of the foregoing shall, in any manner, result in a material reduction of access to or ingress to or egress from the Premises, a diminution in the value of the Premises, a change in zoning having a material adverse effect on the ability to use the Premises for the Healthcare Business by Tenant or otherwise have a material adverse effect on the ability to use the Premises for the Healthcare Business by Tenant.
17.4 Tenant agrees that in connection with any alteration: (i) the fair market value of the Premises shall not be lessened by more than a de minimus extent after the completion of any such alteration, or its structural integrity impaired; (ii) all such alterations shall be performed in a good and workmanlike manner, and shall be expeditiously completed in compliance with all Legal Requirements; (iii) Tenant shall promptly pay all costs and expenses of any such alteration; (iv) Tenant shall procure and pay for all permits and licenses required in connection with any such alteration; and (v) all alterations shall be made (in the case of any alteration the estimated cost of which in any one instance exceeds the Threshold Repair Amount) under the supervision of an architect or engineer and in accordance with plans and specifications which have been previously shall be submitted to Landlord and approved Lender (for information purposes only) prior to the commencement of the alterations.
17.5 All contracts and payments to contractors, subcontractors, suppliers and other persons in writing by Landlordconnection with any alteration, and Restoration, repair or other work performed at the Premises shall be installed by a licensedentered into, insured, made and bonded contractor (reasonably approved by Landlord) performed in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensLegal Requirements.
Appears in 2 contracts
Sources: Master Lease (Summit Healthcare REIT, Inc), Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Alterations. (a) Tenant shall not, without Landlord's prior written consent, which shall not install be unreasonably withheld, make any signsalterations, fixtures, improvements, nor make or permit any other alterations improvements or additions (individuallyhereinafter collectively referred to as "ALTERATIONS") in, an “Alteration”, and collectively, on or about the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the BuildingPremises. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (includinginclude, but shall not be limited to, the ADA)installation or alteration of security or fire protection systems, communication systems, millwork, shelving, retrieval or storage systems, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and all recorded matters and rules and regulations plumbing. At the expiration of the Industrial Center. In additionTerm, all work with respect (a) if Landlord, at the time of giving its consent to an Alteration, specified in writing to Tenant that such Alteration is to be removed at the expiration of the Term or (b) if Tenant failed to obtain Landlord's consent to any Alteration for which Landlord's consent is required, then in either case Tenant shall remove such Alterations must be done and restore the Premises to its prior condition, at Tenant's expense. Other than Alterations described in a good items (i) and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations(ii) below, Tenant shall have make its request to Landlord for proposed Alterations in writing, and shall include the work performed in such plans and specifications prepared by a manner as licensed architect or engineer. Should Tenant make any Alterations without the prior approval of Landlord, or use a contractor not to obstruct access expressly approved by Landlord, Landlord may, at any time during the Term, require that Tenant remove all or part of the Alterations and return the Premises to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants condition it was in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect prior to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost making of the Alterations. If In the event Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished obtain or obligations incurred by or on behalf of Tenant. Tenant shallcause its contractor to obtain, prior to construction the commencement of any work, the insurance coverages required by Section 13 below and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance to Landlord, prior to the commencement of any work, certificates evidencing such insurance, which certificates shall list Landlord as reasonably an additional insured. Notwithstanding the foregoing, Landlord's consent shall not be required for (i) any Alteration that is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting or (ii) any single Alteration the cost of which (labor and materials) is less than $20,000.00 and such Alteration will not affect or involve a Building system, mechanical system, or a structural portion of the Building.
(b) Tenant agrees to pay promptly for any work done by LandlordTenant or material furnished in or about the Premises, and Tenant shall provide not permit or suffer any lien to attach to the Premises and shall cause any such assurances lien or any claim therefor, to be released within 30 days after notice thereof. All work done by Tenant in or about the Premises shall comply with all Laws.
(c) Tenant shall not erect or install signage at the Premises without Landlord's prior written approval as to size, design, and location, which approval shall not be unreasonably withheld. Tenant shall be solely responsible to obtain all zoning approvals and permits associated with Tenant's signage. Notwithstanding the foregoing, Tenant is authorized to modify and/or replace the signage existing at the Premises on the Commencement Date without Landlord's prior written approval so long as the size of the modified or replacement signage is not larger than the existing signage and is in the same location as the existing signage, subject in all respects to Laws, including without limitationzoning ordinances, waivers and other local laws, compliance of lien, surety company performance bonds as Landlord which shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensbe Tenant's responsibility.
Appears in 2 contracts
Sources: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Alterations. Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make such alterations, additions or improvements to the Premises costing less than Twenty Five Thousand Dollars ($25,000.0020,000.00) and during each calendar year of the Term without Landlord’s consent, provided, however, that any alterations, additions or improvements which do change the basic floor plan of the Premises, which change the structural or mechanical systems of the Premises, or which require a governmental permit as a prerequisite to the construction thereof, shall require Landlord’s prior written consent, which shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in either of the foregoing sentences, however, no alterations, additions or improvements to the Premises shall: (i) affect the exterior of the Building systems or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural integrity or structural components portions of the Premises Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. In Landlord may impose, as a condition to its consent, any requirements that Landlord in its reasonable discretion may deem reasonable or desirable, including but not limited to a requirement that all eventswork be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, Tenant shall deliver at least ten (10) days prior notice to Landlordtime, from and contractor for performance of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and work. Tenant shall obtain all required permits or other governmental approvals prior to commencing any of such for the work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) perform the work in compliance with all applicable Laws laws, regulations and ordinances, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations (hereafter defined). Tenant understands and agrees that Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of such work either requiring a permit from the City of San Diego or affecting any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building. If any governmental entity requires, as a condition to any proposed alterations, additions or improvements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant’s sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, but not limited toif required by Landlord, Landlord’s contractors) as Landlord may require in its reasonable discretion. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including without limitation asbestos-containing construction materials into the ADA)Premises. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and all recorded matters furniture) shall become the property of Landlord and rules and regulations shall be surrendered with the Premises at the end of the Industrial Center. In additionTerm, except that Landlord may, by notice to Tenant, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all work with respect or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s request and to repair any Alterations must be done damage to the Premises arising from that removal. Except as otherwise provided in a good and workmanlike manner. Landlord’s approval of this Lease or in any plansExhibit to this Lease, specifications should Landlord make any alteration or working drawings improvement to the Premises for Tenant’s Alterations , Landlord shall not create nor impose any responsibility or liability on the part of Landlord be entitled to reimbursement from Tenant for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, all costs incurred within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free written demand from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 2 contracts
Sources: Industrial Lease (Cryocor Inc), Industrial Lease (Cryocor Inc)
Alterations. Tenant shall not install make any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises Premises, or the Property without the Landlord's prior written consent unless such alterations are non-structural and have a total aggregate cost of less than $3,000.00 per occurrence. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars Landlord may, within thirty ($25,000.0030) and which do not affect the Building systems days before or the structural integrity or structural components thirty (30) days after expiration of the Premises Term, elect to require Tenant to remove some or all of the Buildingalterations which Tenant may have made to the Premises, unless Landlord has previously agreed in writing that any one or more particular such improvements need not be removed at the end of the Term. In all eventsIf Landlord so elects, Tenant shall deliver at least ten its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (1030) days prior after notice of its election is given, whichever is later. Should Landlord consent in writing to LandlordTenant's alteration of the Premises, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain contract with a contractor approved by Landlord for the construction of such alterations, shall secure all permits or other appropriate governmental approvals prior to commencing any of and permits, and shall complete such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense alterations with due diligence in accordance compliance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord all costs for such construction and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises free and the property on clear of all mechanics' liens which the Premises are situated free may result from any liens arising out of any work performed, materials furnished or obligations incurred construction by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 2 contracts
Sources: Standard NNN Lease (Infoseek Corp), Standard NNN Lease (Infoseek Corp)
Alterations. Tenant shall not install any signsSupplementing the terms and conditions of Article 3 and the Rules and Regulations, fixturesas the same may be amended:
(A) TENANT, improvementsat its sole cost and expense, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of any alterations, improvements or other governmental approvals prior work (including demolition) undertaken by TENANT in and to commencing any of such work the demised premises (“TENANT Changes”) and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlordfor final approval thereof upon completion (including all necessary sign-offs), and shall cause TENANT Changes to be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) performed in compliance therewith and with all applicable Laws laws and requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the building. All contractors, subcontractors and others engaged in TENANT Changes (including, but not limited to, those performing electrical and plumbing work) shall be subject to the ADA)approval of OWNER, which approval shall not be unreasonably withheld, provided that the same are not likely to cause any labor disharmony. Notwithstanding the foregoing, TENANT shall be obligated, at its cost and expense, to employ OWNER’s supervising engineer and designated contractors for any alterations and improvements or other work which involves or relates to the building’s electrical system and/or fixtures, or the ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Life and Safety Code, including, but not limited to, the building’s Class E system and sprinkler system; without limiting the foregoing, in the event that TENANT performs any future alterations, TENANT, at its cost and expense, agrees to install all necessary exit lighting, strobe lights and smoke detector equipment as required in connection with such future alterations under the above stated code(s) and other applicable laws and regulations. Prior to commencing any TENANT Changes, TENANT shall first give to OWNER written notice thereof which shall include four (4) copies of the plans and specifications for the proposed TENANT Changes prepared by TENANT’s architect and/or engineer, as the case may be (including, without limitation, layout, architectural, mechanical and structural drawings, to the extent applicable) in CADD format that contain sufficient detail for OWNER and OWNER’s consultants to reasonably assess the proposed TENANT Changes, and, upon completion of TENANT Changes, shall furnish OWNER with “as-built” plans prepared by TENANT’s architect showing the entire demised premises and any permitted TENANT Changes outside thereof. OWNER agrees not to unreasonably withhold its consent to any TENANT Changes which are interior and non-structural, and all recorded matters and rules and regulations do not affect any of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlordbuilding’s approval of any plans, specifications systems or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiencyoperations, or compliance any of the windows, or areas visible from the public portions of the demised premises OWNER agrees that TENANT may perform painting of walls without OWNER’s consent, on at least seven (7) days prior notice to Owner, but TENANT acknowledges that any floor treatment or covering (including, but not limited to, staining, tiling and/or carpeting (but not area rugs)) shall require OWNER’s prior written consent.
(B) In no event shall TENANT commence any TENANT changes before OWNER has approved the same, OWNER has received true copies of the applicable governmental permits and approvals issued in connection therewith, as well as the insurance in form and content as required by this Lease, and TENANT has paid any out-of-pocket fees, costs and expenses incurred by OWNER to date in connection with any laws, ordinances, rules and regulations of governmental agencies or authoritiessaid TENANT Changes. In performing the work of any such Alterations, Tenant All TENANT Changes shall have the work be performed in such a manner as not to obstruct access unreasonably interfere with and not to impose any direct or indirect additional expenses upon OWNER in the maintenance or operation of the building. Throughout the performance of TENANT Changes, TENANT, at its cost and expense, shall carry, or cause to be carried, workmen’s compensation insurance in statutory limits and general liability insurance for any occurrence in or about the building, in which OWNER and its agents (and any other parties required by OWNER) shall be named as parties insured, in such limits as OWNER may reasonably prescribe, with insurers reasonably satisfactory to OWNER. TENANT shall furnish OWNER, on request, with satisfactory evidence that such insurance is in effect at or before the commencement of TENANT Changes and, at reasonable intervals thereafter during the continuance of TENANT’S Changes. If any of TENANT Changes shall involve the removal of any fixtures, equipment or other property in the demised premises which are not TENANT’S moveable office furniture and trade fixtures, such fixtures, equipment or other property shall be promptly replaced, at TENANT’S cost and expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless OWNER shall otherwise expressly consent in writing and TENANT shall, upon OWNER’S request, deliver, at TENANT’S cost and expense, any such fixtures, equipment or property so removed to OWNER or to such locations in New York City as OWNER shall direct. Except as otherwise expressly provided herein, the provisions of Article 3 shall apply to any of TENANT Changes made hereunder. In the event of any such installations or alterations whether made pursuant to Article 3 or otherwise, TENANT acknowledges that OWNER does not consent and TENANT shall not allow the reservation of any title to or a security interest in such goods.
(C) TENANT agrees that it shall not exercise any of its rights pursuant to the Industrial Centerprovisions of this Article in any manner which could result in or threaten any work stoppage, picketing, labor disruption or dispute or violate OWNER’S union contracts affecting the land and/or building, or the Common Areas for any other tenant of the Industrial Center, and as not lead to obstruct interference with the business of Landlord OWNER or any lessee or occupant of the building, and a violation hereof shall be deemed a material default under this Lease; provided that no default shall be deemed to exist if TENANT utilizes contractors selected by OWNER. In the event of the occurrence of any condition described above arising from the exercise by TENANT of its rights pursuant to the provisions of this Article, TENANT shall, immediately upon notice from OWNER, cease the manner of exercise of such rights giving rise to such conditions. In the event TENANT fails to cease such manner of exercise of its rights as aforesaid, OWNER, in addition to any rights available to it under this Lease and pursuant to law, shall have the right to injunction upon notice to the office of TENANT’S attorney, which notice, notwithstanding anything to the contrary contained elsewhere herein, shall be effective and deemed given when hand delivered, or delivered by facsimile or email transmission, to the offices of TENANT’S attorneys.
(D) TENANT, at its cost and expense, and with due diligence and dispatch, shall, within fifteen (15) business days after issuance, procure the cancellation or discharge of record of each and all notices of violation arising from or otherwise connected with TENANT Changes or TENANT’S operations which shall be issued by the Department of Buildings or any other tenants public or quasi-public authority having or asserting jurisdiction. TENANT shall defend, indemnify and save harmless OWNER and its agents from and against any and all mechanic’s and other liens filed in connection with TENANT Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the demised premises and against all costs, expenses and liabilities incurred in connection with any such lien, security deposit, conditional sale or chattel mortgage or any action or proceeding brought thereon. Notwithstanding anything to the contrary contained in Article 3, TENANT, at its cost and expense, shall likewise procure the satisfaction or discharge of record of all mechanic liens by bonding or otherwise within fifteen (15) business days after the filing of any such lien. Notice is hereby given that TENANT has no power, authority or right to do any act or make any contract which may create or be the foundation for any lien upon the fee or leasehold estate of the OWNER in the Industrial Centerdemised premises or upon the land or building of which they are a part or the improvements now or hereafter erected upon the demised premises or the land or the building of which they are a part. If TENANT shall fail to procure the satisfaction or discharge of all liens as hereinabove provided, OWNER may, without having to contest the validity or interfere amount of any such lien, pay (and/or utilize the TENANT’s security deposit to pay) the amount of such lien or discharge the same by deposit or by bond or in any manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid, together with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached heretoany fee, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual costs and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord the OWNER, (including all reasonable attorney’s fees and disbursements incurred in connection with Tenant’s Alterationsand the defense of any such action, plus Tenant shall pay to Landlord a fee equal to one percent (1%bonding or other proceeding) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured payable by Tenant TENANT as additional rent hereunder. TENANT’S failure to repay OWNER within fifteen (15) days of written demand therefor shall constitute an Event of Default under this Lease.
(E) All alterations, additions or improvements to the demised premises, including those installed by and at the cost and expense of TENANT, in accordance with the terms of Articles 3 and 48 hereof, shall become the property of the OWNER and remain upon the expiration or sooner termination of this Lease immediately upon completion thereof. Lease, except that all furnishings, business equipment (including but not limited to audio visual and information technology equipment) unattached trade fixtures and other moveable personal property items shall belong to TENANT and may be removed by TENANT at the expiration or earlier termination of this Lease, provided that any damage to any area in which any of the same were located, whether such damage was caused by attachment or any other method of installation, shall be repaired and restored to match the surrounding areas.
(F) Whenever TENANT requests OWNER’s consent or approval to TENANT CHANGES or to any other matter or thing requiring OWNER’s consent or approval, then OWNER, as a condition precedent to considering such request, may require (in addition to any other requirements of OWNER in connection therewith) that TENANT pay the reasonable fee of OWNER’s attorneys, architect and/or engineer in connection with the consideration of such request, the preparation of any documents pertaining thereto, and/or the monitoring of said CHANGES.
(G) Notwithstanding anything to the contrary in Article 3, Tenant shall keep not be required to remove such alteration at or prior to the Premises expiration of the term of this Lease, except, at Landlord’s option, “Specialty Alterations” (as hereinafter defined) which Landlord may require to be removed (and any damaged areas affected by such removal repaired) by Tenant at Tenant’s sole cost and expense at the property on which expiration or sooner termination of this Lease. As used herein, “Specialty Alterations” shall be any alterations not customarily undertaken in the Premises are situated free from any liens arising out typical construction of office space and require incremental increases in demolition costs for the removal thereof, but shall specifically include but not be limited to the following: (a) beam cuts, slab penetrations and floor openings, (b) raised, reinforced, or special flooring, and (c) data centers, and vaults. Landlord shall advise Tenant as to whether it will require removal of any work performedSpecialty Alteration prior to the installation thereof provided Tenant sends notice to Landlord of the intended Specialty Alteration and plans and specifications therefor, materials furnished or obligations incurred by or which notice includes the following specific language in bold capital letters on behalf the face page of Tenant’s notice: “WE HEREBY REQUEST THAT YOU ADVISE US AT THIS TIME WHETHER YOU DEEM THE PROPOSED ALTERATION TO BE A “SPECIALTY ALTERATION,” AND, IF SO, WHETHER YOU REQUIRE THAT THE SAME BE REMOVED AND THE PREMISES RESTORED TO THE CONDITION EXISTING PRIOR TO SAID SPECIALTY ALTERATION AT THE EXPIRATION OR SOONER TERMINATION OF THE LEASE FAILURE TO NOTIFY TENANT WITHIN TEN (10) DAYS THAT REMOVAL AND RESTORATION IS REQUIRED WILL CONSTITUTE LANDLORD’S AGREEMENT THAT SUCH ALTERATION MAY REMAIN UPON EXPIRATION OF THE LEASE.” In the event Tenant strictly complies with the foregoing and Landlord does not state in its response to Tenant’s request that Landlord deems the alteration to be a Specialty Alterations and requires its removal, Tenant shall not be required to remove said alteration at the expiration of this Lease. Tenant shallNotwithstanding anything to the contrary contained elsewhere in this Lease, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably Specialty Alterations required by Landlord, and Tenant Landlord to be removed shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment be removed within the last thirty (30) days of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensterm. No portion of OWNER’S Work shall be considered a specialty alteration.
Appears in 2 contracts
Sources: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)
Alterations. Tenant TENANT shall not install make any signsalterations, fixturesadditions or improvements to the Demised Premises (whether or not the same may be structural in nature) without LANDLORD’S prior written consent. All alterations, improvementsadditions, nor make or permit improvements made to the Demised Premises, except movable furniture and equipment installed at TENANT’S expense, shall be the property of the LANDLORD and remain upon and be surrendered with the Demised Premises at the expiration of the term of this Lease; provided, however, that LANDLORD may require TENANT to remove any other alterations or additions (individually, an “Alteration”made at TENANT’S request to the Demised Premises and to repair any damage caused by such removal, and collectivelyprovide further, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) if TENANT has not removed its property and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, equipment within ten (10) days after demandthe expiration or termination of this Lease, LANDLORD may elect to retain the same as abandoned property. In the event TENANT shall request LANDLORD’S permission, and LANDLORD shall permit TENANT to perform any alterations, additions, improvements or repairs to the Demised Premises, TENANT shall (i) submit its plans and specifications to LANDLORD for actual and reasonable legalits approval prior to the commencement of any construction, engineering(ii) obtain all necessary permits prior to the commencement of any construction, architectural(iii) only use contractors approved by LANDLORD, planning and other expenses incurred (iv) not permit any construction liens to be placed or remain on the Demised Premises. In the event a construction lien shall be filed against the Demised Premises as a result of work undertaken by Landlord in connection with Tenant’s AlterationsTENANT, plus Tenant TENANT shall pay to Landlord a fee equal to one percent within ten (1%10) days of receiving notice of such lien, discharge the lien of record either by payment of the total cost of indebtedness to the Alterationslien claimant or by filing a bond as security therefore. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred made by or on behalf of TenantTENANT shall be performed in such manner as LANDLORD may designate and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the same. Tenant shallAll such work by TENANT or its contractors shall not interfere with, prior to construction of impede or delay any and all Alterationswork by LANDLORD or its contractors, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required tenants or TENANT’S contractors. All contractors engaged by LandlordTENANT shall be bondable, licensed contractors, possessing good labor relations, and Tenant shall provide such assurances to Landlord, including without limitation, waivers capable of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensperforming quality workmanship.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Alterations. Tenant shall not install any signsmake no alterations, fixturesinstallations, improvements, nor make or permit any other alterations changes or additions in or to the Premises or the Project (individually, an “Alteration”, and collectively, the “Alterations”) without Landlord’s prior written consent. Without limitation as to other grounds for Landlord withholding its consent to any proposed Alteration, Landlord may withhold its consent to a proposed Alteration if Landlord determines that such Alteration is not compatible with any existing or planned future certification of the Project under the LEED rating system (or other applicable certification standard). Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord’s construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises without by or at the prior written consent request of LandlordTenant in connection with any Alterations. Tenant shall be entitled to install, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars as an initial Tenant Improvement or as an Alteration, dedicated heating, ventilation and air conditioning units ($25,000.00“Supplemental Units”) and which do not affect the Building systems or the structural integrity or structural components of within the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with expense. The plans and specifications which have been previously submitted to for any Supplemental Units shall, as indicated in this Article 9 above and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor the Tenant Work Letter (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADAas applicable), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect be subject to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on reasonable approval. If Tenant elects to install Supplemental Units within the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such AlterationsPremises, Tenant shall have be responsible for the work performed in cost of electricity supplied to such a manner as not to obstruct access units pursuant to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants procedure described in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10Section 11(a) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofbelow. Tenant shall keep be solely responsible for maintenance and repair of the Supplemental Units and such units shall be considered to be a fixture within the Premises and the property on which shall remain upon the Premises are situated free from any liens arising out of any work performed, materials furnished upon the expiration or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment earlier termination of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensLease Term.
Appears in 2 contracts
Sources: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)
Alterations. Tenant shall not install any signsmake alterations, fixtures, improvements, nor make additions or permit any improvements to the Premises or other alterations or additions portions of the Property after the Commencement Date which are not part of the initial Tenant’s Work provided for herein (individually, an “Alteration”, and collectively, the collectively referred to as “Alterations”) to without first obtaining the Premises without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. If Landlord does not respond to Tenant’s request for consent within ten (10) business days, Landlord shall be deemed to have granted its consent. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars wallpapering, hanging pictures and Installing carpeting; ($25,000.002) and which do is not affect visible from the Building systems or the structural integrity or structural components exterior of the Premises or Property; (3) will not affect the Buildingsystems or structure of the Property; and (4) does not require work to be performed inside the walls or above the ceiling of the Premises (other than installation of telephone, computer, data transmission, internet and other telecommunications cables and wires). In However, even though consent is not required, the performance of Cosmetic Alterations shall be subject to all eventsthe other provisions of this Section 9.3. Prior to starting work, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable furnish Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted reasonably acceptable to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor : names of contractors reasonably acceptable to Landlord (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work provided that Landlord may designate specific contractors with respect to any Property systems); necessary permits and approvals; and evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord. Material changes to the plans and specifications must also be submitted to Landlord for its approval, which approval shall not be unreasonably withheld or delayed. Alterations must shall be done constructed in a good and workmanlike mannermanner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Premises. Landlord may designate reasonable rules, regulations and procedures for the performance of work, in the Premises and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when Alterations may be performed. Tenant shall reimburse Landlord within thirty (30) days after receipt of an invoice for reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations, provided that no such reimbursement shall be due with respect to Tenant’s initial Alterations in the Premises. Upon completion, Tenant shall furnish “as-built” plans (except for Cosmetic Alterations), completion affidavits, full and final waivers of lien and receipted bills covering all labor and materials. Tenant shall assure that the Alterations comply with all insurance requirements and Laws. Landlord’s approval of any plans, specifications an Alteration shall not be a representation by Landlord that the Alteration complies with applicable Laws or working drawings will be adequate for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completenessuse. CONOCO ▇▇▇▇▇▇▇▇, design sufficiency1144 EASTLAKE LEASE PAGE 7 SEPTEMBER 12, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.2003
Appears in 2 contracts
Sources: Sublease Agreement, Landlord's Consent to Sublease (Zymogenetics Inc)
Alterations. Tenant shall not install make nor permit to be made any signsalterations, fixturesadditions, improvements, nor make or permit any other alterations installations to or additions (individually, an “Alteration”, and collectively, the “Alterations”) to of the Premises or any part thereof, except moveable furniture and trade fixtures, without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which consent shall not be unreasonably withheld. Notwithstanding anything contained herein to the contrary, Tenant shall have the right to make any alterations to the Premises, without Landlord's consent, which do not affect exceed $10,000.00 in cost, do not Impact the Building Building's systems or structure, are not visible from the structural integrity or structural components exterior of the Premises Premises, and are of a cosmetic nature such as painting, wallpapering, hanging pictures, or the Buildinginstallation of furniture. Any alterations, additions, improvements, or installations to or of the Premises, except moveable furniture and trade fixtures, shall be completed in compliance with all laws and ordinances, including, without limitation, the ADA, and all rules and regulations of all governmental authorities having jurisdiction of or over the Premises. All such alterations, additions, improvements and installations shall at once become a part of the realty and belong to Landlord. In the event Landlord consents to alterations, additions, improvements, or installations pursuant to this Article, the same shall be made by Tenant at Tenant's sole cost and expense, and selection by Tenant of any person or entity to construct or install the same shall be subject to the prior written consent of Landlord, which consent may be conditioned upon (1) Tenant providing Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of all eventsof such alterations, additions, improvements or Installations and (2) acquisition by Tenant shall deliver of all permits needed to authorize such alterations, additions, improvements or installations from the appropriate governmental agencies, furnishing a copy thereof to Landlord at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any commencement of such work and deliver complying with all of the conditions of such permits in a copy of same to Landlordprompt manner. All Alterations It shall be a material breach hereof for Tenant to make any alterations, additions, improvements or installations without the prior consent of Landlord, and in addition to any other remedies Landlord may have, Landlord may require that Tenant remove any or all of the same within thirty (30) days of receipt by Tenant of a notice demanding such removal. Upon the expiration or sooner termination of the Term hereof and upon demand by Landlord, Tenant, at Tenant’s 's sole cost and expense in accordance with plans expense, shall forthwith and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (includingdue diligence remove any such alterations, but not limited toadditions, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiencyimprovements, or compliance with installations designated by Landlord to be removed and repair any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access damage to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred Premises caused by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensremoval.
Appears in 2 contracts
Sources: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)
Alterations. Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to any alterations, additions or improvements to the Premises which cost less than Twenty Five Thousand Dollars One Dollar ($25,000.001.00) and which do not affect per square foot of the Building systems or the structural integrity or structural components improved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. In Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all eventswork be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, Tenant shall deliver at least ten (10) days prior notice to Landlordtime, from and contractor for performance of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and work. Tenant shall obtain all required permits or other governmental approvals prior to commencing any of such for the work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) perform the work in compliance with all applicable Laws laws, regulations and ordinances, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations (hereafter defined). If any governmental entity requires, as a condition to any proposed alterations, additions or improvements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably if required by Landlord, and Landlord's contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant shall provide such assurances to Landlordmake any improvement which incorporates any Hazardous Materials, including without limitationlimitation asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, waivers all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of lienLandlord and shall be surrendered with the Premises at the end of the Term, surety company performance bonds except that Landlord may, by notice to Tenant, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall require be entitled to assure payment of the prompt reimbursement from Tenant for all costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensincurred.
Appears in 2 contracts
Sources: Industrial Lease (Dental Medical Diagnostic Systems Inc), Industrial Lease (Phoenix Technologies LTD)
Alterations. Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises (including, without limitation, roof and wall penetrations) or any part thereof without obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord may impose as a condition to such consent such requirements as Landlord may reasonably deem necessary, including, without limitation that: (a) Landlord be furnished with working drawings before work commences; (b) performance and labor and material payment bonds in form and amount and issued by a company satisfactory to Landlord be furnished; (c) Landlord approve the contractor by whom the work is to be performed; (d) adequate course of construction and general liability insurance be in place and Landlord be named as an additional insured under the contractor's liability and property insurance policies; and (e) Landlord's instructions relating to the manner in which the work is to be performed and the times during which it is to be accomplished shall be complied with. Tenant shall pay to Landlord all costs incurred by Landlord for any architectural, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems engineering, supervisory or the structural integrity legal services in connection with any alterations, additions or structural components improvements, including, without limitation, Landlord's review of the Premises plans, specifications and budget for purposes of determining whether to consent. All such alterations, additions or improvements must be performed in a good and workmanlike manner in compliance with all laws, rules and regulations, including, without limitation, the BuildingAmericans with Disabilities Act of 1990, and diligently prosecuted to completion. In all events, Tenant shall deliver to Landlord upon commencement of such work, a copy of the building permit with respect thereto, and a certificate of occupancy or other final inspection and approval from the applicable governmental authority having jurisdiction over the Premises and the Project, if applicable, immediately upon completion of the work. All such work shall be performed so as not to obstruct the access to the premises of any other tenant in the Building or Project. Should Tenant make any alterations, additions or improvements without Landlord's prior written consent, or without satisfaction of any of the conditions established by Landlord in conjunction with granting such consent, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove all or some of the alterations, additions or improvements at Tenant's sole cost and restore the Premises to the same condition as existed prior to undertaking the alterations, additions or improvements, or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be performed at Tenant's expense and the cost thereof shall be Additional Rent to be paid by Tenant immediately upon demand. Landlord shall have the right to require Tenant, at Tenant's expense, to remove any and all alterations, additions or improvements and to restore the Premises to its prior condition upon the expiration or sooner termination of this Lease. Tenant shall notify Landlord in writing at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work commencement of any such Alterationswork in or about the Premises, Tenant and Landlord shall have the work performed right at any time and from time to time to post and maintain notices of non-responsibility in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep about the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenantpursuant to applicable laws. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens8.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement, Standard Industrial Lease Agreement (Intest Corp)
Alterations. Tenant shall not install any signsmake no alterations, fixturesdecorations, improvements, nor make additions or permit any other alterations improvements in or additions (individually, an “Alteration”to Demised Premises without Landlord's prior written consent, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) then only by contractors or mechanics approved in advance in writing by Landlord and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Buildingonly upon such conditions as Landlord may impose. In all events, Tenant shall deliver at least ten submit such information as Landlord shall require, including, without Limitation (10i) days prior notice to Landlordplans and specifications, 00 evidence of insurance coverage in such types and amounts and from the date Tenant intends to commence constructionsuch insurers as Landlord deems satisfactory, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain (M) all permits or other governmental approvals prior to commencing any of and Licenses required in connection with such work. ALL such work and deliver a copy of same to Landlord. All Alterations shall be done at Tenant’s 's sole cost and expense at such times and in accordance with plans and specifications which have been previously submitted such manner as Landlord may from time to and approved in writing time designate. ALL work done by Landlord, and Tenant shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) performed in full compliance with all applicable Laws (includingLaws, but not limited torules, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any lawsorders, ordinances, rules directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations and requirements of governmental agencies or authorities. In performing the work Insurance Services Office and of any such Alterationssimilar body. Before commencing any work, Tenant shall (a) give Landlord at Least fifteen (15) days' written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be permitted by Law to protect Landlord from having its interest in Demised Premises or the Building made subject to a mechanic's Lien, and (b) shall secure, at Tenant's own cost and expense, a completion and Lien indemnity bond, satisfactory to Landlord, for said work. Any mechanic's Lien filed against Demised Premises or against the Building or the Land upon which the Building is Located or any of the areas used in connection with the operation of the Building for work claimed to have the work performed in such a manner as not to obstruct access to the Industrial Centerbeen done for, or the Common Areas for any other tenant of the Industrial Centermaterials claimed to have been furnished to Tenant, and as not to obstruct the business of Landlord shall be discharged by Tenant, by bond or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlordotherwise, within ten (10) days after demandthe filing thereof, for actual at the cost and reasonable legalexpense of Tenant. All alterations, engineeringdecorations, architecturaladditions, planning or improvements upon Demised Premises, made by either party, including without Limiting the generality of the foregoing, all paneling, partitions, railings, mezzanine floors, galleries and the like, shall, unless Landlord elects otherwise [which election shall be made by giving a notice pursuant to the provisions of Article 27 not less than three (3) days prior to the expiration or other expenses incurred by Landlord in connection termination of this Lease or any renewal or extension thereof], become the property of Landlord, and shall remain upon, and be surrendered with Tenant’s AlterationsDemised Premises, plus as a part thereof, at the end of the Term. If Tenant shall remove any property from Demised Premises, Tenant shall repair or, at Landlord's option, shall pay to Landlord a fee equal the cost of repairing any damage arising from such removal. Tenant shall not install any machine or equipment which causes noise, heat, cold or vibration to one percent (1%) be transmitted to the structure of the total cost of the Alterations. If Tenant makes any Alterationsbuilding without Landlord's prior written consent, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and which consent may be conditioned on such other insurance terms as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 2 contracts
Sources: Lease Agreement (Homelife Inc), Lease Agreement (Homelife Inc)
Alterations. Tenant (a) Brillian shall not install make any signsbuilding or leasehold alterations or additions, fixturesincluding remodeling or signage, improvementswithout first obtaining Master Landlord's and TFS's consent, nor make or permit which TFS's and Master Landlord's consent may be withheld in their sole discretion. If any other such alterations or additions (individuallyare made, an “Alteration”Brillian agrees not to permit any mechanics' liens to be placed on the Sublet Premises or any portion thereof and to cause any contract for work to be done at the Sublet Premises to contain a waiver of the contractor's right to file a mechanics' lien. Any alterations of any kind to the Sublet Premises or any part thereof, except Brillian's trade fixtures which can be removed without damage or defacement to the Sublet Premises or any other portion of the Building, shall be surrendered with the Sublet Premises, as a part thereof, at the end of the Sublease Term; provided, however, that TFS may require at the time TFS and Master Landlord consent to such alteration or fixture Brillian to remove any alterations or fixtures made by Brillian, and collectively, the “Alterations”) to repair any damage to the Sublet Premises without the prior written consent of Landlordcaused by such removal, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components all at Brillian's sole expense. Any alterations installed by Brillian shall be deemed a part of the Sublet Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed maintained and repaired by Brillian in the same manner as that required for all other portions of the Sublet Premises.
(b) Brillian shall have the right to place a licensedsign or signs on the facade of the Building, insuredprovided, however: (i) TFS (and the Master Landlord to the extent that such consent from the Master Landlord is required under the Master Lease) shall have the right to consent to the size, style, and bonded contractor location of any such signs, which consent shall not be unreasonably withheld or delayed; (reasonably approved by Landlordii) in compliance any such signs shall comply with all applicable Laws (includinglaws, but not limited torules, the ADA)regulations, and all recorded matters covenants, conditions, and rules restrictions of record; and regulations (iii) TFS may require that Brillian remove any such signs at the expiration of the Industrial Center. In additionTerm and repair any damage to the Building caused by such removal, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensat Brillian's sole expense.
Appears in 2 contracts
Sources: Real Property Sublease Agreement (Brillian Corp), Real Property Sublease Agreement (Brillian Corp)
Alterations. Tenant shall not install any signsmay, fixturesfrom time to time, improvementsat its expense, nor make or permit any other alterations or additions improvements in and to the Premises (individually, an “Alteration”, and collectively, the hereinafter collectively referred to as “Alterations”) to ), provided that Tenant first obtains the Premises without the prior written consent of Landlord, except for which consent shall not be unreasonably withheld or delayed. All of the following shall apply with respect to all Alterations: (a) the Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) are non-structural and which do not affect the Building systems or the structural integrity or structural components of the Premises or Property shall not be affected; (b) the BuildingAlterations are to the interior of the Premises; (c) subject to the modifications approved by Landlord in writing to the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”) which are part of the Tenant Improvements, the proper functioning of the HVAC, sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; and (e) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. In all eventsAdditionally, before proceeding with any Alterations, Tenant shall deliver (i) at least ten Tenant’s reasonable expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (10ii) days prior notice if Landlord’s consent is required for the planned Alteration, submit to Landlord, from for its written approval, working drawings, plans and specifications and all permits for the date Tenant intends work to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility be done and Tenant shall obtain all permits not proceed with such Alterations until it has received Landlord’s approval (if required), which approval shall not be unreasonably withheld or other governmental approvals prior delayed; and (iii) cause those contractors, materialmen and suppliers engaged to commencing any perform the Alterations to deliver to Landlord certificates of such work and deliver insurance (in a copy of same form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2 above) and workers’ compensation insurance. All Such insurance policies shall satisfy the obligations imposed under Section 10.2. Tenant shall cause the Alterations shall to be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) performed in compliance with all applicable permits, Laws (including, but not limited to, the ADA)and requirements of public authorities, and all recorded matters and with Landlord’s reasonable, non-discriminatory rules and regulations of or any other reasonable restrictions that Landlord may impose on the Industrial CenterAlterations. In addition, all work with respect Tenant shall cause the Alterations to any Alterations must be done he diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the standards for the Property reasonably established by Landlord. Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s approval consent to any Alterations is required, and Landlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such Alterations at the expiration or termination of any plansthis Lease. If Landlord requires Tenant to remove the Alterations, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on then, during the part remainder of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such AlterationsTerm, Tenant shall have be responsible for the work performed in such a manner as maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not to obstruct access to require that Tenant remove the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises constitute Landlord’s Property and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require be responsible for the insurance thereof, pursuant to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensSection 10.1.
Appears in 2 contracts
Sources: Industrial Building Lease (Insys Therapeutics, Inc.), Industrial Building Lease (Insys Therapeutics, Inc.)
Alterations. Tenant shall not install make any signs, fixturesalterations, improvements, nor make additions, installations, or permit changes of any other alterations nature in or additions to the Premises (individuallyany of the preceding, an “Alteration”, and collectively, the “Alterations”) to unless (i) Tenant first obtains Landlord’s written consent, provided, however, that minor, interior cosmetic alterations such as painting, wall papering, carpeting or hanging pictures or moving furniture and temporary partitions or cubicldes (the aggregate cost of which will not exceed $50,000.00, and which alteration will not be visible from outside the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not or affect the Building systems or the structural integrity or any structural components of the Premises or Project) does not require Landlord’s approval so long as Tenant notifies Landlord in writing of the Building. In all events, Tenant shall deliver nature and extent of such alteration at least ten 15 business days before commencing such alteration); (10ii) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain complies with all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall conditions which may be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing imposed by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, including but not limited to, to Landlord’s selection of specific contractors or construction techniques and the ADA), and all recorded matters and rules and regulations requirements of the Industrial Center. In addition, all work with respect attached Exhibit “C”; and (iii) Tenant pays to any Alterations must be done in a good Landlord the reasonable costs and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part expenses of Landlord for their completenessarchitectural, design sufficiencyengineering, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days prior to making any Alterations, Tenant shall have the work performed in such a manner as not submit to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demandin written form, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all proposed detailed plans of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of TenantAlterations. Tenant shall, prior to construction the commencement of any and all Alterations, cause at Tenant’s sole cost, (i) acquire (and deliver to Landlord a copy of) any required permit from the appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) provide Landlord with ten days’ prior written notice of the date the installation of the Alterations is to commence, so that Landlord can post and record an appropriate notice of non-responsibility, and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain on an occurrence basis in force until completion of the Alterations). All Alterations shall upon installation become the property of Landlord and shall remain on and be surrendered with the Premises on the Expiration Date, except that Landlord may, at its contractor(selection, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing on or about the Expiration Date, in which event, Tenant shall, at its sole cost, on or before the Expiration Date or within five days of Landlord’s request, if after the Expiration Date, repair and restore the Premises to the condition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics’ and materialmen’s liens resulting from or relating to any Alterations or other construction. Tenant may, at its election, contest the correctness or validity of any such lien provided that (a) and/or major subcontractor(s) to provide insurance as reasonably required immediately on demand by Landlord, Tenant procures and Tenant shall provide such assurances records a lien release bond, issued by a corporation satisfactory to LandlordLandlord and authorized to issue surety bonds in California, including without limitation, waivers in an amount equal to 150 percent of the amount of the claim of lien, surety company performance bonds as which bond meets the requirements of California Civil Code Section 3143 or any successor statute, and (b) Landlord shall may, at its election, require Tenant to assure payment of the pay Landlord’s attorneys’ fees and costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensincurred in participating in such an action.
Appears in 2 contracts
Sources: Modified Gross Office Lease, Modified Gross Office Lease (Bakbone Software Inc)
Alterations. (a) Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations improvements in or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, and then only by contractors or mechanics reasonably approved by Landlord, which approval shall not be unreasonably delayed. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) rules, orders, ordinances, regulations and which do not affect requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the Building systems or the structural integrity or structural components rules, regulations and requirements of the Premises or the BuildingPacific Fire Rating Bureau, and of any similar body. In all eventsBefore commencing any work, Tenant shall deliver give Landlord at least ten (10) days prior written notice to Landlord, from of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any proposed commencement of such work and deliver a copy shall, if reasonably required by Landlord based upon the reputation and financial capability of same the contractor and the nature of the work to be performed (including Landlord. All Alterations shall be 's particular reasons therefor), secure at Tenant’s sole 's own post and expense, a completion and lien indemnity bond reasonably satisfactory to Landlord for said work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials' claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within twenty (20) days after the filing thereof, at the cost and expense of Tenant, except that Tenant shall not be obligated to so discharge such lien prior to ten (10) days following Tenant's receipt of notice of the existence thereof. As long as Tenant properly discharges the lien by bond or otherwise, as provided above, Tenant shall have the right to contest such lien in accordance with plans applicable law. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and specifications which have been previously submitted to and approved in writing by the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Term hereof, except that Landlord may, by written notice to Tenant at the time Landlord consents to such alteration, or within twenty (20) days after receipt of notice thereof, if no consent is required, require Tenant to remove at the end of the Term, all partitions, counters, railings and the like installed by a licensed, insuredTenant, and bonded contractor Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. Notwithstanding any contrary provision of this Subparagraph 14(a), Landlord's prior consent shall not be required for any nonstructural alteration to the Premises, the cost of which does not exceed Thirty Thousand Dollars (reasonably approved by Landlord$30,000.00), as long as such alteration does not affect the structural integrity of the Building, does not adversely affect the Building systems and is not visible from the exterior of the Premises; provided, however, all other provisions of this Subparagraph 14(a) in compliance with all shall be applicable Laws (to any such alteration, including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work to Tenant's obligation to provide Landlord with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work prior written notice of any such Alterationsalteration, along with the plans and specifications related thereto, if appropriate.
(b) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Lease Term when Tenant is not in default hereunder, or within fifteen (15) days following the end of such Lease Term. If Tenant shall have fail to remove all of its effects from the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, Premises within ten fifteen (1015) days after demandtermination of this Lease for any cause whatsoever, Landlord may, at its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterationsloss thereof. If Tenant makes any AlterationsIn such event, Tenant agrees to carry “Builder’s All Risk” insurancepay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects, for any length of time that the same shall be in an amount approved by Landlord's possession. Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such other insurance price as Landlord may require, it being understood obtain and agreed that all apply the proceeds of such Alterations shall be insured by Tenant in accordance with the terms of sale upon any amounts due under this Lease immediately upon completion thereof. from Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and upon the Industrial Center from expense incident to the removal and against any loss from any mechanic’s, materialmen’s or other lienssale of said effects.
Appears in 2 contracts
Alterations. (1) Prior to making any Alterations, Tenant shall (i) submit to Landlord detailed plans and specifications for approval by the Landlord (including layout, architectural, electrical, mechanical and structural drawings) and that comply with all Requirements for each proposed Alteration, and Tenant shall not install commence any signssuch Alteration without first obtaining Landlord's approval of such plans and specifications, fixtures(ii) at Tenant's expense, improvementsobtain all permits, nor make or permit approvals and certificates required by any other alterations or additions (individually, an “Alteration”Governmental Authorities, and collectively(iii) furnish to Landlord duplicate original policies or certificates thereof for worker's compensation insurance (covering all persons to be employed by Tenant, the “Alterations”) to the Premises without the prior written consent of Landlordand Tenant's contractors and subcontractors, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00in connection with such Alteration) and which do not affect the Building systems or the structural integrity or structural components commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents and any Mortgagee, as additional insureds. Upon completion of the Premises or the Building. In all eventssuch Alteration, Tenant shall deliver Tenant, at least ten (10) days prior notice to LandlordTenant's expense, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any certificates of final approval of such work Alterations required by any Governmental Authority and deliver a copy of same to Landlordshall furnish Landlord with copies thereof, together with the "as-built" plans and specifications for such Alterations. All Alterations shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord and otherwise in accordance with all Requirements. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement.
(2) Landlord reserves the right to disapprove any plans and specifications, in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Requirements or otherwise.
(B) All Alterations shall become a part of the Premises and shall be Landlord's property from and after the installation thereof and may not be removed or changed without Landlord's prior written consent. Notwithstanding the foregoing, Landlord, upon notice given at least thirty (30) days prior to the Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any specified Alterations and to repair and restore in a good and workmanlike manner any damage to the Premises caused by such removal all at Tenant’s 's sole cost and expense expense. All Tenant's Property shall remain the property of Tenant and, on or before the Expiration Date or earlier end of the Term, may be removed from the Premises by Tenant at Tenant's sole cost and expense; provided, however, that Tenant shall repair and restore in accordance with plans a good and specifications which have been workmanlike manner any damage to the Premises caused by such removal. The provisions of this Section 6.1(B) shall survive the expiration or earlier termination of this Lease.
(1) Any and all Alterations shall be performed, at Tenant's sole cost and expense, by contractors, subcontractors or mechanics previously submitted to and approved in writing by Landlord. Prior to making an Alteration, at Tenant's request, Landlord shall furnish Tenant with a list of contractors who may perform Alterations to the Premises on behalf of Tenant.
(2) Notwithstanding the terms and conditions of Section 6.1(C)(1) hereof, with respect to any Alteration affecting any Building Systems, (i) Tenant shall only employ Landlord's designated contractor, and (ii) the Alteration shall, at Tenant's expense, be designed by Landlord's engineer.
(1) Any mechanic's lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be installed canceled or discharged by a licensedTenant, insuredat Tenant's expense, within twenty (20) days after such lien shall be filed, by payment or filing of the bond required by law, and bonded contractor Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(reasonably approved 2) If Tenant shall fail to discharge such mechanic's lien within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by Landlordpaying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanics lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) in compliance with Any amount paid by Landlord for any of the aforesaid charges and for all applicable Laws expenses of Landlord (including, but not limited to, the ADA), attorneys' fees and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done disbursements) incurred in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of defending any such Alterationsaction, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the maximum legal rate of interest then chargeable to Tenant from the date of payment, shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the be repaid by Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demandwritten demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent.
SECTION 6.2. Landlord, at Tenant's expense, and upon the request of Tenant, shall join in any applications for actual and reasonable legalany permits, engineering, architectural, planning and other expenses incurred approvals or certificates required to be obtained by Landlord Tenant in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent any permitted Alteration (1%) provided that the provisions of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, applicable Requirements shall require that Landlord join in an amount approved by Landlord such application) and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by otherwise cooperate with Tenant in accordance with the terms of this Lease immediately upon completion thereofconnection therewith; provided, however, that Landlord shall not be obligated to incur any cost or expense or liability in connection therewith.
SECTION 6.3. Tenant shall keep furnish to Landlord copies of records of all Alterations and of the cost thereof within fifteen (15) days after the completion of such Alterations.
SECTION 6.4. Tenant shall not, at any time prior to or during the Term, directly or indirectly, employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if such employment would interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide or others, or of any other property owned by Landlord. In the event of any such assurances to interference or conflict, Tenant, upon demand of Landlord, including without limitationshall cause all contractors, waivers of lien, surety company performance bonds as Landlord shall require mechanics or laborers causing such interference or conflict to assure payment of leave the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensPremises immediately.
Appears in 2 contracts
Sources: Lease Agreement (Comfort Systems Usa Inc), Lease Agreement (Comfort Systems Usa Inc)
Alterations. (a) Except as otherwise set out in Section 5.1(f), Tenant shall not install any signs, fixtures, improvements, nor make or permit to be made any other alterations or Alterations without Landlord's prior written consent. Reference is made to Exhibit "G" hereto, which contains the Tenant Design and Construction Standards applicable to the Building, which is incorporated by reference in this Lease. Landlord reserves the right to make reasonable changes and additions thereto.
(individually1) Prior to making any such Alterations, an “Tenant shall (i) submit to Landlord two (2) sets of detailed plans and specifications (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Requirements for each proposed Alteration”, and collectivelyTenant shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall not be unreasonably withheld or delayed, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the “"as built" plans and specifications for such Alterations”) . All Alterations shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord, all Requirements, Restrictive Covenants, and the Rules and Regulations. All materials and equipment to be incorporated in the Premises without as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, any such Alteration for which the prior written consent cost of labor and materials (as estimated by Landlord's architect, except for Alterations that cumulatively cost less than Twenty engineer or contractor) is in excess of Seventy-Five Thousand Dollars ($25,000.0075,000.00), either individually or in the aggregate with any other Alteration constructed in any twelve (12) month period, shall be performed only under the supervision of a licensed architect satisfactory to Landlord.
(2) Landlord reserves the right to disapprove any plans and specifications in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information; provided, however, that Landlord shall be reasonable in its exercise of these rights. Additionally, Landlord shall be deemed to have approved Tenant's plans and specifications if Landlord fails to respond to Tenant's plans and specifications within fifteen (15) days of Landlord's receipt thereof. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Requirements, Restrictive Covenants or otherwise.
(c) Alterations shall be performed at Tenant's expense and at such times and in such manner as Landlord may from time to time reasonably designate, unless, at the time of the Alterations, Tenant is the only occupant of the Building and Building No. 2, in which event, Tenant may control the times and manner (but always in accordance with all Requirements) to perform the Alterations. All Alterations shall become a part of the Building and shall be Landlord's property from and after the installation thereof and may not be removed or changed without Landlord's consent. Notwithstanding the foregoing, however, Landlord, upon notice given at least sixty (60) days prior to the Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any specified Alterations (other than those comprising part of Building Standard Condition) and which do not affect the to repair and restore in a good and workmanlike manner to Building systems or the structural integrity or structural components of Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the BuildingBuilding caused by such removal. In all eventsAll Tenant's Property shall remain the property of Tenant and, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable unless Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits agree otherwise, on or other governmental approvals prior before the Expiration Date shall, at Tenant's cost, be removed from the Premises by Tenant, and Tenant shall repair and restore in a good and workmanlike manner to commencing Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. The provisions of such work and deliver a copy this Section 5.1(c) shall survive the expiration or earlier termination of same to Landlord. this Lease.
(1) All Alterations shall be performed, at Tenant’s 's sole cost and expense expense, by contractors, subcontractors or mechanics approved by Landlord in accordance Landlord's reasonable discretion.
(2) Notwithstanding the foregoing, with plans and specifications which have been previously submitted respect to and approved in writing any Alteration affecting any Building Systems, (i) Tenant, if required by Landlord, shall employ Landlord's or the Manager's designated contractor, and (ii) the Alteration shall, if required by Landlord, at Tenant's expense, be designed by either Landlord's or the Manager's engineer.
(1) Any mechanic's lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be installed canceled or discharged by a licensedTenant, insuredat Tenant's expense, within twenty (20) days after such lien shall be filed, by payment or filing of the bond required by law, and bonded contractor Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(reasonably approved 2) If Tenant shall fail to discharge such mechanic's lien within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by Landlordpaying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) in compliance with Any amount paid by Landlord for any of the aforesaid charges and for all applicable Laws expenses of Landlord (including, but not limited to, the ADA), attorneys' fees and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done disbursements) incurred in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of defending any such Alterationsaction, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the maximum legal rate of interest then chargeable to Tenant from the date of payment, shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the be repaid by Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demandwritten demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent.
(f) Notwithstanding anything to the contrary set forth in this Article V, Tenant, without Landlord's consent, is permitted to make Alterations to the Premises which relate only to the cosmetic appearance, nonstructural components, and/or non-load-bearing portions of the Premises (and which do not affect the structural and/or load-bearing elements of the Building or the Building Systems), provided such Alterations do not cost, in the aggregate, more than Seventy-Five Thousand Dollars ($75,000.00) during any twelve (12) month period during the Term.
Section 5.2. Tenant shall reimburse Landlord, within five (5) Business Days after demand therefor, for actual and any reasonable legal, engineering, architectural, planning and other expenses out-of-pocket expense incurred by Landlord for reviewing the plans and specifications for any Alterations or inspecting the progress of completion of the same.
Section 5.3. Landlord, at Tenant's expense, and upon the request of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent any permitted Alteration (1%) provided that the provisions of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, applicable Requirements shall require that Landlord join in an amount approved by Landlord such application) and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by otherwise cooperate with Tenant in accordance with the terms of this Lease immediately upon completion thereofconnection therewith, provided that Landlord shall not be obligated to incur any cost or expense or liability in connection therewith.
Section 5.4. Tenant shall keep furnish to Landlord copies of records of all Alterations and of the Premises and cost thereof within fifteen (15) days after the property on which the Premises are situated free from any liens arising out completion of any work performedsuch Alterations.
Section 5.5. TENANT HEREBY ACCEPTS THE PREMISES "AS IS, materials furnished or obligations incurred by or on behalf of TenantWHERE IS," AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE SET FORTH IN THIS LEASE.
Section 5.6. Tenant shallshall not, at any time prior to construction or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if such employment would unreasonably interfere or cause any unreasonable conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required the Building by Landlord, Tenant or others, or of any other property owned by Landlord. In the event of any such unreasonable interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
Section 5.7. During the course of any Alteration and any construction by Landlord, whether on the Land or on any real property adjacent to the Land, Landlord and Tenant shall provide such assurances cooperate with each other, and shall cause their contractors and subcontractors to Landlordcooperate, including without limitation, waivers of lien, surety company performance bonds so as Landlord shall require to assure payment of the costs thereof to protect Landlord minimize interruption and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensinterference with each other's construction activities.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Harrahs Entertainment Inc), Lease Agreement (Harrahs Entertainment Inc)
Alterations. (a) Tenant shall not install any signsmake no Alterations, fixtures, improvements, nor make additions or permit any other alterations improvements in or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the Landlord's prior written consent and subject to such other conditions which Landlord may reasonable require. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations and facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate, and, at the option of Landlord, except for Alterations under Landlord's supervision. Tenant covenants and agrees that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and which do not affect requirements of all governmental agencies, offices, and boards having jurisdiction, and in full compliance with the Building systems or the structural integrity or structural components rules, regulations and requirements of the Premises or the BuildingNational Fire Protection Association, and of any similar body. In all eventsBefore commencing any work, Tenant shall deliver give Landlord at least ten twenty (1020) days prior written notice to Landlord, from of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any proposed commencement of such work and deliver shall, if required by Landlord, secure at Tenant's own cost and expense, a copy of same completion and lien indemnity bond, satisfactory to Landlord, for said work. All Alterations shall Tenant further covenants and agrees that any mechanic's lien recorded against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within thirty (30) days after the filing thereof, at Tenant’s sole the cost and expense of Tenant. All Alterations, additions or improvements upon the Premises made by either party, including (without limiting the general of the foregoing) all wall covering, built-in accordance with plans cabinet work, paneling and specifications which have been previously submitted to and approved in writing by the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant, require Tenant to remove all partitions, counters, railing and the like installed by a licensed, insuredTenant, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in repair all damage resulting from such a manner as not to obstruct access to the Industrial Centerremoval or, or the Common Areas for any other tenant of the Industrial Centerat Landlord's option, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord all costs arising from such removal.
(b) Unless Landlord otherwise agrees in writing, all such Alterations, additions or improvements affixed or built into the Premises (but excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises, as a fee equal to one percent (1%) part thereof, at the end of the total cost Lease term, except that Landlord may, by written notice to Tenant given at least twenty (20) days prior to the end of the Alterations. If Lease term, require Tenant makes to remove all or any Alterations, Tenant agrees decorations, additions, improvements and the like installed by Tenant, and to carry “Builder’s All Risk” insurancerepair the Premises, or at Landlord's option to pay all costs in an amount approved by relation to any damage to the Premises arising from such removal. Any fixtures, furnishing or other personal property remaining after possession of the premises is returned to Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms sole and exclusive property of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, Landlord and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the be liable for all costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensincurred for removal.
Appears in 2 contracts
Sources: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)
Alterations. Except for the improvements to be made by Tenant shall pursuant to the Work Agreement, Tenant will not install any signs, fixtures, improvements, nor make or permit anyone to make any other alterations alterations, decorations, additions, or additions (individuallyimprovements, an “Alteration”structural or otherwise, and collectivelyin or to the Demised Premises, the “Alterations”) to the Premises Building, or grounds, without the prior written consent of Landlord, except which may be withheld by Landlord in its sole discretion. All such alterations, decorations, additions, or improvements permitted by Landlord must conform to all rules, regulations, and requirements of appropriate federal, state, or local governments, and conform harmoniously with the Building’s design and interior decoration. As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanics’ liens upon the real property of which the Demised Premises are a part, for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) all work, labor and which do not affect services to be performed, and materials to be furnished by them in connection with such work, signed by all contractors, subcontractors, materialmen, and laborers to become involved in such work. If, notwithstanding the Building systems foregoing, any mechanic’s, materialmen’s or other lien is filed against the structural integrity or structural components of the Demised Premises or the Building. In all eventsreal property of which the Demised Premises are a part, for work claimed to have been done for, or materials claimed to have been furnished to Tenant, such mechanic’s, materialmen’s or other lien shall be discharged by Tenant shall deliver at least within ten (10) days prior notice to Landlordthereafter, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense expense, by the payment thereof or by filing any bond required by law. If Tenant shall fail to discharge any such mechanic’s, materialmen’s or other lien, Landlord may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in accordance with plans not discharging the same. It is understood and specifications which have been previously submitted to agreed by Landlord and approved in writing by Tenant that any such alterations, decorations, additions, or improvements shall be conducted on behalf of Tenant and not on behalf of Landlord, and that Tenant shall be installed by a licensed, insured, deemed to be the “owner” and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part “agent” of Landlord for their completenesspurposes of hiring any architects, design sufficiencyengineers, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord contractors or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord third parties in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterationssuch work. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being It is further understood and agreed that all of in the event Landlord shall give its written consent to Tenant’s making any such Alterations alterations, decorations, additions, or improvements, such written consent shall not be insured deemed to be an agreement or consent by Tenant Landlord to subject Landlord’s interest in accordance with the terms of this Lease immediately Demised Premises, the Building, or the real property upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from Building is situated, to any mechanic’s, materialmen’s or other liens arising out that may be filed in respect of any work performedsuch alterations, materials furnished decorations, additions, or obligations incurred improvements made by or on behalf of Tenant. Tenant shall, prior to construction of shall and does hereby indemnify and hold Landlord harmless from and against any and all Alterationsexpenses, cause its contractor(s) and/or major subcontractor(s) liens, claims, or damages to provide insurance as reasonably required person or property that may or might arise by reason of making any such alterations, decorations, additions, or improvements. If any alteration, decoration, addition, or improvement is made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall provide such assurances be liable for any and all expenses incurred by Landlord in the performance of this work. All alterations, decorations, additions, or improvements in or to the Demised Premises or the Building made by either party shall, at Landlord’s election, including without limitation, waivers immediately become the property of lien, surety company performance bonds Landlord and shall remain upon and be surrendered with the Demised Premises as Landlord shall require to assure payment a part thereof at the end of the costs thereof Term hereof without disturbance, molestation, or injury; provided, however, that if Tenant is not in default in the performance of any of its obligations under this Lease, then Tenant shall have the right to protect remove, prior to the expiration or termination of the Term of this Lease, all movable furniture, furnishings, or equipment installed in the Demised Premises at the expense of Tenant. Should Landlord elect that any alterations, decorations, additions, or improvements installed by Tenant be removed upon the expiration or termination of this Lease, Tenant shall remove the same at Tenant’s sole cost and expense and if Tenant fails to remove the Industrial Center from same, then Landlord may remove the same at Tenant’s expense, and against Tenant shall reimburse Landlord for the reasonable, out-of-pocket cost of such removal together with any loss from any mechanic’s, materialmen’s or other liensand all damages that Landlord may sustain by reason of such default by Tenant.
Appears in 2 contracts
Sources: Lease (Global Defense Technology & Systems, Inc.), Lease (Global Defense Technology & Systems, Inc.)
Alterations. Tenant (a) Brillian shall not install make any signsbuilding or leasehold alterations or additions, fixturesincluding remodeling or signage, improvementswithout first obtaining Master Landlord’s and TFS’s consent, nor make or permit which TFS’s and Master Landlord’s consent may be withheld in their sole discretion. If any other such alterations or additions (individuallyare made, an “Alteration”Brillian agrees not to permit any mechanics’ liens to be placed on the Sublet Premises or any portion thereof and to cause any contract for work to be done at the Sublet Premises to contain a waiver of the contractor’s right to file a mechanics’ lien. Any alterations of any kind to the Sublet Premises or any part thereof, except Brillian’s trade fixtures which can be removed without damage or defacement to the Sublet Premises or any other portion of the Building, shall be surrendered with the Sublet Premises, as a part thereof, at the end of the Sublease Term; provided, however, that TFS may require at the time TFS and Master Landlord consent to such alteration or fixture Brillian to remove any alterations or fixtures made by Brillian, and collectively, the “Alterations”) to repair any damage to the Sublet Premises without the prior written consent of Landlordcaused by such removal, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components all at Brillian’s sole expense. Any alterations installed by Brillian shall be deemed a part of the Sublet Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed maintained and repaired by Brillian in the same manner as that required for all other portions of the Sublet Premises.
(b) Brillian shall have the right to place a licensedsign or signs on the façade of the Building, insuredprovided, however: (i) TFS (and the Master Landlord to the extent that such consent from the Master Landlord is required under the Master Lease) shall have the right to consent to the size, style, and bonded contractor location of any such signs, which consent shall not be unreasonably withheld or delayed; (reasonably approved by Landlordii) in compliance any such signs shall comply with all applicable Laws (includinglaws, but not limited torules, the ADA)regulations, and all recorded matters covenants, conditions, and rules restrictions of record; and regulations (iii) TFS may require that Brillian remove any such signs at the expiration of the Industrial Center. In additionTerm and repair any damage to the Building caused by such removal, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlordat Brillian’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienssole expense.
Appears in 2 contracts
Sources: Real Property Sublease Agreement (Three Five Systems Inc), Real Property Sublease Agreement (Brillian Corp)
Alterations. Tenant shall not install any signs, fixtures, improvements, nor make permit material alterations in or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Leased Premises without unless and until Landlord has approved the prior written consent plans therefor in writing. As a condition of such approval, with respect to any specialty alterations (such as private bathrooms, raised computer floors, mezzanines, built-in filing systems and other non-standard office installations) Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components ’s option become a part of the Premises or realty and the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice property of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall not be installed removed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) Tenant. Tenant shall ensure that all alterations shall be made in compliance accordance with all applicable Laws (includinglaws, but not limited toregulations and building codes, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike mannermanner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s approval consent to the creation of any plans, specifications lien. If any lien is filed against the Leased Premises for work claimed to have been done for or working drawings for material claimed to have been furnished to Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in cause such a manner as not lien to obstruct access to the Industrial Center, or the Common Areas for any other tenant be discharged of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, record within ten thirty (1030) days after demandfiling. Tenant shall indemnify Landlord from all costs, for actual losses, expenses and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord attorneys’ fees in connection with Tenantany construction or alteration and any related lien. Tenant agrees that at Landlord’s Alterationsoption, plus Tenant Landlord or a subsidiary or affiliate of Landlord, who shall pay to Landlord receive a fee equal as Landlord’s construction manager or general contractor, shall perform or cause to one percent (1%) of be performed all work on any structural or building-system alterations to the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensLeased Premises.
Appears in 2 contracts
Sources: Lease Agreement (GreenSky, Inc.), Lease Agreement (GreenSky, Inc.)
Alterations. Tenant shall not install any signsmay, fixturesfrom time to time, improvementsat its expense, nor make or permit any other alterations or additions improvements in and to the Premises (individually, an “Alteration”, and collectively, the hereinafter collectively referred to as “Alterations”) to ), provided that Tenant first obtains the Premises without the prior written consent of Landlord, except that Tenant does not have to request Landlord’s consent for any Alterations that cumulatively are purely cosmetic and non-structural, and cost less than Twenty Five Thousand Dollars $50,000.00 per project. All of the following shall apply with respect to all Alterations: ($25,000.00a) the Alterations are non-structural and which do not affect the Building systems or the structural integrity or structural components of the Premises or Property shall not be affected; (b) the BuildingAlterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; and (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations. In all eventsAdditionally, before proceeding with any Alterations, Tenant shall deliver (i) at least ten Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (10ii) days prior notice if Landlord’s consent is required for the planned Alteration, submit to Landlord, from for its written approval, working drawings, plans and specifications and all permits for the date Tenant intends work to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility be done and Tenant shall obtain all permits or other governmental approvals prior not proceed with such Alterations until it has received Landlord’s approval (if required); and (iii) cause those contractors, materialmen and suppliers engaged to commencing any perform the Alterations to deliver to Landlord certificates of such work and deliver insurance (in a copy of same form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance and workers’ compensation insurance. All Such insurance policies shall satisfy all obligations imposed under Section 10.2. Tenant shall cause the Alterations shall to be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) performed in compliance with all applicable permits, Laws (including, but not limited to, the ADA)and requirements of public authorities, and all recorded matters and with Landlord’s reasonable rules and regulations of or any other restrictions that Landlord may impose on the Industrial CenterAlterations. In addition, all work with respect Tenant shall cause the Alterations to any Alterations must be done diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the standards for the Property established by Landlord. With respect to any and all Alterations for which Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterationsconsent is required, Tenant shall have provide Landlord with “as built” plans (upon completion), copies of all construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s consent to any Alterations is required, and Landlord provides that consent, then at the work performed in time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such a manner as not Alterations at the expiration or termination of this Lease. If Landlord requires Tenant to obstruct access to remove the Industrial CenterAlterations, or then, during the Common Areas for any other tenant remainder of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunderTerm, Tenant shall reimburse Landlordbe responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by if Landlord in connection with Tenant’s shall not require that Tenant remove the Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises constitute Landlord’s Property (defined below) and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require be responsible for the insurance thereof, pursuant to assure payment of the costs thereof to protect Section 10.2. Landlord and the Industrial Center from and against shall not charge Tenant any loss from any mechanic’soversight, materialmen’s management, administrative or other liensfee for any Alterations or approvals of Alterations.
Appears in 2 contracts
Sources: Industrial Building Lease, Industrial Building Lease (Clearfield, Inc.)
Alterations. Tenant Anything in Article 3 to the contrary notwithstanding, Landlord shall not install any signsunreasonably withhold or delay approval of written requests of Tenant to make non-structural interior alterations, fixturesdecorations, improvementsadditions and improvements (herein referred to as "alterations") in the demised premises, nor make provided that such alterations do not adversely affect utility services or permit any plumbing and electrical lines or other alterations or additions (individually, an “Alteration”systems of the building, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations provided that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations alterations shall be at Tenant’s sole cost and expense performed in accordance with the following conditions:
(a) All such alterations costing more than $10,000 shall be performed in accordance with plans and specifications which have been previously first submitted to and approved in writing by Landlord, and Landlord for its prior written approval which will not be unreasonably delayed or withheld.
(b) All alterations shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations All alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or be done in compliance with any all other applicable provisions of this Lease and with all applicable laws, ordinances, directions, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, authorities having jurisdiction; and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction the commencement of any such alterations, at its sole cost and expense, obtain and exhibit to Landlord any governmental permit required in connection with such alterations.
(c) All work in connection with alterations shall be performed with union labor having the proper jurisdictional qualifications.
(d) Tenant shall keep the building and the demised premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the demised premises.
(e) Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord certificates evidencing the existence of the following insurance:
(i) Workmen's compensation insurance covering all persons employed for such work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the demised premises.
(ii) General liability insurance naming Landlord, its designees, and Tenant as insureds, with limits of not less than $500,000 in the event of bodily injury to one person and not less than $1,000,000 in the event of bodily injury to any number of persons in any one occurrence, and with limits of not less than $50,000 for property damage. Tenant, at its sole cost and expense, shall cause all such insurance to be maintained at all times when the work to be performed for or by Tenant is in progress. All such insurance shall be in a company authorized to do business in New York and all Alterationspolicies, cause or certificates therefor, issued by the insurer and bearing notations evidencing the payment of premiums, shall be delivered to Landlord.
(f) All work to be performed by Tenant shall be done in a manner which will not unreasonably interfere with or disturb other tenants and occupants of the building.
(g) Tenant shall not be required to remove any fixtures, panelling, partitions, railings or other installations presently constituting a part of the demised premises, constituting a part of the initial fitting up of the demised premises for Tenant's occupancy or installed by Landlord at its contractor(sexpense.
(h) and/or major subcontractor(sAll trade fixtures and other movable property installed by Tenant in the demised premises shall remain Tenant's property and shall be removed by Tenant on or before the expiration date, provided only that Tenant shall repair any resultant damage to the demised premises.
(i) Any alterations to provide insurance as reasonably required be made by Tenant (other than plumbing and electrical work) may be performed by any reputable contractor or mechanic (collectively "Contractor") selected by Tenant and approved by Landlord, and Tenant shall provide such assurances to Landlordwhich approval Landlord agrees it will not unreasonably withhold or delay, including without limitation, waivers of lien, surety company provided the Contractor's performance bonds as Landlord shall require to assure payment of the costs thereof alterations would not result in any labor discord in the Building.
(j) Tenant may, at any time during the Term, remove any alteration made by Tenant, solely at its expense, provided Tenant promptly repairs any damage resulting from such removal.
(k) Any restoration or repair which Tenant is required to protect Landlord and make (whether structural or non-structural) shall be of quality or class equal to the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensthen Building Standard.
Appears in 2 contracts
Sources: Loft Lease (Younetwork Corp), Lease Agreement (Younetwork Corp)
Alterations. Section 4.1 Tenant shall not install make any signsAlterations without Landlord’s prior written consent in each instance in accordance with Section 4.2, fixturesother than decorative Alterations such as painting, improvementswall coverings, nor make or permit any other alterations or additions (individuallyfloor coverings, an “Alteration”, shelving and collectively, the “Alterations”) millwork not permanently affixed to the Premises without the prior written (collectively, “Decorative Alterations”), as to which Landlord’s consent of shall not be required. Landlord’s consent shall be granted or denied in Landlord’s sole discretion; provided, except for however, that Landlord shall not unreasonably withhold its consent to Alterations proposed to be made by Tenant provided that cumulatively cost less than Twenty Five Thousand Dollars such Alterations ($25,000.00a) are non-structural and which do not not, in any material respect, adversely affect the Building systems Systems or the structural integrity or structural components of the Premises or the Building. In all eventsservices, Tenant shall deliver at least ten (10b) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and are performed only by contractors approved in writing by Landlord as provided in Section 4.2(b), (c) do not adversely affect, in any material respect, any part of the Building other than the Premises, and (d) do not adversely affect, in any material respect, any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building.
Section 4.2 (a) Prior to making any Alterations (other than Decorative Alterations), Tenant shall (i) except for Decorative and Minor Alterations (defined in Section 4.2(c)), submit to Landlord, for Landlord’s written approval, detailed plans and specifications therefor in form reasonably satisfactory to Landlord, (ii) if such Alterations require a filing with any Governmental Authority or require the consent of such authority, then such plans and specifications shall (A) be prepared and certified by a registered architect or licensed engineer, and (B) comply with all Laws to the extent necessary for such governmental filing or consent, (iii) at its expense, obtain all required permits, approvals and certificates, and (iv) furnish to Landlord duplicate original insurance policies or certificates of worker’s compensation (covering all persons to be employed by Tenant, and all contractors and subcontractors supplying materials or performing work in connection with such Alterations) and commercial general liability (including property damage coverage) insurance and Builder’s Risk coverage (issued on a completed value basis) all in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its managing agent, and any Superior Lessor and any Mortgagee as to which Tenant has been given notice as additional insureds. Except as otherwise expressly set forth herein, all Alterations shall be installed performed by Tenant at Tenant’s expense (A) in a licensedgood and workmanlike manner using materials of first class quality, insured, and bonded contractor (reasonably approved by LandlordB) in compliance with all applicable Laws Laws, and (includingC) in accordance with the plans and specifications previously approved by Landlord (where plans and specifications are required hereunder). Tenant shall at its expense obtain all approvals, but not limited consents and permits from every Governmental Authority having or claiming jurisdiction prior to, the ADA), during and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval upon completion of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authoritiesAlterations. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached heretopromptly reimburse Landlord, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten thirty (1030) days after demand, for any and all actual out-of-pocket costs and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord (without markup) in connection with Landlord’s review of Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes plans and specifications for any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensAlteration.
Appears in 1 contract
Sources: Lease Agreement (Doubleclick Inc)
Alterations. Tenant shall not install any signs, fixtures, improvements, nor make or permit any other alterations alterations, decorations, additions or additions improvements of any kind or nature to the Premises or the Project, whether structural or nonstructural, interior, exterior or otherwise (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except said consent not to be unreasonably withheld. Landlord may impose any reasonable conditions to its consent, including, without limitation: (i) delivery to Landlord of written and unconditional waivers of mechanic’s and materialmen’s liens as to the Project for Alterations that cumulatively cost less than Twenty Five Thousand Dollars all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations; ($25,000.00ii) and which do not affect the Building systems or the structural integrity or structural components prior approval of the Premises or plans and specifications and contractors) with respect to the Building. In all events, Tenant shall deliver at least ten Alterations and any other documents and information reasonably requested by Landlord; (10iii) days prior notice to supervision by Landlord, from ’s representative of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice Alterations; and (iv) proof of Non-Responsibility worker’s compensation insurance and Tenant shall obtain all permits or other governmental approvals prior to commencing any of commercial general liability insurance in such work amounts and deliver a copy of same to meeting such requirements as requested by Landlord. All The Alterations shall be at conform to the requirements of Landlord’s and Tenant’s sole cost insurers and expense of the federal, state and local governments having jurisdiction over the Premises and shall be performed in accordance with plans the terms and specifications which have been previously submitted to provisions of this Lease and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike mannermanner befitting a first class office building. If the Alterations are not performed as herein required, Landlord shall have the right, at Landlord’s approval option, to halt any further Alterations, or to require Tenant to perform the Alterations as herein required or to require Tenant to return the Premises to its condition before such Alterations. Subject to Section 12.4 herein, all Alterations and fixtures, whether temporary or permanent in character, made in or upon the Premises either by Tenant or Landlord, will immediately become Landlord’s property and, at the end of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability the Term will remain on the part of Landlord for their completenessPremises without compensation to Tenant, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authoritiesNotwithstanding the foregoing. In performing the work of any such Alterations, Tenant shall have the work performed right, without Landlord’s consent, to perform in the Premises nonstructural Alterations, provided such a manner as Alterations (i) do not to obstruct access to affect the Industrial CenterBuilding’s mechanical, electrical, plumbing, HVAC or fire, life safety systems; (ii) such Alterations do not increase the Common Areas Building assessed value for any other tenant tax purposes; (iii) such Alterations do not alter the architectural integrity of the Industrial Center, and as Building; (iv) such Alterations do not to obstruct require a building permit; (v) such Alterations are not visible from the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) exterior of the total Premises; (vi) the cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by do not exceed $20,000.00 in any one Calendar Year; and (vii) Tenant in accordance has provided Landlord with the terms prior written notice of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all such Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 1 contract
Sources: Commercial Office Lease (Wells Real Estate Investment Trust Ii Inc)
Alterations. Tenant shall not install make any signsalterations, fixtures, improvements, nor make additions or permit any other alterations or additions improvements to the Premises (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s consent to any Alterations that cumulatively if the desired Alterations: (i) may affect the Building’s Systems or Building’s Structure; (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; (iii) will cost less than Twenty Five in excess of Ten Thousand Dollars ($25,000.0010,000.00); or (iv) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and which do not affect the Building systems or the structural integrity or structural components prior to commencement of the Premises or the Building. In all eventsAlterations, Tenant shall deliver at least to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days prior notice after the rendition of a ▇▇▇▇ for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to Landlordthe making of any Alteration, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations Alteration shall be made by Tenant at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted (subject to and reimbursement from the Allowance pursuant to the terms of Section 3(c) above) by a contractor approved in writing by Landlord, such approval not to be unreasonably withheld. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Project, in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project, in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be installed by a licensedsurrendered with the Premises upon the expiration or sooner termination of this Lease, insuredunless Landlord requires the removal of such Alterations. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and bonded contractor (reasonably approved by Landlord) in compliance expense, forthwith and with all applicable Laws due diligence (including, but in any event not limited to, later than the ADAexpiration date or earlier termination of the Lease), and remove all recorded matters and rules and regulations or any portion of the Industrial Center. In addition, all work with respect to any Alterations must made by Tenant which are designated by Landlord to be done removed (including without limitation stairs, bank vaults and cabling, if applicable) and repair and restore the Premises in a good and workmanlike mannermanner to their original condition, reasonable wear and tear excepted. All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project. Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any plans, specifications Alterations (or working drawings for Tenant’s Alterations the plans therefor) shall not create nor impose any responsibility constitute a representation or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse warranty by Landlord, within ten (10) days after demandnor Landlord’s acceptance, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection that the same comply with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that sound architectural and/or engineering practices or with all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlordapplicable Laws, and Tenant shall provide be solely responsible for ensuring all such assurances to Landlordcompliance. All voice, including without limitationdata, waivers video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (A) plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with Tenant’s name and origination and destination points; (C) installed in accordance with all EIA/TIA standards and the National Electric Code; and (D) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of liencable pathways, surety company performance bonds outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may request. The routing plan shall require be available to assure payment of the costs thereof to protect Landlord and its agents at the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensBuilding upon request.
Appears in 1 contract
Alterations. (a) Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises or install fixtures in the Premises without first obtaining Landlord's consent, which consent shall not be unreasonably withheld, provided however, that Landlord may withhold its consent in its sole and absolute discretion if the prior written consent cost of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars the work will exceed two thousand five hundred dollars ($25,000.002,500.00) and which do not affect the Building systems or the structural integrity or there are any material modifications to any structural components of the Premises Building or any of the Building's operating systems, including, without limitation, heating, ventilating, air conditioning, plumbing, electrical, and other operating systems. See Lease Addendum In all eventsconnection with Tenant's request for Landlord's consent under this Lease, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Nonpre-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee Two Hundred Fifty Dollar ($250.00) charge for Landlord's review of applicable documents and plans, together with any third-party costs and expenses incurred or to be incurred by Landlord related thereto. In no event, however, may the Tenant make any alterations, additions or improvements or install fixtures which, in Landlord's reasonable judgment, might adversely affect the structural components of the Building or Building mechanical, utility or life safety systems. At the time such consent is requested, Tenant shall furnish to Landlord a description of the proposed work, an estimate of the cost thereof and such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require as a condition to the granting of such consent to any work costing in excess of fifty thousand dollars ($50,000), that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one percent and one-half (1%1 1/2) times any and all estimated costs of the total cost proposed work, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the Alterationswork. If Tenant makes Before commencing any Alterationswork, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by shall give Landlord and such other insurance as Landlord may require, it being understood and agreed that all at least twenty (20) days written notice of the proposed commencement of such Alterations shall work in order to give Landlord an opportunity to prepare, post and record such notice as may be insured permitted by Tenant law to protect Landlord's interest in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free Building from any liens arising out mechanics' and materialmen's liens. Within a reasonable period following completion of any work performedfor which plans and specifications were required to obtain a building permit for such work, materials furnished Tenant shall furnish to Landlord "as built" plans showing the changes made to the Premises.
(b) Any alterations, additions or obligations incurred improvements to the Premises shall be made by Tenant at Tenant's sole cost and expense, and any contractor, subcontractor or other person selected by Tenant to make the same shall be selected from Landlord's approved bidder list. Tenant's contractor and its subcontractors shall employ union labor to the extent necessary to insure, so far as may be possible, the progress of the alterations, additions or improvements and the performance of any other work or the provision of any services in the Building without interruption on behalf account of strikes, work stoppage or similar causes of delay. All work performed by Tenant shall comply with the laws, rules, orders, directions, regulations and requirements of all governmental entities having jurisdiction over such work and shall comply with the rules, orders, directions, regulations and requirements of any nationally recognized board of insurance underwriters. All alterations, additions and improvements shall immediately become Landlord's property and, at the end of the term hereof, shall remain on the Premises without compensation to Tenant. ; provided, however, that if required by Landlord prior to the end of the term of the Lease, Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment the end of the costs thereof term, at its sole cost and expense, remove the alterations, additions and improvements required to protect be removed by Landlord and repair and restore the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.Premises to their condition at the commencement of the term. See Lease Addendum
Appears in 1 contract
Sources: Office Lease (Redenvelope Inc)
Alterations. Tenant shall not make alterations, repairs, additions or improvements or install any signs, fixtures, improvements, nor make or permit any other alterations or additions Cable (individually, an “Alteration”, and collectively, the collectively referred to as “Alterations”, which shall not include any alterations, repairs, additions, or improvements made as a part of the Shell Condition Work or the Initial Tenant Work) to in the Premises Premises, without first obtaining the prior written consent of LandlordLandlord in each instance, except which consent shall not be unreasonably withheld, conditioned or delayed. “Cable” shall mean and refer to any electronic, fiber, phone and data cabling and related equipment that is installed by or for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems exclusive benefit of Tenant or the structural integrity any party acting under or structural components of the Premises or the Buildingthrough Tenant. In all eventsPrior to starting work on any Alterations, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable furnish Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications (which have been previously submitted to and approved shall be in writing CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming as additional insureds the Landlord, the managing agent for the Building, and such other Additional Insured Parties (as defined in Section 13) as Landlord may designate for such purposes; and any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be installed by a licensedclearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, insuredsuite number, and bonded contractor the purpose of such Cable (reasonably approved by Landlordi) in compliance with all applicable Laws every 6 feet outside the Premises (specifically including, but not limited to, the ADAelectrical room risers and any Common Areas), and all recorded matters (ii) at the termination point(s) of such Cable. Changes to the plans and rules and regulations of the Industrial Centerspecifications must also be submitted to Landlord for its approval. In addition, all work with respect to any Alterations must shall be done constructed in a good and workmanlike manner. manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authoritiesability to perform its obligations hereunder. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, Landlord for actual and reasonable legal, engineering, architectural, planning and other any third-party expenses incurred by Landlord in connection with the review, inspection, and coordination of Tenant’s Alterations, plus Tenant shall plans for Alterations and Tenant’s performance thereof and pay to Landlord or its managing agent a fee for Landlord’s administrative oversight and coordination of any Alterations equal to one percent (1%) 2.0% of the total cost hard costs of the Alterations. If Upon completion, Tenant makes any shall furnish “as-built” plans (in CAD format, if requested by Landlord) for Alterations, Tenant agrees to carry “Builder’s All Risk” insurancecustomary AIA completion affidavits, in an amount approved by Landlord full and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, final waivers of lien, surety company performance bonds as any applicable certificate of occupancy for the space affected by such Alterations, and any other items required under the Building’s construction rules and regulations for closing out the particular work in question. Landlord’s approval of an Alteration shall not be deemed to be a representation by Landlord that the Alteration complies with Law or will not adversely affect any Building system. If any Alteration requires any change to the Base Building, any Building system, or any Common Area, then such changes shall require to assure payment be made at Tenant’s sole cost and expense and performed, at Landlord’s election, either by Tenant’s contractor or a contractor engaged by Landlord. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alteration that satisfies all of the costs thereof following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to protect Landlord and be performed inside the Industrial Center from and against walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 8.03, to the extent applicable thereto. Notwithstanding anything to the contrary contained in this Lease, the provisions of this Section 8.01, including, without limitation, the administrative fee set forth herein, shall not apply to any loss from any mechanic’salterations, materialmen’s additions, or other liensimprovements performed as a part of the Shell Condition Work or the Initial Tenant Work.
Appears in 1 contract
Alterations. (a) Subsequent to the completion of Landlord’s Work, Tenant shall thereafter make all additions, improvements and alterations on the Leased Premises, and on and to the appurtenances and equipment thereof, required on account of Tenant’s particular use of the Leased Premises and required by any governmental authority or which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation claiming by, through or under Tenant. Tenant shall also be entitled to construct non-load bearing partition walls without Landlord’s consent. Except as provided in the immediately preceding sentences, Tenant shall not install create any signsopenings in the roof or exterior walls, fixtures, improvements, nor or make or permit any other exterior or structural alterations or additions to the Leased Premises (individually, an “Alteration”, and collectively, the hereinafter “Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld by Landlord. Any alterations or improvements by Tenant which alter the location of partition walls, fire walls or other fire protection shall require the prior written consent of the Landlord, which consent shall not be unreasonably withheld.
(b) As to any Alterations which ▇▇▇▇▇▇ is required hereunder to perform or to which Landlord consents and as to work performed pursuant to Article XVIII hereof, such work shall be performed with new materials, in a ▇▇▇▇▇▇▇-like manner, strictly in accordance with plans and specifications therefor first approved in writing by Landlord, which approval shall not be unreasonably withheld, and in accordance with all applicable Laws. Tenant shall, prior to the commencement of such work, deliver to Landlord copies of all required permits, and builders risk (or installation floater) insurance coverage to the extent of the cost of the Alterations. Tenant shall permit Landlord to monitor construction operations in connection with such work, and to restrict, as may reasonably be required, the passage of manpower and materials, and the conducting of construction activity in order to avoid unreasonable disruption, hazard or inconvenience to Landlord or other tenants of the Real Estate or to Permitted Parties or damage to the Real Estate or the Leased Premises. Upon completion of any such work by or on behalf of Tenant, Tenant shall provide Landlord with such documents as Landlord may reasonably require (including, without limitation, sworn contractors’ statements and supporting lien waivers) evidencing payment in full for such work, and “as built” working drawings or final working drawings marked by the general contractor to show changes made in the field. In the event ▇▇▇▇▇▇ performs any work not in compliance with the provisions of this Section 9.3(b), Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to the performance thereof. If Tenant fails so to remove such work and restore the Leased Premises as aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of Landlord under this Lease, at law or in equity, enter the Leased Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefor by Landlord. Such entry by Landlord shall not be deemed an eviction or disturbance of Tenant’s use or possession of the Leased Premises nor render Landlord liable in any manner to Tenant.
(c) In no event shall Tenant be entitled to use the roof of the Leased Premises or any other roof on the Real Estate without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect consent may be granted or withheld in Landlord’s sole discretion. In the Building systems or event Tenant obtains Landlord’s consent to utilize the structural integrity or structural components roof of the Leased Premises or any other roof of a building on the Building. In all eventsReal Estate, Tenant shall deliver at least ten only use Landlord’s roofing contractor for all purposes for which ▇▇▇▇▇▇▇▇ has consented.
(10d) days prior notice All improvements and Alterations made to Landlordthe Leased Premises by Tenant shall, from immediately upon attachment to the date Tenant intends to commence constructionLeased Premises or installation thereof, sufficient to enable be deemed the property of Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits have no further right or other governmental approvals prior claim to commencing any of such work and deliver a copy of same the title thereof.
(e) Tenant shall have the right upon written notice to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted Landlord to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, install satellite equipment upon the ADA), and all recorded matters and rules and regulations roof of the Industrial Center. In additionLeased Premises, all work with respect subject to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plansthe equipment and the manner of installation, specifications or working drawings for Tenant’s Alterations which approval shall not create nor impose be unreasonably withheld or delayed. ▇▇▇▇▇▇ agrees to indemnify and hold harmless Landlord and Landlord’s Protected Parties from any responsibility loss, cost or liability on expense (including damage to property and injury to person) arising out of the part installation, maintenance, operation, repair, replacement and removal of Landlord for their completenesssuch equipment. Tenant further agrees that such equipment shall not (i) violate any Laws, design sufficiencyincluding, without limitation, those promulgated by the Federal Aviation Administration (“FAA”), (ii) interfere with any other tenants located at the Columbus International Aircenter, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10iii) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, result in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofunsightly condition. Tenant shall keep be fully responsible for the Premises maintenance and repair of such equipment and shall remove such equipment at the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished expiration or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment early termination of the costs thereof to protect Landlord and Term of the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensLease.
Appears in 1 contract
Sources: Industrial Lease
Alterations. (a) Tenant shall not install construct any signs, fixtures, improvements, nor make or permit any other alterations improvements or additions (individuallyor otherwise alter, an “Alteration”, and collectively, the “Alterations”) to change or improve the Premises without the prior written consent in excess of Landlord, except for Alterations that cumulatively cost less than Twenty Five Ten Thousand Dollars ($25,000.0010,000) without Landlord’s prior written approval, and which do not affect until Landlord shall have first approved the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications therefor, which have been previously submitted to and approved in writing by Landlord, and approvals shall not be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike mannerunreasonably withheld. Landlord’s approval of any the plans, specifications or and working drawings for Tenant’s Alterations alterations shall not create nor impose any no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any all laws, ordinances, rules and regulations of governmental agencies or authorities. All such approved alterations, or improvements shall be installed by Tenant at Tenant’s expense using a licensed contractor first approved by Landlord in compliance with the approved plans and specifications therefor and in strict accordance with all laws. All such construction shall be done in a good and workmanlike manner using new materials of good quality. As a condition to consenting to any leasehold improvement or alteration or change requested by Tenant, the cost of which may exceed Twenty-five Thousand Dollars ($25,000), Landlord shall have the right to require Tenant to post a completion bond in an amount and in a form satisfactory to Landlord. In performing no event shall Tenant make any structural changes to the work Premises or make any changes to the Premises which would weaken or impair the structural integrity of the Building or the roof membrane integrity of the Building. Tenant shall not commence construction of any such Alterationsalterations, additions, or improvements (whether or not Landlord’s consent to the improvements are required therefore) until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, and (iii) Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of given Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within at least ten (10) days after demandprior written notice of its intention to commence such construction. All alterations, for actual additions and reasonable legal, engineering, architectural, planning and other expenses incurred improvements constructed by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed from the Premises. At the expiration or sooner termination of the Lease Term, all alterations, additions, or improvements shall be surrendered to Landlord as a fee equal to one percent (1%) part of the total cost realty and shall then become Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the Alterations. If value or cost thereof; provided, however, that, notwithstanding the foregoing, Landlord may, at its option, require Tenant makes to remove any Alterationsalterations, additions, or improvements in which case Tenant agrees shall so remove such alterations, additions or improvements prior to carry “Builder’s All Risk” insurancethe expiration or sooner termination of the Lease Term, repair any damage to the Premises caused by such removal, and restore the Premises to the condition they were in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with at the terms commencement of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensLease.
Appears in 1 contract
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not install make or suffer to be made any signsalterations, fixturesadditions, or improvements, nor make or permit any other alterations or additions (individuallyincluding, an “Alteration”, and collectivelybut not limited to, the “Alterations”) attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, except which consent may be withheld at Landlord’s sole discretion. When applying for Alterations that cumulatively cost less than Twenty Five Thousand Dollars such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be required ($25,000.00but notice to Landlord shall be required) and with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building systems Building’s electrical, mechanical, plumbing, HVAC or the structural integrity or structural components other systems, and (iv) in aggregate do not cost more $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the Building. In all events, Tenant same shall deliver at least ten (10) days prior notice to be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be in either event at Tenant’s sole cost and expense expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge for third party costs actually incurred by Landlord in connection with the proposed work and the design thereof, plus, if Landlord provides construction management services, a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any government laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterationsregulations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Centerusing Building standard materials where applicable, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterationsconstruction, cause its contractor(s) and/or major subcontractor(s) to provide the additional insurance as reasonably required by Landlordunder Article 11 in such case, and Tenant shall provide also all such assurances to LandlordLandlord as Landlord shall reasonably require to assure payment of the costs thereof, including without limitationbut not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof and funded construction escrows and to protect Landlord and the Industrial Center from Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens.. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2
Appears in 1 contract
Sources: Lease Agreement (Power Solutions International, Inc.)
Alterations. Supplementing Article 3:
48.01 Except as provided in Article 3 or this Article, Tenant shall not install make any signsalterations, fixturesinstallations, improvements, nor make additions or permit any other alterations or additions improvements (individually, an “Alteration”, and collectively, the “AlterationsImprovements”) in or to the Premises without premises. Any Improvements performed by or on behalf of Tenant in order to prepare the prior written consent of Landlordpremises for Tenant’s initial occupancy thereof are referred to herein as “Initial improvements” and, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars unless otherwise expressly provided to the contrary in this lease, the term “Improvements” shall include Initial Improvements.
($25,000.00a) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations Improvements shall be made at Tenant’s sole cost and expense expense;
(b) all Improvements shall be effected in compliance with all applicable legal and insurance requirements. In the event any such Improvements (including, without limitation, the initial improvements) must be halted, either temporarily or permanently, as a result of a failure by Tenant, its contractors or subcontractors to comply with all applicable legal requirements, Owner shall have no liability or responsibility therefor and the Rent due hereunder shall be payable in full;
(c) before proceeding with any improvements, Tenant shall submit to Owner for approval copies of plans and specifications (or, for Improvements that constitute merely decorative changes which do not require a building or other governmental permit, a detailed description) therefor indicating the scope and nature of the improvements. Owner shall approve or reject such plans and specifications (or such detailed description) within five (5) business days after Tenant’s submission thereof to Owner. Tenant shall reimburse Owner for all reasonable out of pocket expenses and fees paid by Owner to outside consultants in connection with (i) its decision as to whether to approve such Improvements, and (ii) inspecting such Improvements to determine whether the same are being or have been performed in accordance with the approved plans and specifications therefor and with all applicable legal requirements and insurance policies covering or applicable to all or any part of the premises or Building, provided, however, that there will be no such charge with respect to nonstructural Improvements. All Improvements shall be made in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by LandlordOwner and such other reasonable requirements as Owner may establish;
(d) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval upon completion of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterationsimprovements (other than mere decorations), Tenant shall deliver to Owner three copies of “as-built” plans for such Improvements. Tenant need not seek Owner’s approval as to decorations except that any wallcoverings must have backcloths; and
(e) if required by law, promptly upon the work performed in such completion of any Improvements, Tenant shall obtain a manner as not to obstruct access to the Industrial Center, certificate of occupancy (or the Common Areas for any other tenant a revised certificate of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except occupancy) with respect to the premises and deliver a copy thereof to Owner.
48.02 Only one or more persons, firms or corporations authorized in writing by Owner (such authorization not to be unreasonably withheld or delayed) shall be permitted to act as contractor or subcontractor for any work to be performed in accordance with Article 3 of this lease. Owner expressly reserves the right to exclude from the Building any person, firm or corporation attempting to act as a construction contractor in violation hereof. In the event Tenant Improvements set forth shall employ any contractor permitted by this Section, such contractor and any subcontractor shall agree to employ only such materials and such labor as will not result in Exhibit F attached heretolabor disputes, strikes or jurisdictional disputes with other contractors, mechanics, or laborers engaged by Tenant, Owner or others. Tenant, upon demand of Owner, shall use its best efforts to cause all materials, contractors, mechanics or laborers causing such difficulty, strike or dispute to leave or be removed from the Building immediately. Owner agrees that such contractor or subcontractor shall have reasonable use of the Building facilities provided the same does not unreasonably interfere with the other tenants of the Building or cause Owner to incur any overtime or premium wages. Tenant will inform Owner in writing of the names of any contractor or subcontractor Tenant proposes to use in the premises at least three (3) business days prior to the beginning of work by such contractor or subcontractor.
48.03 Notwithstanding the provisions of Article 3, no approval of plans or specifications by Owner or consent by Owner allowing Tenant to make any alterations, installations, additions or improvements in the premises at any time during the Term shall in any way be deemed to be an agreement by Owner that the contemplated alterations, installations, additions or improvements comply with any legal requirements or any certificate of occupancy for the Building nor shall it be deemed to be a waiver by Owner of such compliance by Tenant or of any of the other terms of this lease. Notice is hereby given that neither Owner, Owner’s agent, nor any mortgagee of the Building shall be liable for any such labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic’s or other lien for such labor or material shall attach to or affect any estate or interest of Owner or any such mortgagee in and to the premises or the Building. If a mechanic’s or other lien is filed against the land and the Building as Additional Rent hereundera result of work performed by and for Tenant, Tenant shall reimburse Landlord, cause same to be discharged by bonding or otherwise within ten sixty (1060) days after demand, for actual or such lesser period as may be required pursuant to any mortgage encumbering said land and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofBuilding. Tenant shall keep the Premises records of all alterations, installations, additions or improvements costing in excess of $50,000 and the property on cost thereof, and within 15 days after demand by Owner, Tenant shall furnish to Owner copies of such records if Owner shall request the same in connection with any tax certiorari proceedings or in connection with any dispute under Section 41.06(j) hereof.
48.04 Notwithstanding the provisions of Article 3, Tenant shall not be required to remove from the premises upon the expiration or earlier termination of this lease (i) any Improvements or installations or alterations that are existing in the premises as of the Commencement Date (other than the Existing Furniture, which Tenant must remove), (ii) any Improvements that are not Specialty Alterations (defined below), or (iii) any Specialty Alterations which Owner, pursuant to the Premises are situated free from following provisions of this Section 48.04, has elected not to require Tenant to remove. At the time Tenant requests Owner’s consent to any liens arising out Improvements, Tenant may request (in bold/block lettering) whether any of any work performedthe alterations, materials furnished additions or obligations incurred by changes shown thereon constitute Specialty Alterations and, if so, whether Owner will require that Tenant, at the expiration or on behalf earlier termination of Tenant. Tenant shallthis lease, remove such Specialty Alteration and restore the demised premises to the condition the same were in prior to construction the making thereof (stating in bold/block typeface that Owner’s failure to identify (at the time Owner responds to Tenant’s request for approval) those Specialty Alterations that Tenant will be required to remove at the end of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) the term shall be deemed to provide insurance as reasonably required by Landlordmean that Owner has elected not to require Tenant to remove same at the end of the term hereof), and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment if Owner does not timely identify any of the costs thereof proposed changes or alterations as Specialty Alterations and require such removal/restoration following such express request, Tenant at the expiration or earlier termination of this Lease, shall not be required to protect Landlord and remove such Specialty Alteration(s) that were so consented to by Owner. For purposes of this lease, a “Specialty Alteration” shall mean an alteration, improvement or change which, at the Industrial Center from and against any loss from any mechanic’stime of installation, materialmen’s or other liensis not the type of improvement that is customarily found in a standard office installation.
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Alterations. (a) Tenant shall make no alternations, additions or improvements in or to the Premises, structural or otherwise, without Landlord's written consent, which consent shall not install be unreasonably withheld, conditioned, or delayed. If Landlord consents, Landlord may impose any signsconditions it deems appropriate, fixturesincluding, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectivelywithout limitation, the “Alterations”) prior approval by Landlord of plans and specifications, the prior approval by Landlord of the contractor or other persons who will perform the work, the obtaining of lien waivers from such contractors and other persons and the obtaining of specified completion and lien indemnity bonds and insurance. If any improvements are made without Landlord's prior written consent, Landlord shall have the right to remove such improvements and restore the Premises without the to their condition immediately prior written consent of Landlordthereto, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain be liable for all permits or other governmental approvals prior to commencing any of expenses incurred by Landlord in connection therewith. All such work and deliver a copy of same to Landlord. All Alterations shall be done at Tenant’s sole cost such times and expense in accordance with plans such manner as Landlord may from time to time designate. Tenant covenants and specifications which have been previously submitted to and approved in writing agrees that all work done by Landlord, and Tenant shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) performed in full compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules regulations and regulations requirements of all governmental agencies and quasi- governmental authorities having jurisdiction. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or authorities. In performing against the Building for work of any such Alterations, Tenant shall claimed to have the work performed in such a manner as not to obstruct access to the Industrial Centerbeen done for, or the Common Areas for any other tenant of the Industrial Centermaterials claimed to have been furnished to Tenant will be discharged by Tenant, and as not to obstruct the business of Landlord by bond or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlordotherwise, within ten (10) days after demandthe filing thereof, for actual at the sole cost and reasonable legalexpense of Tenant. All alterations, engineeringdecorations, architecturaladditions or improvements upon the Premises, planning made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and other expenses incurred the like, shall unless Landlord elects otherwise, become the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the end of the Lease Term.
(b) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions installed by Landlord Tenant in connection with Tenant’s Alterationsthe Premises at its sole expense shall be and remain the property of Tenant and may be removed by Tenant at any time during the Lease Term. provided Tenant is not in default hereunder, plus and provided further that Tenant shall pay repair any damage caused by such removal. Tenant's obligation to Landlord a fee equal repair any damage to one percent (1%) the Premises caused by such removal shall survive the expiration or earlier termination of the total cost of the AlterationsLease Term. If Tenant makes shall fail to remove all of its effects from the Premises upon termination of this Lease for any Alterationscause whatsoever, Landlord may, at its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to carry “Builder’s All Risk” insurancepay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects for any length of time that the same shall be in an amount approved by Landlord's possession, or Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such other insurance price as Landlord may require, it being understood obtain and agreed that all apply the proceeds of such Alterations sale against any amounts due under this Lease from Tenant to Landlord and against the expenses incidental to the removal and sale of said effects .
(c) The initial Leasehold improvements in and to the Premises shall be insured installed by Tenant Landlord in accordance with the terms of Work Agreement. It is understood that Landlord is under no obligation to make any structural or other alterations, decorations, additions or improvements in or to the Premises, except as provided in the Work Agreement or as otherwise expressly provided in this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 1 contract
Alterations. Except as otherwise provided in this Section, Tenant shall not install any signsmake no alterations, additions, fixtures, improvements, nor make replacements or permit any other alterations or additions improvements (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises or the Building without the prior written consent of Landlord, except for which consent may be granted or withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to any Alterations that cumulatively which cost less than Twenty Five Fifty Thousand Dollars ($25,000.0050,000.00) and which do not (i) affect the exterior of the Building systems or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural integrity portions of the Building, including but not limited to the roof, or structural components (iii) require any change to the basic floor plan of the Premises or any change to any structural or mechanical systems of the Premises, or (iv) fail to comply with any applicable governmental requirements or require any governmental permit as a prerequisite to the construction thereof, or (v) result in the Premises requiring building services beyond the level normally provided to other tenants, or (vi) interfere in any manner with the proper functioning of, or Landlord’s access to, any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (vii) diminish the value of the Premises including, without limitation, using lesser quality materials than those existing in the Premises, or (viii) alter or replace Standard Improvements. Landlord may impose any condition to its consent, including but not limited to a requirement that the installation and/or removal of all Alterations and Replacements be covered by a lien and completion bond satisfactory to Landlord in its reasonable discretion and requirements as to the manner and time of performance of such work. Landlord shall in all events, whether or not Landlord’s consent is required, have the right to approve the contractor performing the installation and removal of Alterations and Replacements and Tenant shall not permit any contractor not approved by Landlord to perform any work on the Premises or on the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all required permits or other governmental approvals prior to commencing any for the installation and removal of such work Alterations and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, Replacements and shall be installed by a licensed, insured, perform the installation and bonded contractor (reasonably approved by Landlord) removal of Alterations and Replacements in compliance with all applicable Laws (includinglaws, but not limited toregulations and ordinances, including without limitation the Americans with Disabilities Act, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations as described in Article XVII. Under no circumstances shall Tenant make any Alterations or Replacements which incorporate any Hazardous Materials, including without limitation asbestos-containing construction materials into the Premises, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, Building or the Common Area. If any governmental entity requires, as a condition to any proposed Alterations by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas (which consent may be withheld in the sole and absolute discretion of Landlord), then Tenant shall, at Tenant’s sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors, architects and engineers as Landlord may require in its reasonable discretion. Any request for Landlord’s consent to any other tenant proposed Alterations shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all Alterations made or affixed to the Premises, the Building or to the Common Area (excluding moveable trade fixtures, equipment, and furniture installed by Tenant and not paid for by Landlord pursuant to Exhibit X), including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), shall become the property of Landlord and shall be surrendered with the Premises at the end of the Industrial CenterTerm; except that Landlord may, by notice to Tenant given at the time of its consent to the Alteration, require Tenant to remove same by the Expiration Date or sooner termination date of this Lease, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect repair any damage to the Tenant Improvements set forth in Exhibit F attached heretoPremises, as Additional Rent hereunder, the Building or the Common Area arising from that removal and restore the Premises to their condition prior to making such Alteration. It is understood that Tenant shall reimburse be permitted to install an exterior air compressor for the Building, subject to Landlord’s reasonable prior written approval of the location, plans and screening therefor. Any consent and/or approval by Landlord under this Section 7.3 shall be given by Landlord within ten (10) business days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with following receipt of Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienswritten request therefor.
Appears in 1 contract
Alterations. Except for aesthetic or cosmetic changes that are not readily visible from the exterior of the Leased Premises and have no impact on the structural integrity of the Building, Tenant shall not install any signspermit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefore in writing. As a condition of such approval, fixturesLandlord may require Tenant (a) use contractors that are approved by Landlord, improvementswhich approval will not be unreasonably withheld, nor make conditioned or permit any other alterations or additions delayed; and/or (individually, an “Alteration”, and collectively, the “Alterations”b) to remove the alterations and restore the Leased Premises without the prior written consent upon termination of this Lease, which Landlord will expressly state in writing when approving said plans; otherwise, all such alterations shall at Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components 's option become a part of the Premises or realty and the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice property of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall not be installed removed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) Tenant. Tenant shall ensure that all alterations shall be made in compliance accordance with all applicable Laws (includinglaws, but not limited toregulations and building codes, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike mannermanner and of quality equal to or better than the condition of the Building as of the Commencement Date. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Centerindemnify Landlord from all reasonable and documented costs, or the Common Areas for any other tenant of the Industrial Centerlosses, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual expenses and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord attorneys' fees in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any construction or alteration for work performed, materials furnished or obligations incurred performed by or on behalf of Tenant. Contractors and subcontractors authorized by Landlord to perform such alterations shall be subject to Landlord’s written consent, including any contingencies included therein. Prior to commencing any alterations performed by any contractor, Tenant or contractor shall: (a) obtain all permits, prior licenses, and approvals required for Tenant to construction perform such work; (b) deliver to Landlord: (i) copies of any such permits, licenses, and all Alterationsapprovals and (ii) evidence reasonably satisfactory to Landlord that Tenant and/or Tenant’s contractor has procured workers’ compensation, cause its contractor(s) and/or major subcontractor(s) to provide general liability, and personal and property damage insurance as Landlord may reasonably required require; (c) cause any such work to be performed (i) in accordance with the plans approved by LandlordLandlord and (ii) in a good and workmanlike manner and in compliance with all applicable laws; (d) ensure that all contractors, subcontractors, laborers, and Tenant shall provide such assurances to Landlordsuppliers performing work or supplying materials are paid in full; and (e) during the performance of Tenant’s work, including without limitation, waivers observe and perform all of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensits obligations under this Lease.
Appears in 1 contract
Sources: Commercial Lease
Alterations. Tenant shall not install any signs, fixtures, improvements, nor make no changes in or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Demised Premises of any nature without Landlord's prior written consent provided, however, that Tenant may install its switching equipment and may make purely decorative changes such as painting and installation of partitions and carpeting without Landlord's consent, but upon notice to Landlord. Subject to the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) not to be unreasonably withheld or delayed and to the provisions of this Article, Tenant at Tenant's expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the Building systems or the structural integrity or structural components interior of the Demised Premises using licensed and reputable contractors or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably mechanics first approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with With respect to any Alterations work involving the base building electrical service rooms, Tenant must be done in a good utilize Landlord's designated base building electrician for any and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authoritiesall such work. In performing accordance with the work provisions of any such Alterationsthis Article 3, Tenant shall have the right subject to applicable legal requirements to install a gaseous fire retardant, either FM 200 or intergin. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such work▇▇▇'▇ ▇▇▇pensation, general liability, personal and property damage insurance in the amounts specified in Article 45 hereof. If any mechanic's lien is filed against the Demised Premises or the Building for work performed claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant within thirty (30) days after Tenant receives written notice thereof at Tenant's expense, by filing the bond required by law or otherwise. All interior walls, doors, paneling, partitions, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by notice to Tenant at the time Landlord approves Tenant's plans, elects to relinquish Landlord's right to such a manner as not installations and to obstruct access have them removed by Tenant, in which event the same shall be removed from the Demised Premises by Tenant prior to the Industrial Center, or the Common Areas for any other tenant expiration of the Industrial Centerlease, at Tenant's expense. Notwithstanding the foregoing, Landlord hereby requires Tenant to remove all of its switching equipment, the backup generator and other appurtenant 3 equipment. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of its switching equipment, backup generator, trade fixtures and moveable office furniture and equipment, but upon removal of any such items from the Demised Premises or upon removal of other installations as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent may be permitted hereunder, Tenant shall reimburse immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation, reasonable wear and tear excepted, and repair any damage to the Demised Premises or the Building due to such removal. All property permitted to be removed by Tenant at the end of the term remaining in the Demised Premises after Tenant's removal (in the case of its backup generator, more than one month following its removal) shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or removed from the Demised Premises by Landlord, at Tenant's expense. With respect to any request for Landlord's consent to any alterations for which Landlord's consent is required, Landlord agrees to review Tenant's plans within ten (10) business days after demandreceipt thereof, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred failure by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent respond within said ten (1%10) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it business day period being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion deemed Landlord's approval thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 1 contract
Sources: Office Lease (PLD Telekom Inc)
Alterations. Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively which consent may be given or withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to any alterations, additions or improvements to the Premises which cost less than Twenty Five Thousand Dollars One Dollar ($25,000.001.00) and which do not affect per square foot of the Building systems or the structural integrity or structural components improved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. In Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all eventswork be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, Tenant shall deliver at least ten (10) days prior notice to Landlordtime, from and contractor for performance of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and work. Tenant shall obtain all required permits or other governmental approvals prior to commencing any of such for the work and deliver shall perform the work in compliance with all applicable laws, regulations and ordinances, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations (hereafter defined). Tenant understands and agrees that Landlord shall be entitled to a copy supervision fee in the amount of same five percent (5%) of the cost of the work. If any governmental entity requires, as a condition to any proposed alterations, additions or improvements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant’s sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, if required by Landlord, Landlord’s contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including without limitation asbestos-containing construction materials into the Premises. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. All Alterations Landlord shall have the right to require Tenant to remove: (a) any of the components of the initial Tenant Improvements, but only if Landlord notifies Tenant that such removal will be required at the time of Landlord’s approval of the Preliminary Plan, and (b) any subsequent alterations, additions or improvements whether or not Landlord’s consent was required unless Landlord’s written consent requested by Tenant in writing was obtained and at the time of providing its consent, Landlord notified Tenant in writing that Tenant would not have to remove such items upon expiration or earlier termination of the Lease Term. Tenant shall have the right upon expiration or earlier termination of this Lease to remove any and all furniture, fixtures and other personal property at Tenant’s sole cost and expense provided that Tenant shall repair any damage caused by such removal. Except as otherwise provided in accordance with plans and specifications which have been previously submitted this Lease or in any Exhibit to and approved in writing by Landlordthis Lease, and should Landlord make any alteration or improvement to the Premises at Tenant’s request, Landlord shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with entitled to prompt reimbursement from Tenant for all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensincurred.
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Alterations. (a) Tenant shall make all additions, improvements and alterations on the Leased Premises, and on and to the appurtenances and equipment thereof, required by any governmental authority or which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation claiming by, through or under Tenant. Except as provided in the immediately preceding sentence, Tenant shall not install create any signsopenings in the roof or exterior walls, fixtures, improvements, nor or make or permit any other exterior or structural alterations to the Leased Premises (hereinafter "Alterations") without Landlord's prior written consent, which consent Landlord may, in its discretion, withhold. Notwithstanding the foregoing, any alterations or additions improvements by Tenant which alter the location of partition walls, fire walls, ceilings or other fire protection shall require the prior written consent of the Landlord, which consent shall not be unreasonably withheld.
(individually, an “Alteration”b) As to any Alterations which Tenant is required hereunder to perform or to which Landlord consents, and collectivelyas to all additions, improvements and alterations required by any governmental authority or which may be made necessary by the act or neglect of Tenant, and as to any repairs costing in excess of Ten Thousand Dollars ($10,000), and as to any replacements of the foregoing, or as to work performed pursuant to Section 9.02(a) and/or Section 18.04 hereof, such work shall be performed with new materials, in a workmanlike manner, strictly in accordance with plans and specifications therefor first approved in writing by Landlord and in accordance with all applicable laws and ordinances. Tenant shall, prior to the commencement of such work, deliver to Landlord copies of all required permits, and builders risk (or installation floater) insurance coverage to the extent of the cost of the Alterations. Tenant shall permit Landlord to monitor construction operations in connection with such work, and to restrict, as may reasonably be required, the “Alterations”) passage of manpower and materials, and the conducting of construction activity in order to avoid unreasonable disruption, hazard or damage to the Real Estate or the Leased Premises. Upon completion of any such work by or on behalf of Tenant, Tenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work, and "as built" working drawings. In the event Tenant performs any work not in compliance with the provisions of this Section 9.02(b), Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to the performance thereof. If Tenant fails so to remove such work and restore the Leased Premises as aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of Landlord under this Lease, at law or in equity, enter the Leased Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefor by Landlord. Such entry by Landlord shall not be deemed an eviction or disturbance of Tenant's use or possession of the Leased Premises nor render Landlord liable in any manner to Tenant.
(c) In no event shall Tenant be entitled to use any roof on any building on the Real Estate without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems consent may be granted or the structural integrity or structural components of the Premises or the Buildingwithheld in Landlord's sole discretion. In all eventsthe event Tenant obtains Landlord's consent to utilize the roof of any building on the Real Estate, Tenant shall deliver at least ten only use a roofing contractor for all purposes for which Landlord has consented.
(10d) days prior notice All improvements and Alterations made to Landlordthe Leased Premises by Tenant shall, from immediately upon attachment to the date Tenant intends to commence constructionLeased Premises or installation thereof, sufficient to enable be deemed the property of Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits have no further right or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access claim to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion title thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
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Alterations. Tenant (i) Upon approval by Licensee in writing, Six Flags shall have the right, but not install any signsthe obligation, fixturesto make alterations, improvementsmodifications, nor make additions, improvements or permit any other alterations or additions updates AT Licensee's sole cost and expense, to the Facility and/or the Equipment, as hereinafter defined (individually, an “Alteration”, and collectively, the “"Alterations”"); provided, however, that Licensee shall have been deemed to approve Alterations if: (i) the Alterations are reasonably required by Six Flags: for safety, quality or financial control reasons, or if new technology and improvements are made to the Premises without same type of Facility and/or Equipment in the prior written consent of Landlordindustry in the industry and/or (ii) required by any applicable laws, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems rules or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlordregulations. All such Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done made in a good and workmanlike manner. Landlord’s Licensee agrees to pay Six Flags for the reasonable cost of such Alterations within thirty (30) days of receipt of an invoice therefor.
(ii) Licensee agrees to make alterations, modifications, additions, improvements or updates, at its sole cost and expense (including any necessary design and engineering expenses), to the Facility and/or the Equipment, as hereinafter defined (collectively, the "Alterations"), as shall be mutually agreed to by the parties and in accordance with the Design Policy (attachment). Six Flags' design requirements policy (the "Design Policy") (a copy of the Design Policy in effect as of the date hereof is attached hereto and incorporated herein), as Six Flags may amend from time to time upon notice to Licensee]; provided, however, that Licensee shall be required to make Alterations if: (i) the Alterations are reasonably required by Six Flags: for safety, quality or financial control reasons, or if new technology and improvements are made to the same type of Facility and/or Equipment in the industry; and/or (ii) required by any applicable laws, rules or regulations. All such Alterations shall be made in a good and workmanlike mariner.
(iii) Licensee covenants that it will not make, or suffer or permit to be made, any Alterations in, on, or to the Facility and/or the Equipment without first: (a) notifying Six Flags in writing sufficiently in advance of the commencement thereof to enable Six Flags to post or record or both, appropriate and effective notices of non-responsibility, (b) obtaining the written consent of Six Flags thereto, which consent Six Flags shall not unreasonably withhold provided that the proposed Alterations are of high quality and in harmony with the overall design and appearance of the Park, and necessary to operate the Attraction/Concession in a safe and efficient manner, (c) obtaining the written approval of any plansSix Flags as to all contractors, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Centersubcontractors, and as not to obstruct materialmen who will perform work or services or supply materials in connection therewith and (d) obtaining the business written consent of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except Six Flags with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual proposed commencement and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all completion date of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
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Alterations. Tenant shall not install any signsSublessor agrees to provide Sublessee and Overlandlord with "as built" plans and specifications for the Subleased Premises, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the extent that Sublessor has possession of the same within three (3) days of the execution of this Sublease. Sublessee agrees that any alteration, addition, improvement, installation and decoration (hereinafter collectively called "Alteration") in the Subleased Premises without after the Commencement Date shall be made only (i) with the prior written consent of LandlordSublessor, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars which consent shall not be unreasonably withheld, conditioned or delayed ($25,000.00) and which do not affect the Building systems or Overlandlord, if required by the structural integrity or structural components terms of the Premises Master Lease); (ii) by workmen or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably contractors approved by LandlordSublessor, which approval shall not be unreasonably withheld, conditioned or delayed; (iii) in full compliance with all applicable Laws (includinglaws, but not limited to, the ADA), and all recorded matters and rules ordinances and regulations of applicable authorities (including any fire insurance rating organizations having jurisdiction over the Industrial Center. In addition, all work with respect to any Alterations must be done in a good Subleased Premises); and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10iv) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms provisions of the Master Lease. At the expiration of the term of this Lease immediately upon completion thereof. Tenant Sublease, Sublessee shall keep not be required to remove any Alteration unless Sublessee agrees to such removal as a condition to obtaining the consent of Sublessor or the Overlandlord to such Alteration, but shall be responsible for restoring the Subleased Premises to the condition existing on the Commencement Date, subject only to normal wear and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienstear.
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Alterations. After initial completion of any work to be done by Tenant as provided in Article VI, Tenant shall not install any signsalter or add to the Premises, fixturesexcept in accordance with written consent from Landlord, improvements, nor make which Landlord agrees not unreasonably to withhold or permit any other delay as to alterations or additions which (individuallyi) are not visible from the exterior of the Premises and (ii) do not materially affect the structure or any mechanical, an “Alteration”electrical or plumbing systems of the Building. Notwithstanding the foregoing, and collectivelyLandlord's prior written consent shall not be required with respect to any non-structural, the “Alterations”) interior alterations to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not adversely affect the mechanical, electrical or plumbing systems of the Building systems and have a cost, in each instance, of less than $100,000, but Tenant shall notify Landlord as and when it makes any such alterations which are permitted without Landlord's prior consent. Tenant's work as described in Article VI and all other alterations, changes, additions and work ("Alterations") made by Tenant shall be made in accordance with all applicable laws, in a good and first-class workmanlike manner and in accordance with the reasonable requirements of Landlord's insurers and Tenant's insurers. Without limitation, said Tenant's work as described in Article VI and all other Alterations made by Tenant shall be performed in accordance with the provisions of this Article IV and of Article VI. Any contractor or the structural integrity or structural components other person undertaking any Alterations of the Premises or the Building. In all events, on behalf of Tenant shall deliver at least ten (10) days prior notice be covered by Commercial General Liability and Workmen's Compensation insurance with coverage limits reasonably acceptable to Landlord, from the date Tenant intends Landlord and evidence thereof shall be furnished to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing the performance by such contractor or person of any work in respect of such work the Premises. Except for generators and deliver a copy of same to Landlord. All Alterations shall be HVAC supplemental equipment which Tenant has installed at Tenant’s its sole cost and expense on the roof of the Building to exclusively serve the Premises (such installation hereby is approved but shall be made in accordance with plans and specifications which have been previously submitted approved by Landlord such approval not to be unreasonably withheld or delayed, and in a manner so as not to void any roofing warranty and by contractors reasonably approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, at the ADA), and all recorded matters and rules and regulations end of the Industrial Center. In additionTerm of the Lease, Tenant shall remove all of such equipment from the roof and shall repair all damage caused by the installation or removal of the same), all work with respect to any Alterations must performed by Tenant in the Premises shall remain therein and, at termination, shall be done in surrendered as a good and workmanlike manner. Landlord’s approval of any planspart thereof, specifications or working drawings except for Tenant’s Alterations 's usual trade fixtures, furniture and equipment, installed prior to or during the Lease Term at Tenant's cost, which trade fixtures, furniture and equipment Tenant shall not create nor impose remove upon the termination of this Lease. Tenant agrees to repair any responsibility and all damage to the Premises resulting from the installation thereof or liability on the part of such removal or, if Landlord so elects, to pay Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work cost of any such Alterationsrepairs forthwith after actual completion thereof and billing therefor. Landlord has given Tenant notice that on or about February 8, Tenant shall have 2002 is (i) the work performed in such a manner as not date when Landlord plans to obstruct access to the Industrial Center, or the Common Areas for any other tenant finish its construction of the Industrial Center, roof and as not to obstruct install the business of rubberized roofing; and (ii) the date when Landlord or other tenants in plans to install the Industrial Center, or interfere with concrete filling on the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensroof.
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Sources: Office Lease (Keane Inc)
Alterations. The original improvement of the premises by Landlord for Tenant shall be in accordance with Exhibit B attached hereto. Tenant will not install any signs, fixtures, improvements, nor make or permit anyone to make any other alterations alterations, decorations, additions or additions improvements, structural or otherwise (individually, an “Alteration”, and collectively, hereafter the “Alterations”) ), in or to the Premises premises or the Building, without the prior consent of Landlord. Landlord may condition its consent to any Alterations on Tenant’s agreement to restore the premises to its original condition. Any Alterations, permitted by Landlord must be done by licensed and bonded contractors or mechanics approved by Landlord (whose approval will not be unreasonably withheld), must conform to all rules and regulations established from time to time by the Underwriters’ Association of Philadelphia and conform to all requirements of the Federal and City of Philadelphia governments. Tenant (and its contractors and/or subcontractors), before making any Alteration shall obtain, at its expense, all necessary permits, certificates (including certificates of final approval upon completion) and approvals, and shall deliver duplicates of same to Landlord. Tenant will carry and will cause its contractors and subcontractors to carry such worker’s compensation, liability, personal and property damage insurance as Landlord may require. As an additional condition precedent to such written consent of Landlord, except Tenant agrees to obtain and deliver Landlord written and unconditional waivers of mechanics’ and materialmens’ liens upon the Land and Building of which the premises are a part, for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) all work, labor and which do not affect services to be performed, and materials to be furnished, by them in connection with such work signed by all contractors, subcontractors, materialmen and laborers who become involved in such work. If, notwithstanding the foregoing, any mechanic’s or materialmen’s lien is filed against the premises, the Building systems and or the structural integrity Land, for work claimed to have been done for, or structural components of the Premises or the Building. In all eventsmaterials claimed to have been furnished to, Tenant, such lien shall be discharged by Tenant shall deliver at least within ten (10) days prior notice to Landlordthereafter, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense expense, by the payment thereof or by filing any bond required by law. If Tenant shall fail to discharge any such mechanic’s or materialmen’s lien, Landlord may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive, or release, the default of Tenant in accordance with plans not discharging the same. It is understood and specifications which have been previously submitted to agreed by Landlord and approved in writing by Tenant that any such Alterations shall be conducted on behalf of Tenant and not on behalf of Landlord, and that Tenant shall be installed by a licensed, insured, deemed to be the “owner” (and bonded contractor (reasonably approved by not the “agent” of Landlord) ). It is further understood and agreed that in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect event Landlord shall give its written consent to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of making any such Alterations, Tenant such written consent shall have not be deemed to be an agreement or consent by Landlord to subject Landlord’s interest in the work performed in such a manner as not to obstruct access to premises, the Industrial Center, Building or the Common Areas for Land to any other tenant of the Industrial Center, and as not to obstruct the business of Landlord mechanic’s or other tenants materialmen’s liens which may be filed in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred such alterations made by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensSUBJECT TO THE PROVISIONS OF PARAGRAPH 32 BELOW.
Appears in 1 contract
Alterations. Additions. Improvements and Installations bv Tenant: Tenant shall not install any signsnot, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less which will not be unreasonably withheld, make any changes, modifications, alterations, additions or improvements (other than Twenty Five Thousand Dollars Tenant's Improvements under the Work Letter) to, nor install any equipment or machinery ($25,000.00other than office equipment and unattached personal property) on, the Premises (all such changes, modifications, alterations, additions, improvements other than Tenant's Improvements under the Work Letter and which do not installations approved by Landlord are herein collectively referred to as "Installations") if any such Installations would (i) affect structural or load bearing portions of the Building Premises, (ii) result in a material increase of electrical usage above the normal type and amount of electrical current to be provided by Landlord, (iii) result in an increase of Tenant's usage of heating or air conditioning, (iv) impact mechanical, electrical or plumbing systems or the structural integrity or structural components of in the Premises or the Building, (v) affect areas of the Premises which can be viewed from Common Areas, (vi) require greater or more difficult cleaning work (e.g., kitchens, reproduction rooms, and interior glass partitions) or (vii) violate any provision in Article 5 or Exhibit B attached hereto. In all eventsAll Installations shall be at Tenant's sole cost and expense. Without in any way limiting Landlord's consent rights, Landlord's consent shall be conditioned on (a) Landlord approving the contractor or person making such Installations and approves such contractor's insurance coverage to be provided in connection with the work, (b) Landlord's supervision of the work, (c) Landlord approving final and complete plans and specifications for the work and ( d) the appropriate governmental agency, if any, having final and complete plans and specifications for such work. All work performed by Tenant or its contractor relating to the Installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. Upon completion of the Installations, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord"as built" plans. All Alterations Installations that constitute improvements constructed within the Premises shall be surrendered with the Premises at Tenant’s sole cost the expiration or earlier termination of this Lease, unless Landlord requests that same be removed pursuant to Section 2.3 of this Lease. TENANT SHALL INDEMNIFY AND SAVE LANDLORD HARMLESS FROM ANY AND ALL COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM OR IN CONNECTION WITH ANY INSTALLATIONS PERFORMED BY OR ON BEHALF OF TENANT. All Installations performed by or on behalf of Tenant will be performed diligently and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlorda first-class workmanlike manner, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, regulations and rules of any public authority having jurisdiction over the Building and/or Tenant's and regulations of governmental agencies or authoritiesLandlord's insurance carriers. In performing Landlord will have the right, but not the obligation, to inspect periodically the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep on the Premises and may require changes in the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished method or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment quality of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienswork.
Appears in 1 contract
Sources: Commercial Lease Agreement (Natural Health Trends Corp)
Alterations. Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively which consent may be given or withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to any alterations, additions or improvements to the Premises which cost less than Twenty Five Thousand Dollars One Dollar ($25,000.001.00) and which do not affect per square foot of the Building systems or the structural integrity or structural components improved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. In Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all eventswork be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, Tenant shall deliver at least ten (10) days prior notice to Landlordtime, from and contractor for performance of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and work. Tenant shall obtain all required permits or other governmental approvals prior to commencing any of such for the work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) perform the work in compliance with all applicable Laws (includinglaws, but not limited toregulations and ordinances, all covenants, conditions and restrictions affecting the ADA)Premises, and all recorded matters the Rules and rules Regulations (hereafter defined). Tenant understands and regulations of the Industrial Center. In addition, all work with respect agrees that Landlord shall be entitled to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants supervision fee in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one amount of five percent (15%) of the total cost of the Alterationswork. If Tenant makes any Alterationsgovernmental entity requires, Tenant agrees as a condition to carry “Builder’s All Risk” insuranceany proposed alterations, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep additions or improvements to the Premises by Tenant, that improvements be made in the outside areas, and if Landlord consents to such improvements to the property on which the Premises are situated free from any liens arising out of any work performedoutside areas, materials furnished or obligations incurred by or on behalf of Tenant. then Tenant shall, prior at Tenant’s sole expense, make such required improvements to construction of any the outside areas in such manner, utilizing such materials, and all Alterationswith such contractors (including, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably if required by Landlord, and Landlord’s contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant shall provide such assurances to Landlordmake any improvement which incorporates any Hazardous Materials, including without limitationlimitation asbestos-containing construction materials into the Premises. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing; all alterations, waivers additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of lien, surety company performance bonds as Landlord and shall require to assure payment be surrendered with the Premises at the end of the costs thereof Term, except that Landlord may, by notice to protect Landlord Tenant, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the Industrial Center like installed either by Tenant or by Landlord at Tenant’s request and to repair any damage to the Premises arising from and against that removal. Except as otherwise provided in this Lease or in any loss Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord Shall be entitled to prompt reimbursement from any mechanic’s, materialmen’s or other liensTenant for all costs incurred.
Appears in 1 contract
Sources: Industrial Lease (Sunpower Corp)
Alterations. Except for cosmetic alteration projects that do not exceed $15,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall not install any signsmake no alterations, fixturesadditions, improvements, nor make decorations or permit any other alterations or additions improvements (individually, an “Alteration”, and collectively, the collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, except for . Landlord shall not unreasonably withhold its consent to any Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) which are not visible from the exterior of the Premises and which do not (i) affect the Building systems exterior of the Building, or (ii) penetrate any of the structural integrity or structural components portions of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA)roof, and all recorded matters and rules and regulations or (iii) require any material change to the basic floor plan of the Industrial Center. In additionPremises (including without limitation, all work with respect the adding of any material additional “office” square footage) or to any Alterations must be done structural or mechanical systems of the Premises, or (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building. Landlord may impose, as a good and workmanlike mannercondition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s approval of any plansdesignated mechanical and electrical contractors, specifications or working drawings obtain all required permits for Tenant’s the Alterations and shall not create nor impose any responsibility or liability on perform the part of Landlord for their completeness, design sufficiency, or work in compliance with any all applicable laws, ordinancesregulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations described above, rules and regulations Landlord shall be entitled to a supervision fee in the amount of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant 5% of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant makes any Alterations, Tenant agrees and consented to carry “Builder’s All Risk” insurance, in an amount approved by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and such other insurance CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures, equipment and furniture, shall become the property of Landlord may require, it being understood and agreed that all of such Alterations shall be insured surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s approval, require Tenant to remove by the Expiration Date or sooner termination date of this Lease, all or any Alterations installed either by Tenant in accordance with or by Landlord at Tenant’s request (collectively, the terms of this Lease immediately upon completion thereof“Required Removables”). Tenant shall keep have no obligation to remove any Tenant Improvements constructed pursuant to the Work Letter, but only as and to the extent set forth in the approved Plan and Cost Estimate. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the property on which the Premises are situated free from any liens arising out of any work performedaffected area to its pre-existing condition, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any reasonable wear and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienstear excepted.
Appears in 1 contract
Sources: Lease (AutoWeb, Inc.)
Alterations. 17.1 Tenant shall not install any signsmake no alterations, fixturesadditions or improvements (hereinafter in this section, “improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) in or to the Premises without the prior written consent of LandlordPremises, except for Alterations that cumulatively cost other than interior non-structural alterations, additions or improvements costing less than Twenty Five Fifty Thousand Dollars ($25,000.0050,000) and which do (“Permitted Alterations”), without notice to Landlord. For any alteration not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all eventsa Permitted Alteration, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications and working drawings for the improvements.
17.2 The improvements shall be constructed only by licensed contractors. Tenant shall cause any such contractor must have in force a general liability insurance policy of not less than $3,000,000, property damage insurance, and other insurance or at such higher limits as Landlord may reasonably require, which have been previously submitted to and approved in writing by policy of insurance shall name Landlord, Landlord’s property manager and shall be installed by a licensedlender, as an additional insured. Except for the negligence or willful misconduct of Landlord’s Agents (as hereinafter defined), each contractor, and bonded contractor (reasonably approved by Tenant with respect to any activity of each contractor, shall indemnify defend and hold Landlord and Landlord) in compliance with ’s Agents harmless from and against any and all applicable Laws claims, demands, liabilities, damages, actions, losses, costs and expenses (including, but not limited to, the ADAreasonable attorneys’ fees), to the extent arising out of or in connection with the presence on the Premises of, and the actions or failures to act of, such contractors or subcontractors. Tenant shall provide Landlord with the name of all contractors prior to the commencement of construction. Tenant shall maintain, and shall provide copies to Landlord of, all plans, specifications, drawings (including, particularly, “as-builts”) of any and all recorded matters improvements, alterations, additions, renovations, repairs, installations of fixtures or other equipment and rules the like for which as-built drawings are typically provided. Landlord shall be permitted to observe any and regulations all such work by Tenant on the Premises so long as Landlord does not interfere with or hinder any of Tenant’s use or occupancy of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiencyPremises, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of construction.
17.3 Tenant agrees that any such Alterations, work by Tenant shall have the work performed be accomplished in such a manner as not to obstruct access permit any fire sprinkler system and fire water supply lines to remain fully operable at all times except when minimally necessary for building reconfiguration work.
17.4 Tenant covenants and agrees that all work done by Tenant shall be performed and completed in substantial compliance with the Industrial Centerplans and specifications and in compliance with all laws, or the Common Areas for any other tenant of the Industrial Centerrules, orders, ordinances, directions, regulations, permits, approvals, and as not to obstruct the business requirements of Landlord or other tenants all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in the Industrial Center, or interfere substantial compliance with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached heretorules, as Additional Rent hereunderorders, directions, regulations, and requirements of any applicable fire rating bureau.
17.5 Before commencing any work (other than Permitted Alterations), Tenant shall reimburse give Landlord at least five (5) days’ prior written notice of the proposed commencement of such work.
17.6 All alterations, additions and improvements installed in, on or about the Premises, shall be part of the Building and shall be the property of Landlord.
17.7 Notwithstanding anything herein to the contrary, within ten (10) days after demandupon the expiration or termination of the Lease term, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep surrender the Premises containing at least as much laboratory space as existed on the Premises on the Term Commencement Date, and the property on which laboratory space will be of substantially the Premises are situated free from any liens arising out of any work performedsame character, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlordquality, and Tenant shall provide such assurances to Landlordutility as existed on the Term Commencement Date, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord ordinary wear and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienstear excepted.
Appears in 1 contract
Alterations. Tenant shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises Alterations without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars which consent may be granted or withheld in Landlord's sole discretion. Landlord may impose any reasonable conditions to its consent, including, without limitation, ($25,000.00i) delivery to Landlord of written and which do not affect unconditional waivers of mechanic's and materialmen's liens as to the Premises, the Building systems or and the structural integrity or structural components Land for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations, (ii) prior approval of the Premises or plans and specifications and Tenant's contractor(s) with respect to the BuildingAlterations, (iii) supervision by Landlord's representative at Tenant's expense of the Alterations and (iv) delivery to Landlord of payment and performance bonds naming Landlord and Mortgagee as obligees. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All The Alterations shall conform to the requirements of Landlord's and Tenant's insurers and of the Federal, state and local governments having jurisdiction over the Premises, shall be at Tenant’s sole cost and expense performed in accordance with plans the terms and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations provisions of the Industrial Center. In addition, all work with respect to any Alterations must be done this Lease in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations manner befitting a first class office building and shall not create nor impose any responsibility adversely affect the value, utility or liability on character of the part of Premises. If the Alterations are not performed as herein required, Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not right, at Landlord's option, to obstruct access to the Industrial Centerhalt any further Alterations, or to require Tenant to perform the Common Areas for any other tenant Alterations as herein required or to require Tenant to return the Premises to its condition before such Alterations. Subject to Section 13.3 herein, all Alterations and fixtures, whether temporary or permanent in character, made in or upon the Premises either by Tenant or Landlord, will immediately become Landlord's property and, at the end of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep Term will remain on the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of without compensation to Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 1 contract
Alterations. Tenant Prior to February 1, 1990, Landlord shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done complete in a ----------- good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing manner the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F B attached heretohereto and made a part hereof (the "Primary Work"). If the Primary Work is not completed prior to February 1, as Additional Rent hereunder1990, Tenant shall reimburse Landlord, within ten (10) days after demand, receive a credit of one day's Base Rent and Expenses for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of each day thereafter until the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofPrimary Work is completed. Tenant shall keep not, without Landlord's prior written consent, alter or remodel the Premises and Premises; Landlord's consent shall not be unreasonably withheld or delayed. In the property on which event that Landlord consents to any proposed alteration or remodeling of the Premises are situated free from any liens arising out Premises, such consent shall specify whether Landlord will require Tenant to remove the same upon expiration of any the Term. All work performed, materials furnished or obligations incurred performed by or on behalf of Tenant shall be in accordance with good construction practices, all applicable laws, insurance requirements, and Landlord's reasonable rules and regulations. Further, Landlord shall have no responsibility or liability for any loss or damage to any property belonging to Tenant. Tenant shall obtain at Tenant's sole expense all certificates and approvals which may be necessary so that a certificate of occupancy for the Premises (if any is required) may be issued. Copies of all such certificates shall be delivered to Landlord. Prior to the commencement of any work by Tenant, Tenant shall (i) obtain or cause to be obtained public liability and workmen's compensation insurance to cover every contractor to be employed by Tenant and such contractor's subcontractors, and shall deliver duplicate originals of all certificates of such insurance to Landlord for approval; (ii) furnish Landlord with all necessary permits, licenses, approvals, certificates and authorizations for prosecution and completion of such work; and (iii) furnish Landlord with such other documents as may be reasonably requested by Landlord. Tenant shall also pay the cost of all signage and the installation thereof. Landlord shall have the right, but not the duty, to inspect construction operations in connection with any work completed or being completed on the Premises. All alterations, improvements and additions whether temporary or permanent in character made by Landlord or Tenant in or upon the Premises shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and unless Landlord specifies that the Tenant shall provide remove such assurances alterations, improvements and additions upon the termination of this Lease (in which event Tenant shall so remove the same upon the termination of this Lease), become Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise, without compensation to LandlordTenant. Nothing herein shall give Landlord any interest in Tenant's personal property, office furniture, office equipment, trade fixtures (including without limitationtrack lighting), waivers cables, data processing equipment or appliances, which shall remain the property of lien, surety company performance bonds as Landlord shall require Tenant subject to assure payment the provisions of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensSection 5.4 hereof.
Appears in 1 contract
Sources: Building Lease (Coyote Sports Inc)
Alterations. Tenant shall not install any signsmake no alterations, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises without the prior written consent of Landlord, except which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, but subject to the provision of the next succeeding sentence, Landlord’s consent shall not be required (but prior notice shall be given to Landlord) for Alterations that cumulatively alterations, additions or improvements to any individual Building during the Term which cost less than Twenty Five Two Hundred Thousand Dollars ($25,000.00200,000.00) in the aggregate. Notwithstanding anything to the contrary contained in the preceding two (2) sentences, without the prior written consent of Landlord, which may be withheld in Landlord’s sole and which do not absolute discretion, in no event shall any alteration, addition or improvement (i) affect the exterior of the applicable Building systems or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural integrity or structural components portions of the Premises applicable Building, including but not limited to the roof, or (iii) require any change to the floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the applicable Building, (v) utilize other than building standard materials as set forth in Exhibit X-1, or (vi) diminish the value of the Premises. In all eventsLandlord may impose, Tenant shall deliver at least ten (10) days prior notice as a condition to Landlordits consent, from any requirements that Landlord in its reasonable discretion may deem reasonable or desirable, including but not limited to requirements as to the date Tenant intends to commence constructionmanner, sufficient to enable Landlord to post a Notice time, and contractor for performance of Non-Responsibility and the work. Tenant shall obtain all required permits or other governmental approvals prior to commencing any of such for the work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) perform the work in compliance with all applicable Laws laws, regulations and ordinances, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations. Tenant understands and agrees that Landlord shall be entitled to a supervision fee for any alterations work for which Landlord’s consent is required herein. Such supervision fee shall be in amount equal to two percent (2%) of the cost of any such work, not to exceed Two Thousand Dollars ($2,000.00). If any governmental entity requires, as a condition to any proposed alterations, additions or improvements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant’s sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, but not limited toif required by Landlord, Landlord’s contractors) as Landlord may require in its sole discretion. Under no circumstances shall tenant make any improvement which incorporates any Hazardous Materials, including without limitation asbestos-containing construction materials into the ADA)Premises. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and all recorded matters furniture) shall become the property of Landlord and rules and regulations shall be surrendered with the Premises at the end of the Industrial Center. In additionTerm, except that Landlord may, as provided in the next succeeding paragraph of this Section 7.3, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all work with respect or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s request and to repair any Alterations must damage to the Premises arising from that removal. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall be done in a good and workmanlike mannerentitled to prompt reimbursement from Tenant for all reasonable costs incurred. As of the expiration or earlier termination of the Term, Landlord shall have the right to require Tenant to remove (i) any of the components of the initial Tenant Improvements to the Premises but only if Landlord notifies Tenant that such removal will be required at the time of Landlord’s approval of the plans therefor following a written request by Tenant as to whether or not Landlord will require such removal, and (ii) any planssubsequent alterations, specifications additions or working drawings for improvements, whether or not Landlord’s consent was required, but only if Tenant asked Landlord in writing before making such subsequent alterations, additions or improvements whether or not Landlord would require such removal and Landlord notified Tenant in writing within five (5) business days of its receipt of Tenant’s Alterations request that Tenant would have to remove such items upon the expiration of the Lease Term. If Landlord fails to respond to Tenant’s notice within the time required, Landlord shall be deemed to have not create nor impose any responsibility required the removal of the proposed alterations, additions or liability on the part of improvements. Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant agree that Tenant shall have the work performed in such a manner as right, upon expiration or termination of this Lease, to remove any and all phone systems, furniture, fixtures and other personal property which are not to obstruct access permanently affixed to the Industrial CenterPremises or which may be removed without significant change to the Premises (including floor coverings, or the Common Areas for any other tenant of the Industrial Centerdraperies, and as not to obstruct the business of Landlord or other tenants and/or removable shelves) that are installed in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Premises at Tenant’s Alterationssole expense; provided, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterationshowever, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of at its sole cost, repair any damage caused by such removal, reasonable wear and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other lienstear excepted.
Appears in 1 contract
Sources: Sublease Agreement (Palm Inc)
Alterations. Tenant Subject to the terms of Section 7.01 of this Sublease and further subject to the terms and conditions of the Master Ground Lease and the University and the Board’s approval, which approval will not be unreasonably withheld, subtenant shall not install any signshave the right, fixturesfrom time to time, improvementsto make exterior additions, nor make or permit any other alterations or additions and changes (individually, an “Alteration”, and collectively, the sometimes referred to collectively as “Alterations”) in or to the Premises without Facilities (which term shall, when used in this Section 11.03, include any replacement or substitution thereof), provided that no Event of Default shall exist by Subtenant in the prior written consent performance of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same Subtenant’s covenants or agreements in this Sublease, subject however, to Landlord. All the following:
(a) No Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications made which have been previously submitted to and approved in writing by Landlord, and would impair the structural soundness of the Facilities.
(b) No Alterations shall be installed by a licensedundertaken until Subtenant shall have procured and paid for, insuredso far as the same may be required from time to time, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (includingpermits, licenses and authorizations of the City and all required consents of Permitted Mortgages having a first priority interest in or lien upon the Premises. Sublessor shall join, but not limited towithout expense to Sublessor, in the ADA)application for such applicable permits, licenses or authorizations as the City may require.
(c) Any alterations shall be commenced and all recorded matters completed within a reasonable time (subject to Force Majeure) and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or manner and in substantial compliance with the Design Guidelines, all applicable permits, licenses and authorizations and building codes or laws issued or promulgated by the City, as the same may be enforced.
(d) If any laws, ordinances, rules involuntary liens for labor and regulations of governmental agencies materials supplied or authorities. In performing the work of any such Alterations, Tenant shall claimed to have the work performed in such a manner as not to obstruct access been supplied to the Industrial CenterPremises shall be filed, Subtenant shall pay or bond around such liens to Sublessor’s reasonable satisfaction or otherwise obtain the Common Areas for release or discharge thereof at least sixty (60) days prior to the time that any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants interest in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except Premises Facilities may become subject to forced sale with respect to the Tenant Improvements set forth such involuntary liens.
(e) Worker’s compensation insurance or employer’s excess indemnity and occupational accident medical expense coverage shall be maintained in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord force covering all persons employed in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) the development and construction of the total cost of Premises with respect to whom death or bodily injury claims could be asserted against Sublessor, Subtenant or the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensPremises.
Appears in 1 contract
Sources: Office Lease (Spherix Inc)
Alterations. (a) Except as otherwise set out in Section 5.1(f), Tenant shall not install any signs, fixtures, improvements, nor make or permit to be made any other alterations or Alterations without Landlord's prior written consent. Reference is made to Exhibit "G" hereto, which contains the Tenant Design and Construction Standards applicable to the Building, which is incorporated by reference in this Lease. Landlord reserves the right to make reasonable changes and additions thereto.
(individually1) Prior to making any such Alterations, an “Tenant shall (i) submit to Landlord two (2) sets of detailed plans and specifications (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Requirements for each proposed Alteration”, and collectivelyTenant shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall not be unreasonably withheld or delayed, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the “"as built" plans and specifications for such Alterations”) . All Alterations shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord, all Requirements, Restrictive Covenants, and the Rules and Regulations. All materials and equipment to be incorporated in the Premises without as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, any such Alteration for which the prior written consent cost of labor and materials (as estimated by Landlord's architect, except for Alterations that cumulatively cost less than Twenty engineer or contractor) is in excess of Seventy-Five Thousand Dollars ($25,000.0075,000.00), either individually or in the aggregate with any other Alteration constructed in any twelve (12) month period, shall be performed only under the supervision of a licensed architect satisfactory to Landlord.
(2) Landlord reserves the right to disapprove any plans and specifications in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information; provided, however, that Landlord shall be reasonable in its exercise of these rights. Additionally, Landlord shall be deemed to have approved Tenant's plans and specifications if Landlord fails to respond to Tenant's plans and specifications within fifteen (15) days of Landlord's receipt thereof. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Requirements, Restrictive Covenants or otherwise.
(c) Alterations shall be performed at Tenant's expense and at such times and in such manner as Landlord may from time to time reasonably designate, unless, at the time of the Alterations, Tenant is the only occupant of the Building and Building No. 1, in which event, Tenant may control the times and manner (but always in accordance with all Requirements) to perform the Alterations. All Alterations shall become a part of the Building and shall be Landlord's property from and after the installation thereof and may not be removed or changed without Landlord's consent. Notwithstanding the foregoing, however, Landlord, upon notice given at least sixty (60) days prior to the Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any specified Alterations (other than those comprising part of Building Standard Condition) and which do not affect the to repair and restore in a good and workmanlike manner to Building systems or the structural integrity or structural components of Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the BuildingBuilding caused by such removal. In all eventsAll Tenant's Property shall remain the property of Tenant and, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable unless Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits agree otherwise, on or other governmental approvals prior before the Expiration Date shall, at Tenant's cost, be removed from the Premises by Tenant, and Tenant shall repair and restore in a good and workmanlike manner to commencing Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. The provisions of such work and deliver a copy this Section 5.1(c) shall survive the expiration or earlier termination of same to Landlord. this Lease.
(1) All Alterations shall be performed, at Tenant’s 's sole cost and expense expense, by contractors, subcontractors or mechanics approved by Landlord in accordance Landlord's reasonable discretion.
(2) Notwithstanding the foregoing, with plans and specifications which have been previously submitted respect to and approved in writing any Alteration affecting any Building Systems, (i) Tenant, if required by Landlord, shall employ Landlord's or the Manager's designated contractor, and (ii) the Alteration shall, if required by Landlord, at Tenant's expense, be designed by either Landlord's or the Manager's engineer.
(1) Any mechanic's lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be installed canceled or discharged by a licensedTenant, insuredat Tenant's expense, within twenty (20) days after such lien shall be filed, by payment or filing of the bond required by law, and bonded contractor Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(reasonably approved 2) If Tenant shall fail to discharge such mechanic's lien within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by Landlordpaying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) in compliance with Any amount paid by Landlord for any of the aforesaid charges and for all applicable Laws expenses of Landlord (including, but not limited to, the ADA), attorneys' fees and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done disbursements) incurred in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of defending any such Alterationsaction, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the maximum legal rate of interest then chargeable to Tenant from the date of payment, shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the be repaid by Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demandwritten demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent.
(f) Notwithstanding anything to the contrary set forth in this Article V, Tenant, without Landlord's consent, is permitted to make Alterations to the Premises which relate only to the cosmetic appearance, nonstructural components, and/or non-load-bearing portions of the Premises (and which do not affect the structural and/or load-bearing elements of the Building or the Building Systems), provided such Alterations do not cost, in the aggregate, more than Seventy-Five Thousand Dollars ($75,000.00) during any twelve (12) month period during the Term.
Section 5.2. Tenant shall reimburse Landlord, within five (5) Business Days after demand therefor, for actual and any reasonable legal, engineering, architectural, planning and other expenses out-of-pocket expense incurred by Landlord for reviewing the plans and specifications for any Alterations or inspecting the progress of completion of the same.
Section 5.3. Landlord, at Tenant's expense, and upon the request of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent any permitted Alteration (1%) provided that the provisions of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, applicable Requirements shall require that Landlord join in an amount approved by Landlord such application) and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by otherwise cooperate with Tenant in accordance with the terms of this Lease immediately upon completion thereofconnection therewith, provided that Landlord shall not be obligated to incur any cost or expense or liability in connection therewith.
Section 5.4. Tenant shall keep furnish to Landlord copies of records of all Alterations and of the Premises and cost thereof within fifteen (15) days after the property on which the Premises are situated free from any liens arising out completion of any work performedsuch Alterations.
Section 5.5. TENANT HEREBY ACCEPTS THE PREMISES "AS IS, materials furnished or obligations incurred by or on behalf of TenantWHERE IS," AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE SET FORTH IN THIS LEASE.
Section 5.6. Tenant shallshall not, at any time prior to construction or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if such employment would unreasonably interfere or cause any unreasonable conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required the Building by Landlord, Tenant or others, or of any other property owned by Landlord. In the event of any such unreasonable interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
Section 5.7. During the course of any Alteration and any construction by Landlord, whether on the Land or on any real property adjacent to the Land, Landlord and Tenant shall provide such assurances cooperate with each other, and shall cause their contractors and subcontractors to Landlordcooperate, including without limitation, waivers of lien, surety company performance bonds so as Landlord shall require to assure payment of the costs thereof to protect Landlord minimize interruption and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensinterference with each other's construction activities.
Appears in 1 contract
Alterations. Tenant shall will not install make any signsalterations, fixturesrepairs, improvements, nor make additions or permit any other alterations improvements in or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises (for purposes of this Article 12, any of the foregoing being referred to as the “Work”) or add, disturb or in any way change any plumbing, wiring, life/safety or mechanical systems, locks, or structural portions of the Building without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or Landlord as to the structural integrity or structural components character of the Premises Work, the manner of doing the Work, and the contractor(s) doing the Work. Such consent shall not be unreasonably withheld or delayed, if such Work is required of Tenant or is the Buildingobligation of Tenant pursuant to this Lease Agreement. In As a condition to Landlord’s consent to Work proposed by Tenant, Landlord may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish surety performance and/or payment bonds or other security for the payment of all eventscosts incurred in connection with such Work, insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. If such Work is performed by contractor(s) not retained by Landlord, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any upon completion of such work Work, (i) deliver to Landlord evidence that payment for all such Work has been made by Tenant, contractors’ affidavits and deliver full and final mechanic’s lien waivers and (ii) pay to Landlord a copy construction supervision fee of same five percent (5%) of the total cost of such Work, but in no event less than $500.00 to Landlordreimburse Landlord for the costs incurred by its construction manager in inspecting and supervising such Work. All Alterations such Work shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations manner using quality materials and shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance comply with any all applicable governmental laws, ordinances, rules and regulations of governmental agencies or authoritiesregulations. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builderindemnify and hold Landlord free and harmless from any liability, loss, cost, damage or expense (including attorney’s All Risk” insurance, in an amount approved fees) by Landlord and such other insurance as Landlord may require, it being understood and agreed that all reason of any of such Alterations shall be insured by Tenant in accordance with the terms Work. The provisions of Article 27 of this Lease immediately upon completion thereof. Tenant Agreement shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior apply to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensWork performed under this Article 12.
Appears in 1 contract
Alterations. ▇▇▇▇▇▇ agrees to accept the Premises in its current “as-is” condition, and Landlord makes no representations or warranties of any kind as to the suitability of the Premises for any purpose whatsoever or as to the physical condition thereof (including, without limitation, the environmental condition) or otherwise, except as otherwise expressly provided in this Lease. Nothing contained herein shall obligate Landlord to make any changes or alterations in the Premises. Tenant shall not install make any signs, fixtures, improvements, nor make additions or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the Landlord’s prior written consent of consent, which may be withheld in Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building’s sole discretion. In all eventsthe event that Landlord shall consent to any such alterations, Tenant shall deliver make such alterations at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s its sole cost and expense subject in accordance with plans all cases to the following conditions:
(i) Tenant shall procure and specifications which have been previously submitted pay for all required permits and authorizations of all municipal authorities and government subdivisions having jurisdiction over the Premises prior to undertaking any alteration;
(ii) Tenant shall make any alteration promptly in a good and approved in writing by Landlord, workmanlike manner and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (includingcovenants, but not limited topermits and authorizations, the ADA)building and zoning laws, and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any other laws, ordinances, orders, rules, regulations and requirements of all municipal authorities and government subdivisions having jurisdiction over the Premises;
(iii) prior to commencement of construction of any alteration, Tenant shall cause to be furnished to Landlord from Tenant and ▇▇▇▇▇▇’s contractors certificates of general commercial liability and worker’s compensation insurance, naming Landlord and its designees as additional insured and otherwise reasonably satisfactory to Landlord together with proof of all required licenses. Landlord shall have the right to inspect the construction of such alterations at any time, and the same shall be performed in accordance with such reasonable rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensimpose.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Tenant shall not install any signsmake no alterations, fixturesdecorations, improvements, nor make additions or permit any other alterations improvements in or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the Landlord's prior written consent consent, and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Project or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars rules, orders, ordinances, directions, regulations and requirements ($25,000.00including, without limitation, all those relating to office safety and environmental quality) of all governmental agencies, offices, departments, bureaus and which do not affect boards having jurisdiction and in full compliance with the Building systems or the structural integrity or structural components rules, orders, directions, regulations and requirements of the Premises or the BuildingPacific Fire Rating Bureau and of any similar body. In all eventsBefore commencing any work, Tenant shall deliver give Landlord at least ten (10) days prior written notice to Landlord, from of the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any proposed commencement of such work and deliver a copy of same to shall, if required by Landlord. All Alterations shall be , secure at Tenant’s sole 's own cost and expense in accordance with plans a completion and specifications which lien indemnity bond, satisfactory to Landlord, for such work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Project, or any portion thereof, for work claimed to have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiencyfor, or compliance with any lawsmaterials claimed to have been furnished to Tenant, ordinanceswill be discharged by Tenant, rules and regulations of governmental agencies by bond or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlordotherwise, within ten (10) days after demandthe filing thereof, for actual at the sole cost and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf expense of Tenant. Tenant All alterations, decorations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wall covering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant, give at least thirty (30) days prior to construction the end of any the Term, require Tenant to remove all partitions, counters, railings and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required the like installed by LandlordTenant, and Tenant shall provide repair or, at Landlord's option, shall pay to the Landlord all costs arising from such assurances removal. All personal property, office machinery and equipment, furniture, moveable partitions and trade fixtures owned by Tenant or installed by Tenant at its expense in the Premises ("Personal Property") shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term when Tenant is not in default hereunder. If Tenant shall fail to Landlordremove all of its effects from said Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its option, remove the same in any manner that Landlord shall choose, and store such Personal Property without liability to Tenant for loss thereof and Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession; or Landlord may, at its option, without limitationnotice, waivers of liensell Tenant's Personal Property, surety company performance bonds in accordance with applicable California law at a private sale and without legal process, for such price as Landlord shall require may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant to assure payment of the costs thereof to protect Landlord and upon the Industrial Center from expense incident to the removal and against any loss from any mechanic’s, materialmen’s or other lienssale of such Personal Property.
Appears in 1 contract
Alterations. Tenant shall not install make any signsalterations, fixtures, improvements, nor make or permit any other alterations or additions and improvements (individually, an “Alteration”, and collectively, the hereinafter “Alterations”) to on the Leased Premises without the Landlord’s prior written consent, which consent of LandlordLandlord may, except for in its discretion, withhold. As to any Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and to which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all eventsLandlord consents, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance performed with plans and specifications which have been previously submitted to and therefore first approved in writing by Landlord, Landlord and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance accordance with all applicable Laws (includinglaws and ordinances. Tenant shall, but not limited toprior to the commencement of such work, the ADA)deliver to Landlord binding waivers of liens from all mechanics and material supplies, and copies of all recorded matters and rules and regulations of the Industrial Centerrequired permits. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. At Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of option (exercised by notice in writing form Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, to Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, given within ten (10) days after demandLandlord receives Tenant’s plans and specifications), for actual and reasonable legalsuch work shall be performed by employees of or contractors employed by Landlord, engineering, architectural, planning and other expenses incurred by at Tenant’s expense. Tenant shall permit Landlord to monitor construction operations in connection with Tenant’s Alterationssuch work, plus Tenant shall pay and to restrict, as may reasonably be required, the passage of workers and materials, and the conducting of construction activity in order to avoid unreasonable disruption to Landlord a fee equal or to one percent (1%) of other parties or other damage to the total cost of the AlterationsLeased Premises. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon Upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any such work performed, materials furnished or obligations incurred by or on behalf of Tenant, Tenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors’ statements and supporting lien waivers) evidencing payment in full for such work, as “as built” working drawings. In the event Tenant performs any work not in compliance with the provisions of this paragraph, Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to construction the performance thereof. If Tenant fails so to remove such work and restore the Leased Premises as aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of any Landlord under this Lease, at law or in equity, enter the Leased Premises and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, perform such obligation of tenant and Tenant shall provide such assurances reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefore by Landlord, including without limitation, waivers of lien, surety company performance bonds as . Such entry by Landlord shall require to assure payment not be deemed an eviction or disturbance of Tenant’s use or possession of the costs thereof Leased Premises nor render Landlord liable in any manner to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensTenant.
Appears in 1 contract
Alterations. Tenant shall not install make any signsalterations, fixtures, improvements, nor make additions or permit any other alterations or additions improvements to the Premises (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord (any such consent is referred to as an “Alterations Consent”), which consent Landlord shall not unreasonably withhold, condition or delay; provided, that Tenant may install unattached, movable trade fixtures, which may be installed without drilling, cutting or otherwise defacing the Premises, without Landlord, except ’s consent. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s consent to any Alterations that cumulatively if the desired Alterations: (i) are reasonably likely to affect the Building’s Systems or Building’s Structure; (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; (iii) are estimated to cost less than Twenty Five in excess of Fifty Thousand Dollars ($25,000.0050,000); or (iv) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and which do not affect the Building systems or the structural integrity or structural components prior to commencement of the Premises or the Building. In all eventsAlterations, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility any building permit required by applicable Law and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same the executed construction contract(s). Tenant shall reimburse Landlord within thirty (30) days after the rendition of a ▇▇▇▇ for all of Landlord’s reasonable and documented actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to Landlord. All Alterations the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and by a contractor approved in writing by Landlord and Landlord shall not unreasonably withhold, condition or delay such approval. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, and which consent Landlord shall be installed by a licensednot unreasonably withhold, insuredcondition or delay, and bonded contractor (Tenant shall not use any portion of the Common Areas either within or without the Building or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant proposes to construct are reasonably approved by Landlord) likely to result in compliance Landlord being required to make any alterations and/or improvements to other portions of the Building or Complex, as applicable, in order to comply with all any applicable Laws (including, but not limited to, the ADAa “Parallel Alteration”), and all recorded matters and rules and regulations then Landlord shall give Tenant notice of the Industrial Center. In addition, all work with respect to any Alterations must be done such Parallel Alteration in a good and workmanlike manner. Landlord’s approval corresponding Alterations Consent. If (i) Landlord gives notice of any plans, specifications or working drawings for Tenant’s a Parallel Alteration in its corresponding Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial CenterConsent, and as not (ii) Tenant performs the corresponding proposed Alteration thereby causing Landlord to obstruct perform the business of Landlord or other tenants in the Industrial CenterParallel Alteration, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, then Tenant shall reimburse Landlord, within ten thirty (1030) days after demanddemand therefor, for actual all reasonable and reasonable legal, engineering, architectural, planning documented costs and other expenses incurred by Landlord in connection making such Parallel Alterations. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with Tenant’s the Premises upon the expiration or sooner termination of this Lease, provided that if Landlord notifies Tenant in its corresponding Alterations Consent that Tenant must remove such Alterations after the Expiration Date, then Tenant shall, at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) Business Days after the Expiration Date) remove such Alterations made by Tenant and repair and restore the Premises in a good and workmanlike manner to the condition existing immediately before the construction of the subject Alterations, plus reasonable wear and tear excepted. All construction work done by Tenant within the Premises shall pay be performed in a good and workmanlike manner with materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to Landlord cause a fee equal to one percent (1%) minimum of interference with other construction in progress and with the total cost transaction of business in the AlterationsBuilding or Complex, as applicable. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insuranceindemnify, in an amount approved by defend and hold Landlord and harmless against any personal injury (including death) and, subject to the waiver of subrogation, against any loss, liability or damage to property resulting from such other insurance as Landlord may require, it being understood and agreed that all of such Alterations work. The foregoing indemnity shall be insured by Tenant in accordance with survive the terms expiration or earlier termination of this Lease immediately upon completion thereofLease. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out Landlord’s consent to or approval of any work performedalterations, materials furnished additions or obligations incurred by improvements (or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(sthe plans therefor) and/or major subcontractor(s) to provide insurance as reasonably required shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall provide be solely responsible for ensuring all such assurances to Landlordcompliance. All voice, including without limitationdata, waivers video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (A) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) installed in accordance with all EIA/TIA standards and the National Electric Code; and (C) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of liencable pathways, surety company performance bonds outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensmay reasonably request.
Appears in 1 contract
Sources: Office Lease Agreement (Cross Country Healthcare Inc)
Alterations. 12.1. Tenant shall be permitted, without Landlord’s consent, to make alterations, additions or improvements to the Premises so long as such alterations, additions or improvements (i) do not exceed $50,000.00 in the aggregate and (ii) do not, in any way, alter or affect the Building’s water, mechanical, electrical, or sprinkler systems or the HVAC equipment. Except as provided in Exhibit B, Tenant shall not make any alterations, additions, or other improvements in or to the Premises that exceed $50,000.00 or install any signs, fixtures, improvements, nor make or permit equipment of any other kind that will require any alterations or additions (individuallyor affect the use of the Building's water system, an “Alteration”heating system, and collectivelyplumbing system, HVAC system, or electrical system, or install any telephone or other type of antennae on the “Alterations”) to roof, in the Premises windows, or upon the exterior of the Premises, without the prior written consent of Landlord, except which shall not be unreasonably withheld or delayed. If any such alterations or additions are made by Tenant without Landlord's consent, Landlord may correct or remove them and Tenant shall be liable for Alterations any and all costs and expenses incurred in the correction or removal of such work. All plans and specifications for any such work shall be prepared by Tenant at Tenant's expense and shall thereafter be submitted to Landlord for review. All alterations and additions to the Premises shall be performed by Tenant, subject to Landlord’s written consent. As a condition of Landlord's consent to the use of Tenant's contractor, Tenant or Tenant's contractor must evidence to Landlord certain criteria including but not limited to: (a) insurance coverage to include: (i) worker's compensation coverage and (ii Public Liability Insurance, (Comprehensive General Liability or Commercial General Liability) insurance on an occurrence basis in an amount of no less that cumulatively cost less than Twenty Five Thousand Three Million Dollars ($25,000.003,000,000) which can be achieved through a combination of combined single limit and which do excess umbrella policies. Said coverage shall include provisions for blanket contractual liability, personal injury, complete operations, and broad form property damage.
(a) Tenant shall name Landlord and its agent as additional insureds; (b) lien waivers for such contractor or other persons; (c) specified completion performance and/or lien indemnity bonds and insurance; and (d) an acknowledgement by the contractor that such work is being performed for Tenant who is not affect the owner of the Building systems but a Tenant. All work with respect to such alterations and additions shall be done, at Tenant's sole expense, in a good and workmanlike manner and diligently prosecuted to completion to the end that Premises shall at all times be a complete unit except during the period necessarily required for such work. Tenant covenants and agrees that all Alterations contracted for by Tenant shall be performed in full compliance with all laws, ordinances, regulations and requirements of all governmental and quasi-governmental authorities having jurisdiction. Landlord shall not be liable for any damages or losses caused by Tenant's contractors, and Tenant agrees to pay any and all expenses, reasonable attorneys' fees, claims for and damages to persons or property which may arise directly or indirectly by reason of making any Alterations.
12.2. Tenant will ensure that no work within the structural integrity or structural components Premises will commence without proper authority (permits and approvals) from ▇▇▇▇ Arundel County. Upon completion of work, Tenant is required to secure from all contractors and subcontractors a “release of liens.” Upon completion of work, and prior to occupancy of the Premises or the Building. In all eventsPremises, Tenant will apply to the appropriate County authority for the requisite Use and Occupancy Permit, and shall deliver at least provide Landlord with a copy of the Use and Occupancy Permit within ten (10) days prior of Tenant’s receipt of same. Tenant shall not permit a mechanic's lien(s) to be placed upon the Premises, or the Building as a result of any alterations or improvements made by it and agrees, if any such lien be filed on account of the acts of Tenant, promptly to pay the same. In the event Tenant fails to pay any such lien, it may be paid by Landlord and the cost charged to Tenant as additional rent under this Lease. Tenant hereby expressly recognizes that in no event shall it be deemed an agent of Landlord and no contractor of Tenant shall by virtue of its contract be entitled to assert any lien against the Building. If any mechanic's lien, whether final, interlocutory or otherwise, is filed against the Premises or the Building for work claimed to have been furnished to Tenant, such mechanic's lien shall be discharged by Tenant, at its sole cost and expense, within five (5) days from receipt of notice of such lien, either by the satisfaction in full of the lien or by filing any bond required by law to fully discharge the lien. If Tenant shall fail to discharge any such mechanic's lien, Landlord may, at its option, discharge the same and treat the cost thereof, together with any other costs or expenses incurred by Landlord, including reasonable attorneys' fees, as additional rent, due and payable upon receipt by Tenant of a written statement of costs from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All It is hereby expressly agreed that such discharge of any mechanic's lien by Landlord shall not be deemed to waive or release Tenant from its default under the Lease for failing to discharge the same.
12.3. Except as otherwise provided herein, all alterations or additions shall become a part of the realty and surrendered to Landlord upon the expiration or termination of this Lease. Landlord, in Landlord’s sole discretion, may permit Tenant to remove at Tenant’s sole expense, without causing material damage to the Premises and the Building, any fixtures, property or Alterations shall be installed by Tenant for which Tenant has not been granted any credit or allowance by Landlord. Notwithstanding anything to the contrary set forth in the Lease and this Article 12, Tenant, at Tenant’s sole cost and expense, shall remove any and all bank vaults, safes, safety deposit boxes, ATM’s and night depository drop-boxes from the Premises prior to the expiration or earlier termination of the Lease. Landlord shall have the right at Tenant's expense to repair all damage and injury to the Premises or the Building caused by such removal or to require Tenant to do the same. In all cases where Tenant is responsible for the removal of fixtures, personal property or Alterations, including the Bank equipment referenced in accordance with plans this Section 12.3, Tenant shall repair any damage to the Premises and specifications which have been previously submitted restore the Premises to the condition existing at the time of execution of this Lease, or, at Landlord's option, shall pay to Landlord all Landlord's reasonable costs of such repair.
12.4. Any changes, modifications, alterations or additional work within the premises shall be at Tenant's sole cost and approved in writing by Landlordexpense, and shall be subject to Landlord’s written approval, which approval shall not be unreasonably withheld or delayed. Tenant shall be responsible for all costs and compliance with any permit required by the applicable federal, county and/or state codes in connection with the Alterations, including any requirements under the ADA.
12.5. Business machines and mechanical equipment belonging to Tenant, which cause noise, vibration or other types of interference that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the Building, shall be installed and maintained by a licensedTenant, insuredat its sole expense, on vibration eliminators or other devices sufficient to eliminate such noise, vibration or interference.
12.6. Tenant, at Tenant’s expense, may install, modify, and bonded contractor (reasonably approved maintain exterior signage which is consistent with other Old Line Bank Branches in the Baltimore/Washington metropolitan area, including Tenant’s logo, on the Building structure in a location to be mutually agreed-upon by Landlord and Tenant and, if permitted by applicable local laws, ordinance, and regulations, install exterior signage on the roof of Landlord) in compliance ’s Building. In addition to the signage located on the exterior of the Building, Tenant may install, modify, and maintain signage on the free standing pylon/marquee located on Riva Road at the entrance of the Building Tenant’s proposed signage shall be subject to Landlord’s approval, which approval will not be unreasonably withheld or delayed.. Tenant’s exterior signage must comply with all applicable Laws (includinggovernmental regulations. Any signs, but notices, logos, pictures, names or advertisements which are installed and that have not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount been individually approved by Landlord and such other insurance as may be removed without notice by Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with at the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf sole expense of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 1 contract
Alterations. (a) During the term of this Lease and all extensions thereof, Tenant shall not install any signsnot, fixtures, improvements, nor make or permit others under its control to, make any other additions, alterations and changes in or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Building on the Premises without (hereinafter referred to as "Tenant-Made Alterations"), unless Tenant first obtains the prior written consent of LandlordLandlord and, except thereafter, procures and pays, or causes to be procured and paid, all requisite municipal and other governmental permits and authorizations. Landlord shall join in the application for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems any such permit or the structural integrity or structural components of the Premises or the Building. In all eventsauthorization whenever required, but Tenant shall deliver at least ten (10) days prior notice to Landlord, indemnify and hold Landlord harmless against and from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility all costs and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to expenses which may be thereby incurred by Landlord. All Alterations such work shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or manner in compliance with any all applicable building, zoning and other laws, ordinances, rules ordinance government regulations and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten requirements.
(10b) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms Upon termination of this Lease immediately upon completion thereofor the expiration of the term of this Lease or any extension thereof herein provided for, by lapse of time or otherwise, all Tenant-Made Alterations, as constituted at the time, shall be and become the property of Landlord without requirement of the payment of any compensation or consideration. The term Tenant-Made Alterations, however, does not, for any purpose of this Lease, include moveable partitions and the like, and Tenant's machinery, equipment or trade fixtures even though affixed or attached to the land, building, or structure in such manner as, under the laws of New Mexico the same might be considered to be fixtures and part of the real estate. Upon termination of this Lease and the terms herein provided for, Tenant may, before or within a reasonable time after such termination, remove all such moveable partitions, machinery, equipment and trade fixtures. Tenant shall keep repair any damage to the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred occasioned by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensremoval.
Appears in 1 contract
Alterations. (a) Tenant shall not install any signsmake no alterations, fixturesinstallations, additions or improvements, nor make or permit including replacements of any other alterations or additions items (individually, an “Alteration”, and collectively, the herein collectively called “Alterations”) in or to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all eventsProject without Landlord’s prior written consent, which consent shall not be unreasonably conditioned, delayed or withheld Notwithstanding the foregoing, Tenant shall deliver be permitted to make any cosmetic Alterations costing less than $20,000 in the aggregate in any given year without necessity of obtaining Landlord’s consent. Landlord may condition its consent, if the requested Alteration would in Landlord’s reasonable opinion materially affect the structure, mechanical, plumbing, or electrical systems of the Project, upon Tenant’s agreeing to be responsible for all costs to integrate the Alteration with the structure of the Project or such systems. All Alterations which affect the structure of the Project or the HVAC, electrical, mechanical, or plumbing systems of the Project shall be performed by contractors reasonably approved by Landlord at least ten Tenant’s cost and expense, subject to the provisions of Section 7 above. Upon Tenant’s request, Landlord shall provide Tenant with copies of full-floor mechanical, plumbing, and electrical plans for the Premises in paper and/or electronic format generally utilized in the industry (10) days prior notice e.g., CAD format). Prior to performing any Alteration, Tenant, at its sole cost and expense, must provide to Landlord, from the date Tenant intends to commence constructionfor its review and approval, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same the full-floor mechanical, plumbing, and electrical plans for the floor or floors on which the Alterations are to Landlord. All Alterations shall be at made showing Tenant’s sole cost and expense proposed Alterations. Landlord agrees to cooperate in accordance with plans and specifications which have been previously submitted providing required access to and approved in writing by Landlord, and shall be installed work areas by a licensedfreight elevator and, insuredif required, to the exterior and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (roof of the Building including, but not limited toas provided in paragraph (b) of Section 13, the ADA), and all recorded matters and rules and regulations of the Industrial Centerallowing Tenant to erect an exterior lift. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access Subject to the Industrial Center, or the Common Areas for any other tenant provisions of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunderSection 7 above, Tenant shall reimburse Landlord, as Additional Rent, within ten (10) 15 days after demandfollowing a demand therefor, for all reasonable and actual and reasonable legal, engineering, architectural, planning and other expenses costs incurred by Landlord in connection with Tenant’s Alterations.
(b) Alterations which are in the nature of replacements of items that are the property of Landlord shall become the property of Landlord except that, plus upon the termination of this Lease, Tenant shall pay may elect to Landlord a fee equal to one percent (1%) remove all or part of such Alterations and replace them with materials of the total cost same quality as those originally replaced. Alterations which are not in the nature of replacements of items that are the Alterationsproperty of Landlord shall remain the property of Tenant and may be removed by Tenant, provided the Alterations can be removed without causing material damage to the Premises or the Project. If In the event Tenant makes removes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurancerepair all damage to the Project caused by the removal and to restore the Project to a condition no less than its condition immediately prior to the removal, in an amount approved by Landlord reasonable wear and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms tear excepted. Upon termination of this Lease immediately upon completion thereof. Tenant Lease, any Alterations left on the Project shall keep the Premises and become the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 1 contract
Alterations. Tenant shall not install make any signsalterations, fixturesadditions or improvements without Landlord's approval, which shall not be unreasonably withheld or delayed. In the event Tenant proposes any alterations, additions, or improvements, nor make it shall submit a complete set of plans and specifications relating thereto, prepared by any architect or permit professional engineer registered in the State of New Jersey to Landlord. Landlord, at its option, shall grant or deny approval within 15 days after receipt. Landlord may impose any other alterations conditions and/or requirements upon Tenant as Landlord considers necessary or additions (individually, an “Alteration”, prudent to protect Landlord's interest in the Premises. Tenant must agree in writing to adopt any such conditions and/or requirements before any approval is effective. If Landlord shall grant approval for the proposed work and collectivelyprovided Tenant has agreed to any conditions and/or requirements made a part of such approval, the “Alterations”) following additional conditions shall apply:
a. Prior to making any alterations, additions, or improvements Tenant shall assure itself that the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do work will not affect the Building systems or impair the structural integrity of the Premises, or any portion thereof. Approval of the proposed work by Landlord shall not constitute or imply a warranty or representation by Landlord that the existing Premises, or any part thereof, is adequate to withstand work proposed by Tenant. By making any alterations, additions, or improvements, Tenant expressly warrants that the same will not impair the structural components integrity of the Premises nor any part thereof and are in full compliance with the requirements of all governmental agencies or authorities having jurisdiction. Landlord reserves the Buildingright to approve or reject Tenant's contractor. In all eventsIf Tenant's proposed alteration involves a tie-in to building systems, Landlord further reserves the option of requiring Tenant to use Landlord's contractor.
b. All costs related to the proposed work, irrespective of their nature, are the sole responsibility of Tenant and shall deliver be promptly paid by Tenant at least ten (10) days prior notice to Landlordsuch time as they may be due.
c. All contractors, from the date Tenant intends to commence constructionlabor and/or material suppliers, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant similar parties shall obtain all permits or other governmental approvals agree, in writing, prior to commencing the commencement of any work or procurement of such materials: (1) to jointly comply with Tenant with the mechanics lien restrictions contained elsewhere in this Lease; (2) that they are entering into any agreements for labor and/or material with Tenant and not on behalf or for the benefit of Landlord; (3) that the work and deliver a copy of same to Landlord. All Alterations be done shall be at Tenant’s sole cost and expense in accordance conformance with the last plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and that no changes shall be made thereto without the approval of Landlord and Tenant; and (4) that they, and their employees and other agents, shall comply with all rules and regulations contained in Tenant's Lease regarding their conduct on the Premises. Proof of such other insurance as agreements shall be given to Landlord prior to the commencement of the proposed work.
d. Tenant shall insure, indemnify and hold Landlord harmless for any loss to which Landlord may requirebe subject or which Landlord may sustain relating to accidents, it being understood injury to persons (including death), property loss or damage of any nature whatsoever, regardless of cause, arising during or ensuing from the work undertaken by Tenant.
e. All such alterations, additions and agreed that all improvements upon completion shall immediately become the property of such Alterations shall be insured Landlord, without compensation by Landlord to Tenant in accordance with or any other party, and simultaneously become part of the Premises, and Tenant's obligations and responsibilities pursuant to the terms and conditions of this Lease immediately upon completion thereofshall thenceforth apply to the aforementioned alterations, additions, or improvements. Upon the termination of Tenant's lease and/or Tenant's vacating of the premises, Tenant shall keep the Premises remove said alterations, additions and the property on which the Premises are situated free from any liens arising out of any work performedimprovements at Tenant's expense, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required if so requested by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment .
f. Upon completion of the costs thereof work, Tenant will submit to protect Landlord as-built drawings and certifications of inspections certifying the Industrial Center from and against any loss from any mechanic’scompletion of the alteration, materialmen’s addition or other liensimprovement.
Appears in 1 contract
Sources: Lease Agreement (Intest Corp)
Alterations. Tenant (a) Notwithstanding anything in the Lease to the contrary, Sublessee shall not install any signs, fixtures, improvements, nor make or permit suffer to be made any other alterations alterations, additions, or additions improvements to the Sublet Premises, or attach any fixtures or equipment in, on, or to the Sublet Premises or any part thereof (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises ), without the prior written consent of LandlordSublessor and Lessor. Sublessor shall not withhold, except condition or delay its consent unless Lessor withholds its consent. Sublessor shall reasonably cooperate with Sublessee to obtain the consent of Lessor, and any fees billed by Lessor in accordance with the Lease in connection with its review of any plans or request for consent, including, without limitation, any administrative fee, construction management or supervisory fee, and any other fees payable by Sublessor to Lessor in connection with a request to approve Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all eventsrequested by Sublessee, Tenant shall deliver at least be paid by Sublessee within ten (10) days prior notice to Landlordof demand. When applying for such consent, from Sublessee shall, at its own expense, if requested by Lessor, furnish complete plans and specifications for such Alterations.
(b) In connection with any Alterations, Sublessee shall comply with all applicable provisions of the date Tenant intends to commence constructionLease in making any such Alterations, sufficient to enable Landlord to post a Notice of Non-Responsibility as well as any restoration obligations imposed thereunder; and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of the same to Landlord. All Alterations shall be at Tenant’s sole cost and expense constructed in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authoritiesregulations. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shalladdition, prior to construction of any and all such Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant Sublessee shall provide all such assurances to LandlordLessor as Lessor may reasonably require in accordance with the Lease. If Lessor shall so require in accordance with the Lease or as a condition to Lessor’s consent to such Alterations, including without limitationthen Sublessee shall be required, waivers at Sublessee’s sole cost, to remove any or all of lien, surety company performance bonds as Landlord shall require its Alterations and put the Sublet Premises back to assure payment its original condition prior to the making of such Alterations before the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensExpiration Date.
Appears in 1 contract
Sources: Sublease Agreement (Life360, Inc.)
Alterations. 12.1 Tenant shall not install make, or allow to be made, any signsalterations, fixturesphysical additions, improvementsimprovements or partitions, nor make including without limitation the attachment of any fixtures or permit any other alterations equipment, in, about or additions to the Premises (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without obtaining the prior written consent of Landlord, except for which consent shall not be unreasonably withheld with respect to proposed Alterations that cumulatively cost less than Twenty Five Thousand Dollars which: ($25,000.00a) and which do not affect comply with all applicable Regulations; (b) are, in Landlord’s opinion, compatible with the Building systems or and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems; and (c) will not interfere with the structural integrity or structural components use and occupancy of any other portion of the Premises Building by any other tenant or its invitees. Specifically, but without limiting the Buildinggenerality of the foregoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. In all events, Tenant shall deliver at least ten (10) days prior notice also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post ’s consideration of a Notice of Non-Responsibility and request for approval hereunder. Tenant shall obtain cause all permits or other governmental approvals prior Alterations to commencing any of such work be accomplished in a first-class, good and deliver a copy of same workmanlike manner, and to Landlordcomply with all applicable Regulations. All Alterations Tenant shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted expense, perform any additional work required under applicable Regulations due to and approved in writing the Alterations hereunder. No consent by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect Landlord to any Alterations must be done in proposed Alteration or additional work shall constitute a good and workmanlike manner. Landlord’s approval waiver of any plans, specifications or working drawings for Tenant’s Alterations obligations under this Paragraph 12. Tenant shall not create nor impose any responsibility or liability on the part of reimburse Landlord for their completeness, design sufficiency, or compliance all costs which Landlord may incur in connection with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of granting approval to Tenant for any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any Alterations other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to than the Tenant Improvements set forth in Exhibit F attached heretoB, including any reasonable costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord if Landlord so elects; provided, however, that Landlord may, at Landlord’s option, require that Tenant, at Tenant’s expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a good and workmanlike manner so as Additional Rent hereundernot to cause any damage to the Premises whatsoever. If Tenant fails to remove such Alterations or Tenant’s trade fixtures or furniture, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant’s sole expense. In addition to and wholly apart from Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses, Tenant shall reimburse be responsible for and shall pay prior to delinquency any taxes or governmental service fees, possessory interest taxes, fees or charges in lieu of any such taxes, capital levies, or other charges imposed upon, levied with respect to or assessed against its personal property, on the value of Alterations within the Premises, and on Tenant’s interest pursuant to this Lease, or any increase in any of the foregoing based on such Alterations. To the extent that any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord. Notwithstanding the foregoing, within Tenant shall have the right to construct nonstructural alterations and improvements without Landlord’s prior approval, if the cost of such construction does not exceed $25,000 in any one calendar year. Upon Tenant’s request from time to time, Landlord shall advise Tenant in writing whether Landlord will require Tenant to remove any alterations or improvements upon the termination or earlier expiration of this Lease. Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises shall at all times be Tenant’s property, and Tenant may remove any or all of such property from the Premises at any time and from time to time provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien whatsoever in any item of such property and Landlord waives all such liens. Within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with following Tenant’s Alterationsrequest from time to time, plus Landlord shall execute documents in form reasonably acceptable to Tenant shall pay and Landlord to Landlord a fee equal to one percent (1%) evidence Landlord’s waiver of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, lien in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all any of such Alterations shall be insured by Tenant in accordance with the terms property and giving any lenders holding a security interest or lien on such property reasonable rights of this Lease immediately upon completion thereof. Tenant shall keep access to the Premises to remove such property, provided that such lenders repair all damage caused by such removal and the remove such property on which the Premises are situated free from any liens arising out of any work performeda timely basis.
12.2 In compliance with Paragraph 27 hereof, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to at least ten (10) business days before beginning construction of any and all AlterationsAlteration, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as give Landlord shall require to assure payment written notice of the costs thereof expected commencement date of that construction to protect permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, Tenant shall cause a timely notice of completion to be recorded in the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensoffice of the recorder of the county in which the Building is located.
Appears in 1 contract
Sources: Lease Agreement (Accelrys, Inc.)
Alterations. Except as provided in this Section 10.1, Tenant shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do consent shall not be unreasonably withheld so long as any such Alteration does not affect the exterior of the Building, Building systems or the structural integrity or structural components of the Premises or the BuildingBuilding (collectively, “Structural Components”). In all eventsNotwithstanding the foregoing, Tenant shall be permitted to undertake Alterations which do not affect the Structural Components without Landlord’s prior consent so long as the cost of same do not exceed $50,000 cumulatively in any one calendar year. If any such Alteration is expressly permitted by Landlord or any Alteration is undertaken without Landlord’s consent, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, licensed and bonded insured contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), Development Documents, Recorded Matters, and all recorded matters Rules and rules and regulations of the Industrial CenterRegulations. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial CenterProject, or the Common Areas for any other tenant of the Industrial CenterProject, and as not to obstruct the business of Landlord or other tenants in the Industrial CenterProject, or interfere with the labor force working in the Industrial CenterProject. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional As additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one five percent (15%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insuranceInsurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in In accordance with the terms Section 12 of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds (with respect to Alterations, the cost of which exceeds $50,000.00) as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center Project from and against any loss from any mechanic’s, materialmen’s or other liens.
Appears in 1 contract
Alterations. 7.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not install make or suffer to be made any signsalterations, fixturesadditions, or improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA)attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 8, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements.
7.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made using Landlord’s contractor (unless Landlord agrees otherwise) at Tenant’s sole cost and expense. If Tenant shall employ any Contractor other than Landlord’s Contractor and such other Contractor or any Subcontractor of such other Contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all recorded matters delays, damages and rules and regulations extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the Industrial Centeremployment of any such labor. In additionany event Landlord may charge Tenant a reasonable charge to cover its overhead as it relates to such proposed work.
7.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any government laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterationsconstruction, cause its contractor(s) and/or major subcontractor(s) to provide the additional insurance as reasonably required by Landlordunder Article 12 in such case, and Tenant shall provide also all such assurances to Landlord, including without limitationbut not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance as Landlord shall require to assure payment of the costs thereof and to protect Landlord and the Industrial Center from Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4.
7.4 All alterations, additions, and improvements in, on, or to the Premises made or installed by Tenant, including carpeting, shall be and remain the property of Tenant during the Term but, excepting furniture, furnishings, movable partitions of less than full height from floor to ceiling and other trade fixtures, shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as by a b▇▇▇ of sale, unless Landlord elects otherwise. Upon such election by Landlord, Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear and damage by fire or other casualty excepted.
Appears in 1 contract
Alterations. Tenant A. Lessee shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises Real Property without the prior written consent of LandlordLessor, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) which consent Lessor may withhold in the exercise of Lessor’s sole and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Buildingabsolute discretion. In all eventsIf any such Alteration is expressly permitted by Lessor, Tenant Lessee shall deliver at least ten fifteen (1015) days prior notice to LandlordLessor, from the date Tenant Lessee intends to commence construction, sufficient to enable Landlord Lessor to post a Notice of Non-Responsibility and Tenant Responsibility. In all events, Lessee shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to LandlordLessor. All Alterations shall be at TenantLessee’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by LandlordLessor, and shall be installed by a licensed, insuredinsured (and bonded, and bonded at Lessor’s option) contractor (reasonably approved by LandlordLessor) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Centerlaws. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. LandlordLessor’s approval of any plans, specifications or working drawings for TenantLessee’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord Lessor for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant Lessee shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial CenterLaboratory. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as As Additional Rent hereunder, Tenant Lessee shall reimburse LandlordLessor, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord Lessor in connection with TenantLessee’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant Lessee makes any Alterations, Tenant Lessee agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord Lessor and such other insurance as Landlord Lessor may require, it being understood and agreed that all of such Alterations shall be insured by Tenant Lessee in accordance with the terms of this Lease Section 7 A. immediately upon completion thereof. Tenant Lessee shall keep the Premises and the property on which the Premises are situated Real Property free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of TenantLessee. Tenant Lessee shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by LandlordLessor, and Tenant Lessee shall provide such assurances to LandlordLessor, including without limitation, waivers of lien, surety company performance bonds as Landlord Lessor shall require to assure payment of the costs thereof to protect Landlord Lessor and the Industrial Center Real Property from and against any loss from any mechanic’s, materialmenmaterial men’s or other liens.
B. At the expiration of the Term or earlier termination of this Lease, Lessee shall surrender the Real Property to Lessor (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of this Section 11. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Lessee, or Lessee otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Lessee shall remove all of Lessee’s Property and Lessee’s signage from the Real Property, (ii) Lessor may, by notice to Lessee given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Lessee, at Lessee’s expense, to remove any or all Alterations and Lessee shall remove such requested Alterations from the Real Property, and (iii) to the extent Lessor has advised Lessee on or about the time that the Lessee Improvements were constructed and installed in the Real Property that Lessee is to remove all or portions of the items comprising the Lessee Improvements (the “Removable TIs”), Lessee shall remove the Removable TIs. Lessee shall repair any damage caused by such removal of the Lessee’s Property, the requested Alterations and the Removable TIs. For purposes hereof, the term “Lessee’s Property” shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Lessee. Any of Lessee’s Property not so removed by Lessee as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Lessor at Lessee’s expense, and Lessee waives all claims against Lessor for any damages resulting from Lessor’s retention and disposition of such property; provided, however, Lessee shall remain liable to Lessor for all costs incurred in storing and disposing of such abandoned property of Lessee. All Lessee Improvements and Alterations except those which Lessor requires Lessee to remove shall remain in the Real Property as the property of Lessor. If the Real Property are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 11, Lessee shall continue to be responsible for the payment of Rent until the Real Property are so surrendered in accordance with said provisions. Lessee shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Lessee in so surrendering the Property including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Lessor made by any succeeding Lessee or prospective Lessee founded on or resulting from such delay and losses and damages suffered by Lessor due to lost opportunities to lease any portion of the Real Property to any such succeeding Lessee or prospective Lessee, together with, in each case, actual attorneys’ fees and costs. The terms of this Section 11 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Standard Gold)
Alterations. A. At Tenant’s sole cost and expense, Tenant shall not install have the right at any signstime and from time to time during the Term to make improvements to the Leased Premises and changes and alterations, fixturesstructural or otherwise, to any buildings, improvements, nor make fixtures and equipment now or permit hereafter located on the Leased Premises, including demolition of any other alterations or additions (individuallyall buildings and improvements now or hereafter located on the Leased Premises and replacement thereof, an “Alteration”as Tenant shall deem necessary or desirable.
B. Any demolition activity and all improvements, changes and alterations, shall be subject to the following additional conditions which Tenant covenants to observe and perform:
1. No improvement, change or alteration, and collectivelyno demolition and replacements shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction.
2. All work done in connection with any improvement, change, alteration or demolition and replacement shall be done promptly and in a good and workmanlike manner and in compliance with all laws, ordinances, orders, rules, regulations and requirements of all Federal, state and municipal governments and the appropriate departments, commissions, boards and officers thereof.
3. In the event a demolition, improvement or alteration project costs more than Two Hundred Fifty Thousand Dollars ($250,000), the plans and specifications for such project shall be subject to Landlord’s prior consent, which shall not be unreasonably withheld; provided, however, such consent shall be deemed granted if Landlord does not provide a reasonably detailed statement of disapproval within 15 days after receipt of Tenant’s request for approval.
4. In addition to the insurance coverage otherwise required in this Lease, Tenant shall carry, or cause its contractors to carry, Workers’ Compensation Insurance covering all persons employed in connection with the work and with respect to whom death or injury claims could be asserted against Landlord, Tenant or the Leased Premises, at all times when any work is in process in connection with any improvement, change, alteration or demolition and replacement.
C. Landlord shall cooperate with and assist Tenant in every reasonable way in Tenant’s efforts to obtain governmental consents, approvals, permits or variances which may be required for the performance of any construction permitted under the terms of this Lease, including Landlord's joinder in any application for any such consent, approval, permit or variance where joinder therein by the owner of the Leased Premises is required by law, except that Landlord shall have no obligation to incur any out of pocket cost or expense, to dedicate or encumber any property, or to pay any exactions imposed in connection with any such efforts of Tenant.
D. Notwithstanding anything to the contrary herein, at any time, and from time to time, during the Term (but not in connection with the Delivery Work, which shall be completed in accordance with the Work Letter), Tenant may elect to have Landlord construct alterations (“Tenant Alterations”) to the Premises without the prior written consent of LandlordLeased Premises, except for and if Landlord agrees to construct such Tenant Alterations, then Landlord shall construct such Tenant Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans the following provisions:
1. The Tenant Alterations shall be constructed in accordance with construction drawings, which show in detail the intended design, construction and specifications finishing of all portions of the Tenant Alterations (collectively, the “Plans”), which have been previously submitted approved by Tenant pursuant to this subparagraph 7.2(D)(1). Landlord shall cause its contractor to prepare and approved deliver to Tenant for approval draft Plans for the Tenant Alterations. Within ten (10) business days after Tenant’s receipt of the draft Plans, Tenant shall either approve or disapprove the draft Plans, which approval shall not be unreasonably withheld. If Tenant disapproves the draft Plans, then Tenant shall state such disapproval in writing by a written notice to Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work including reasonable detail with respect to any Alterations must the changes which Tenant requires to be done in a good and workmanlike mannermade thereto. Landlord shall cause its contractor to submit to Tenant revised draft Plans within five (5) business days after Landlord’s approval receipt of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authoritiesdisapproval notice. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, give Landlord written notice of its approval or the Common Areas for any other tenant disapproval of the Industrial Centerrevised draft Plans within five (5) business days after the date of Tenant’s receipt thereof. If Tenant disapproves the revised draft Plans, then Landlord and as not Tenant shall continue to obstruct follow the business procedures set forth in this subparagraph 7.2(D)(1) until Landlord and Tenant reasonably approve the draft Plans.
2. Upon approval by Landlord and Tenant of the Plans, Landlord or other tenants in shall cause its contractor to obtain a minimum of three (3) competitive bids for the Industrial Center, or interfere with the labor force working in the Industrial Center. Except major trades with respect to the Tenant Improvements set forth Alterations. Such subcontractors shall be requested to each submit a sealed fixed price contract bid price (on such contract form as Landlord shall designate) to construct the applicable portion of the Tenant Alterations designated on the Plans. Landlord shall require that all workers involved in Exhibit F attached heretoconstructing the Tenant Alterations be paid the general prevailing wages of per diem wages for work of a similar character in the City of San ▇▇▇▇, as Additional Rent hereunderand if applicable, Tenant general prevailing wages for holiday and overtime work. Upon receipt of the bids, Landlord shall reimburse Landlord, within ten cause its contractor to prepare a cost estimate (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%the “Estimate”) of the total cost Tenant Alterations Costs (defined below), based upon the lowest price qualified bids received for each of the Alterationsmajor trades (after normal adjustments for any inconsistent assumptions). The Estimate shall be submitted to Tenant for review and approval. If Tenant makes any Alterationsrejects the Estimate, Tenant agrees Landlord shall cause its contractor to carry “Builder’s All Risk” insuranceresolicit bids, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms procedures specified above. Following any re-solicitation of bids, Landlord shall again follow the procedures set forth in this Lease immediately upon completion thereofsubparagraph 7.2(D)(2) with respect to the submission and approval of the Estimate until Tenant has approved the Estimate. The approved Estimate shall constitute a guaranteed maximum contract price for the Tenant Alterations to be set out in a written agreement for the construction of the Tenant Alterations between Landlord and its contractor. Within thirty (30) days after approval of the Estimate, Tenant shall keep deliver to Landlord the Premises amount of the Estimate, which amount shall be disbursed by Landlord from time to time in payment of the Tenant Alterations Costs. Landlord shall notify Tenant as soon as possible if and when Landlord learns that the property on Tenant Alterations Costs may exceed the Estimate and such excess is for items which are not covered by the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlordguaranteed maximum contract price, and Tenant shall provide deliver to Landlord the amount of any such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liens.excess within thirty
Appears in 1 contract
Sources: Lease Agreement
Alterations. Tenant shall not install make any signs, fixtures, improvements, nor make or permit any other structural alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) exterior alterations to the Premises Building without, in each instance, obtaining Landlord’s written consent, which consent Landlord agrees not to unreasonably withhold, delay or condition. However, Tenant may, without the prior written consent of Landlord’s consent, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect make non-structural alterations to the Building systems or interior. Tenant agrees that in connection with any alteration: (i) the structural integrity or structural components fair market value of the Premises shall not be lessened after the completion of any such alteration, or its structural integrity impaired; (ii) the Building. In all events, alteration and any alteration theretofore made or thereafter to be made shall not in the aggregate reduce the gross floor area of the Building by more than ten percent (10%); (iii) Tenant shall deliver at least ten promptly pay all costs and expenses of any such alteration; (10iv) days prior notice to Landlord, from all alterations (other than non-structural alterations the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice estimated cost of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing which in any of such work and deliver a copy of same to Landlord. All Alterations one instance does not exceed the Threshold Repair Amount) shall be at Tenant’s sole cost made under the supervision of an architect or engineer and expense in accordance with plans and specifications which have been previously shall be submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor Landlord (reasonably approved by Landlordfor information purposes only) in compliance with all applicable Laws (including, but not limited to, prior to the ADA), and all recorded matters and rules and regulations commencement of the Industrial Centeralterations. In additionAt Tenant’s sole cost and expense, Tenant shall perform, and/or cause all of Tenant’s contractors, subcontractors, suppliers or other agents to perform, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofall Laws. Tenant shall keep discharge, within thirty (30) days (by payment or by filing the necessary bond), any mechanics', materialmen's or other lien against the Premises and the property on and/or Landlord's interest therein, which the Premises are situated free from any liens arising lien may arise out of any work performedpayment due for, materials or purported to be due for, any labor, services, materials, supplies, or equipment alleged to have been furnished or obligations incurred by or to, on behalf of of, or for Tenant in, upon, or about the Premises. At Tenant. ’s sole cost, Landlord agrees to cooperate with Tenant shall, prior (including signing applications) in obtaining any necessary permits for any alterations which Tenant is permitted to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensmake hereunder.
Appears in 1 contract
Sources: Lease Agreement (American Realty Capital Trust, Inc.)
Alterations. Except as otherwise provided herein, Tenant shall not install create any signsopenings in the roof or exterior walls, fixturesnor shall Tenant make any alterations or additions to the Leased Premises without obtaining Landlord’s prior written consent which consent shall not be unreasonably withheld. Tenant shall make all additions, improvements, nor alterations and repairs, nonstructural and structural, on the Leased Premises and on and to the appurtenances and equipment thereof, required by any such governmental authority or which may be made necessary by the act or neglect of any person, firm or corporation (public or private), including supporting the streets and alleys adjoining the Leased Premises. Tenant shall have the right to make or permit any other non-structural alterations or additions in an amount not to exceed $20,000.00 without Landlord’s consent. All work done pursuant to this Article IX (individually, an “Alteration”, and collectively, the “AlterationsTenant’s Work”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done performed in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for No Tenant’s Alterations Work shall not create nor impose be commenced unless all required municipal and other governmental permits, authorizations and approvals shall have been obtained by Tenant (or Tenant’s contractor). Prior to commencing any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such AlterationsTenant’s Work, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Centerprovide appropriate engineering, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord architectural or other tenants in the Industrial Centerplans, or interfere with the labor force working in the Industrial Centerdrawings and specifications for Landlord’s review. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that for all of such Alterations shall be insured by Tenant in accordance with Tenant’s Work promptly so that the terms of this Lease immediately upon completion thereof. Tenant shall keep the Leased Premises and the property on which the Premises are situated interests therein of Landlord shall at all times be free from any possible (a) liens arising out for labor performed or claimed to have been performed or materials supplied or claimed to have been supplied and (b) chattel mortgages, conditional sales contracts, title retention agreements, security interests and agreements, financing agreements, financing statements and any similar agreements. Upon completion of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide Landlord with such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds documents as Landlord shall may require to assure (including, without limitation sworn contractor’s statements and supporting lien waivers) evidencing payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensin full for such work.
Appears in 1 contract
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not install make or suffer to be made any signsalterations, fixturesadditions, or improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA)attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. At Tenant’s specific request, at the lime Landlord consents it shall also advise Tenant as to whether or not Landlord will require removal of such alteration, additions and improvements at the end of the Term pursuant to paragraph 6.4.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made using Landlord’s contractor (unless Landlord agrees otherwise) at Tenant’s sole cost and expense. If Tenant shall employ any Contractor other than Landlord’s Contractor and such other Contractor or any Subcontractor of such other Contractor shall employ any non-union labor or supplier, Tenant shall be responsible for any and all recorded matters delays, damages and rules and regulations extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the Industrial Centeremployment of any such labor. In additionany event Landlord may charge Tenant a reasonable charge to cover its overhead as it relates to such proposed work.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any government laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterationsconstruction, cause its contractor(s) and/or major subcontractor(s) to provide the additional insurance as reasonably required by Landlordunder Article 11 in such case, and Tenant shall provide also all such assurances to Landlord, including without limitationbut not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance as Landlord shall require to assure payment of the costs thereof and to protect Landlord and the Industrial Center from Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4.
6.4 All alterations, additions, and improvements in, on, or to the Premises made or installed by Tenant, including carpeting, shall be and remain the property of Tenant during the Term but, excepting furniture, furnishings, movable partitions of less than full height from floor to ceiling and other trade fixtures, shall become a part of the really and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale, unless Landlord elects otherwise. Upon such election by Landlord, Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear and damage by fire or other casualty excepted; provided, however, that, except to the extent otherwise specified by Landlord in writing prior to the commencement of construction, Tenant shall not be obligated to remove any of the improvements constructed pursuant to Exhibit B.
Appears in 1 contract
Sources: Lease (Globalwise Investments Inc)
Alterations. Tenant shall not install any signs, fixtures, improvements, nor make (or permit to be made) any other alterations change, addition or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvement to the Premises (including, without limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of LandlordLandlord not to be unreasonably withheld, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars conditioned or delayed, ($25,000.00d) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice is made pursuant to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such reasonable indemnification and/or bonds requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay deliver to Landlord a fee equal to one percent (1%) before commencement of the total cost their work proof of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance coverage as Landlord may require, it being understood with Landlord named as an additional insured, and agreed that (g) is done only at such time and in such manner as Landlord may reasonably specify. All such alterations, improvements and additions (including all articles attached to the floor, wall or ceiling of such Alterations shall the Premises) shall, at Tenant's election, be insured by Tenant in accordance (i) surrendered with the terms Premises as part thereof at the termination or expiration of this Lease immediately upon completion thereofthe Term, without any payment, reimbursement or compensation therefor, and shall become the property of Landlord, or (ii) removed by Tenant, at Tenant's expense, with all damage caused by such removal repaired by Tenant, normal wear and tear excepted. Tenant may remove Tenant's trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, provided such removal is made prior to the expiration of the Term, no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such removal. Tenant shall keep the Premises indemnify, defend and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as hold harmless Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys' fees, which may arise out of, or be connected in any loss way with, any such change, addition or improvement. Within twenty (20) days following the imposition of any lien resulting from any mechanic’ssuch change, materialmen’s addition or other liensimprovement, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond.
Appears in 1 contract
Sources: Lease Agreement (Ventro Corp)
Alterations. Tenant shall not install any signs, fixtures, improvements, nor make or permit allow to be made any other alterations alterations, additions or additions (individually, an “Alteration”, and collectively, the “Alterations”) improvements to the Premises Premises, either at the inception of this Lease or subsequently during the Term, without obtaining the prior written consent of Landlord. Tenant shall deliver to Landlord full and complete plans and specifications of all such alterations, except for Alterations additions or improvements, and no such work shall be commenced by Tenant until Landlord has given its written approval thereof. Landlord does not expressly or implicitly covenant or warrant that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect any plans or specifications submitted by Tenant are safe or that the Building systems or the structural integrity or structural components of the Premises or the Buildingsame comply with any applicable laws, lawful ordinances, etc. In all eventsFurther, Tenant shall deliver at least ten (10) days prior notice indemnify and hold Landlord harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant's alterations, additions or improvements to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to LandlordPremises. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlordrepairs, alterations, additions, and restoration by Tenant hereinafter required or permitted shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval manner and in compliance with all applicable laws and lawful ordinances, by-laws, regulations and orders of any plansfederal, specifications state, county, municipal or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules other public authority and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) insurers of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with the terms of this Lease immediately upon completion thereofBuilding. Tenant shall keep not permit liens of any kind to be imposed upon the Premises or Building and
01. Tenant shall require that any contractors used by Tenant carry a comprehensive liability insurance policy covering bodily injury in the amounts of Two Million Dollars ($2,000,000) per person and Two Million Dollars ($2,000,000) per occurrence and covering property damage in the property amount of Two Million Dollars ($2,000,000). Tenant shall obtain, on behalf of Tenant and at Tenant's sole cost and expense, before proceeding with any alteration the cost of which the Premises are situated free from any liens arising out exceeds Two Thousand Dollars ($2,000) a completion and lien indemnity bond, or other surety, reasonably satisfactory to Landlord for such alteration. Landlord may require proof of such insurance prior to commencement of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s or other liensPremises.
Appears in 1 contract
Sources: Office Lease (NovaCardia Inc)