Alterations. Tenant shall not make any alterations, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 3 contracts
Sources: Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.)
Alterations. The Tenant shall not make any alteration, addition or improvement to the Leased Premises without prior written consent of the Landlord and Landlord’s mortgagee, which consent shall not be unreasonably withheld except those improvements shown on Exhibit “A”. Upon the expiration of this Lease, Tenant shall not remove any alterations, additions, additions or improvements attached to floors, walls or ceilings or any extension thereof, except Tenant’s equipment and trade fixtures. Any such alterations, additions or improvements (other than Tenant’s equipment and trade fixtures) shall be the property of Landlord and shall remain with the Leased Premises upon termination of this Lease. For any alterations, additions or improvements (“Additional Tenant Improvements”) which the Tenant wishes to make, the Tenant shall provide Landlord and Landlord’s mortgagee with copies of detailed plans and specifications for review and approval, which are prepared and sealed by an architect and/or engineer licensed in the State of Michigan, prior to requesting Landlord’s written consent, and Tenant shall pay all costs incurred in connection therewith and in connection with review or inspection by any engineer or architect retained by Landlord and/or its mortgagee, which costs shall be paid by Tenant within ten (10) days following presentation of an invoice therefor. Tenant shall not commence any work without the prior written consent of Landlord and Landlord’s mortgagee and payment of the above costs. TenantWithout limiting the generality of the foregoing, Landlord reserves the right to condition its consent on the appropriateness of the materials proposed to be used by Tenant in relation to the materials comprising the existing improvements, the extent to which such improvements are in harmony with the remainder of the Premises and the impact of proposed improvements on the structural integrity of the building, roof and foundation and/or building systems. All permits, inspection fees and all costs associated with the Additional Tenant Improvements shall be paid by Tenant (provided that Landlord shall cooperate, at its own no cost and expenseto Landlord, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload in connection with any applications or damage permits which are required to be signed by the same; (b) such items may be removed without injury to owner of the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements). All alterations, additions, improvements and partitions erected work performed by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelvesperformed by responsible contractors, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination comply with all applicable provisions of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on void any warranties which may be existing with respect to the Premises. No alterations contemplated by Tenant Prior to the building comprising a part commencement of any work, and until completion of the Premises same, Tenant shall obtain and maintain at its sole expense builder’s risk insurance with such carriers and in such amount as may be required by Landlord and its mortgagee, which policy(ies) shall name Landlord and its mortgagee as additional insured, and shall provide that the same shall not be canceled or Premises will in amended without thirty (30) days’ prior written notice to Landlord. Tenant shall provide Landlord with a copy of such policy(ies) prior to commencing any way be a condition to the occurrence work. Tenant shall provide Landlord, at Tenant’s expense, with “as-built” construction drawings, certified by Tenant’s architect or engineer, within thirty (30) days following completion of the Commencement Date or commencement of Additional Tenant Improvements. All Additional Tenant Improvements constituting fixtures (excluding Tenant’s rental payment obligations hereundertrade fixtures) shall become the sole property of Landlord and shall, at the election of Landlord, become encumbered by any mortgage(s) encumbering the Premises.
Appears in 3 contracts
Sources: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Veri-Tek International, Corp.), Assignment and Assumption of Lease (Veri-Tek International, Corp.)
Alterations. Tenant shall not make any no alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures Landlord's consent shall not be unreasonably withheld as it desires provided that (a) such items long as the proposed changes do not overload affect the structural, electrical or damage mechanical components or systems of the same; (b) such items Building and are not visible from the exterior of the Premises. 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 work be removed without injury covered by a lien and completion bond satisfactory to Landlord and requirements as to the Premises; manner, time, and (c) contractor for performance of the constructionwork. Without limiting the generality of the foregoing, erection Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or installation thereof complies electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable governmental laws, ordinances, regulations and with ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's specifications consent shall be made in writing and requirementsshall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. All Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be 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 consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and partitions erected the like installed either by Tenant shall be or by Landlord at Tenant's request and remain to repair any damage to the property of Premises arising from that removal. Landlord may require 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 occur remove an improvement provided as part of the date initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of termination of the requirement prior to the build-out. Except as otherwise provided in this Lease or vacating the Premisesin any Exhibit to this Lease, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, should Landlord make any Tenant improvements alteration or improvement to the Premises will become part of the Premises upon installation and will remain in place at the expiration request of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsTenant, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and Landlord shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices entitled to prompt reimbursement from Tenant for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcall costs incurred.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 3 contracts
Sources: Office Space Lease (Myers Steven & Associates Inc), Office Space Lease (Pharmaprint Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc)
Alterations. Tenant LESSEE shall not make structural alterations or additions of any alterations, additions, or improvements kind to the Premises without Leased Premises, but may make nonstructural alterations provided LESSOR consent thereto in advance in writing, which consent shall not be unreasonably withheld provided said alterations are consistent in appearance and quality with the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 occur rest of the date of Building and Property. However, LESSOR shall not be obligated to approve any such alterations which would subject LESSOR to additional expense to readapt or prepare the Leased Premises for re-leasing upon the termination of this Lease or vacating which would increase the PremisesReal Estate Tax Expenses of the Property. All such allowed alterations shall be at LESSEE's sole risk and expense, at which time Tenant shall restore the Premises to their original conditionconform with LESSOR's construction specifications, shall be performed in good and workmanlike manner, and shall comply with all applicable codes and regulations. Unless otherwise agreed If LESSOR performs any services for LESSEE in advanceconnection with such alterations or otherwise, any Tenant just invoice will be considered additional rent and will be promptly paid. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the Leased Premises in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released or removed without cost to LESSOR within ten (10) days of written request by LESSOR. Any alterations or improvements to the Premises will shall become part of the real estate and the property of LESSOR. LESSEE shall remove any alteration or addition made by it and restore the Leased Premises and other affected area(s), if any, to the same condition as they were in on the Lease Commencement Date upon installation and will remain in place at the expiration or termination of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lienthis Lease if LESSOR so directs. All improvements Any alterations completed by LESSOR shall be “building standard” unless noted otherwise. LESSOR shall have the prior written approval right at any time to change the arrangement and layout of Landlordparking areas, stairs, walkways, common areas and other areas of the Property not contained within the Leased Premises, to install, repair, replace, remove, use, maintain and relocate for service to the Leased Premises and to other parts of the Property, pipes, ducts, conduits, wires and fixtures wherever located inside or outside of the Building and the Property, to change the boundaries of the lot upon which the Building is located, to construct additions to existing buildings on the Property, and shall be performed by a reputable construction company approved in writing by Landlord, to construct additional buildings and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderProperty.
Appears in 3 contracts
Sources: Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc)
Alterations. A. Landlord's Consent and Conditions. Tenant shall not --------------------------------- make any alterations, additions, improvements or improvements alterations to the Premises (the "Work") without in ---- each instance submitting plans and specifications for the Work to Landlord and obtaining Landlord's prior written consent of Landlord. Tenantconsent, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that unless (a) such items do not overload or damage the same; cost thereof is less than $20.000, (b) such items may be removed without injury to Work does not impact the Premises; and base structural components or systems of the Building, (c) such Work will not impact any other tenant's premises, and (d) such Work is not visible from outside the constructionPremises. However, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with even if Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by prior written consent is not required Tenant shall be provide Landlord with prior written notice at least five (5) days in advance of commencing the Work so that Landlord may post and remain record a notice of nonresponsibility or other notices deemed appropriate before the property of Tenant during the Term of this Leasecommencement or such Work. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before pay Landlord's actual out-of-pocket costs incurred, if any, for the earlier to occur review of all of the date of termination of this Lease or vacating the Premises, at which time plans and all other items submitted by Tenant. Tenant shall restore pay for the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion cost of all such work in compliance with Landlord’s approvals Work, including the cost of any and all applicable legal requirementsapprovals, receipt permits, fees and other charges which may be required as a condition of final lien waivers and bills paid affidavits from performing such Work. The following requirements shall apply to all contractorsWork:
(i) Prior to commencement, and expiration Tenant shall furnish to Landlord building permits, certificates of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of insurance satisfactory to Landlord, and shall be performed by a reputable construction company approved for any Work costing in writing by excess of $20.000, at Landlord's request, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices security for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcpayment of all costs.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted,
(ii) obtain inspection of such to-be-covered Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work by an independent third-party architect who shall document such inspection, and to be performed or services to be rendered in the Project.
(iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration The Work shall be performed in a good and workmanlike manner manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("Governmental Requirements"). -------------------------
(iv) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v) Tenant shall perform all Work in compliance with any reasonable "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Work is performed so long as Tenant has received written notice of the same at the time Landlord gives its consent to the Work.
(vi) Tenant shall permit Landlord to supervise all Work. Landlord may charge a supervisory fee not to damage or alter the primary structure or structural qualities exceed fifteen percent (15%) of labor, material, and all other costs of the building comprising a part Work, if Landlord's employees or contractors perform the Work.
(vii) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of the Premises liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all other improvements situated on the Premises. No alterations contemplated by Tenant close-out documentation related to the building comprising a part of the Premises or Premises will Work, including any other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundereffect at such time.
Appears in 2 contracts
Sources: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Alterations. Tenant Any and all alterations, additions and/or improvements, except trade fixtures, installed at the expense of the Lessee shall not make any become the property of the Lessor and shall remain upon and shall be surrendered with the leased Premises as a part thereof on the termination of this lease. Such alterations, additions, or and improvements to the Premises without may only be made with the prior written consent and approval of Landlordthe Lessor, which shall not be unreasonably withhold said consent. TenantIf consent is granted by the Lessor for the making of improvements, alterations or additions to the leased Premises, such improvements, alterations or additions shall not commence until such time as the Lessee has furnished to the Lessor a copy of all plans and a certificate of insurance showing coverage in an amount satisfactory to the Lessor protecting the Lessor from liability for injury to any person and damage to any personal property, on or off the leased Premises, in connection with the making of such improvements, alterations or additions. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by the Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be done at the Lessee's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and reinstall the cooling tower, equipment or structure at the Lessee's expense and repair at the Lessee's expense any damage which may result from such removal or reinstallation. Upon termination of this lease, Lessee shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its own cost and expense, may erect any damages resulting from such shelvesremoval. At the termination of this lease, binsLessee shall deliver the leased Premises in good order and condition, machinery and natural deterioration only excepted. Any damage caused by the installation of trade fixtures as it desires provided that (a) such items do not overload or damage shall be repaired at the same; (b) such items may be removed without injury Lessee's expense prior to the Premises; and (c) expiration of the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementslease term. All alterations, additionsimprovements, improvements additions and partitions erected repairs made by Tenant the Lessee 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 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. Unless otherwise agreed made in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcmanner.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 2 contracts
Sources: Triple Net Lease Agreement, Triple Net Lease Agreement
Alterations. Tenant shall not make any alterations, additions, or All improvements to the Premises without leased premises shall be installed at the prior written consent cost and expense of Tenant (which cost shall be payable on demand by Landlord as additional rent), but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld). In connection with any request for an approval of alterations by Tenant, at its own cost Landlord may retain the services of an architect and/or engineer and expense, may erect Tenant shall reimburse Landlord for the reasonable fees of such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsarchitect and/or engineer. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term term of this Lease. All shelvesLease and Tenant shall, binsunless Landlord elects at the time of approval or otherwise elects as hereinafter provided, machinery remove all alterations, improvements and trade fixtures installed partitions erected by Tenant and restore the leased premises to its original condition by the date of termination of this Lease or upon earlier vacating of the leased premises; provided, however, that, if at such time Landlord so elects, such alterations, additions, improvements and partitions shall be removed on or before become the earlier to occur property of Landlord as of the date of termination of this Lease or upon earlier vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation leased premises and will remain in place at the expiration title shall pass to Landlord under this Lease as by a b▇▇▇ of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s liensale. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a good and workmanlike manner by contractors approved in writing by Landlord so as not to damage or alter the primary structure or structural qualities of the building comprising a part Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien and surety company performance bonds, as Landlord shall require to assure payment of the Premises costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderliens.
Appears in 2 contracts
Sources: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)
Alterations. Tenant shall not, without the prior written consent, which consent shall not be unreasonably withheld, of Landlord in each instance, make any alterations, improvements, or additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements, or additions. If Landlord consents to said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or improvements additions to the Premises without shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent of Landlordto Tenant's hiring contractors. TenantNotwithstanding the foregoing, at Tenant may hire its own cost contractors to install mill work, telecommunications equipment and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to food service equipment in the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain promptly pay to Landlord or to Tenant's contractors, as the property of Tenant during case may be, when due, the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the Premises in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved this Section 6 unless Landlord has advised Tenant in writing by prior to installation of such alteration, improvement or addition that Landlord, and who shall carry 's consent to such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (installation is conditioned upon Tenant's agreement to remove same upon expiration or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion termination of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderLease.
Appears in 2 contracts
Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. TenantOnce Tenant submits a request to Landlord for approval in accordance with the notice requirements of this Lease, at its own cost Landlord shall notify Tenant in writing within ten (10) business days whether such request is acceptable and, if not, Landlord shall set forth in reasonable detail those items which are not acceptable. Notwithstanding anything herein to the contrary, Tenant may make alterations, additions or improvements to the interior walls, ceiling and expensecarpeting within the Premises and non-structural alterations of less than $10,000 ) (collectively, “Permitted Alterations”) without the having first received the consent of Landlord. If Landlord consents to such alterations, additions or improvements and with respect to any Permitted Alterations, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (ill) copies of contracts, necessary permits and licenses and (iv) instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may erect arise in connection with such shelveswork, binsall in such form, machinery substance and trade fixtures amount as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the Premises; , Tenant shall provide Landlord with appropriate evidence of Tenant’s ability to pay for such work and (c) materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations payment of said work and with Landlord's specifications and requirementsmaterials as Landlord may require. All alterations, additionsadditions and improvements shall be’ installed in a good, improvements workmanlike manner and partitions erected by Tenant only new, high-grade materials shall be and remain the property of Tenant during the Term of this Leaseused. All shelves, bins, machinery and trade fixtures installed by Tenant such work shall be removed done only by contractors or mechanics approved by Landlord and shall be subject to Landlord’s scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements. All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on or before the earlier Premises. Before commencing any to occur of the date of termination of this Lease or vacating Building, including the Premises, at which time occasioned by such alterations, additions and improvements work in connection with such alterations, additions or improvements, Tenant shall restore furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to supervise construction operations in connection with the Premises foregoing work if Landlord requests to their original conditiondo so. Unless otherwise agreed in advance, any Tenant improvements to shall pay the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion cost of all such work in compliance with Landlord’s approvals alterations, additions and all applicable legal requirementsimprovements, receipt as well as the cost of final lien waivers decorating and bills paid affidavits from all repairing any damage, including the cost of labor and materials, contractors’ profits, overhead and general conditions, and expiration of all applicable lien periods without the filing of a reasonable fee to Landlord. Upon completing any claim for mechanic’s alterations, additions or materialman’s lien. All improvements improvements, Tenant shall have the prior written approval of Landlordfurnish Landlord with contractors’ affidavits in form required by law, and shall be performed by a reputable construction company approved in writing by Landlord, full and who shall carry such insurance final waivers of lien and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have receipted bills covering all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, labor and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workmaterials expended and used. All alterations, installations, removals additions and restoration improvements shall be performed in a good comply with all insurance requirements and workmanlike manner so as not to damage or alter with all city and county ordinances and regulations and with the primary structure or structural qualities requirements of the building comprising a part of the Premises all state and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderfederal statutes and regulations.
Appears in 2 contracts
Sources: Office Lease (ElectroCore, LLC), Office Lease (ElectroCore, LLC)
Alterations. SECTION 3.1 Tenant shall not make any alterationsTenant Alterations without Landlord's Approval in each instance; provided, additionshowever, that Tenant's installation, modification or removal of wiring, raised flooring, cages, equipment racks, cable trays and similar ordinary course equipment installation entirely within the Premises shall not be deemed to be Tenant Alterations requiring such Approval provided same can be removed without material damage to the Building (any of the foregoing constituting "Data Center Configuration Work"). L▇▇▇▇▇▇▇'s Approval of Tenant Alterations may be granted or denied in Landlord's sole discretion. Landlord shall in no event be required to Approve the installation outside the Premises by Tenant of any installations or equipment.
SECTION 3.2 The following are the conditions (the "Data Center Configuration Work Approval Conditions") that must be satisfied before any Data Center Configuration Work may be performed, and as appropriate, during and upon completion of the performance of any Data Center Configuration Work:
(a) Tenant shall furnish to Landlord duplicate original policies or certificates of worker's compensation insurance (covering all persons to be employed by Tenant and by all contractors and subcontractors supplying materials or performing work in connection with such Data Center Configuration Work) and commercial general liability (including property damage coverage) insurance and during any construction or Alterations by Tenant or its contractors or employees Builder's Risk coverage (issued on a completed value basis) or an equivalent coverage reasonably satisfactory to Landlord, all in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and, any Lessor and any Mortgagee as to which Tenant has received the name and address as additional insureds for such liability insurance.
(b) All Data Center Configuration Work shall be performed by T▇▇▇▇▇ (i) at Tenant's sole cost and expense, (ii) in a good and workmanlike manner using new materials of first class quality, (iii) in compliance with all Legal Requirements and Rules and Regulations, (iv) subject to Landlord's inspection, if so requested by Landlord and (v) at hours reasonably Approved by Landlord and otherwise minimizing unreasonable disturbance to other tenants of the Building.
(c) Landlord shall Approve, such approval not to be unreasonably withheld, conditioned or delayed, the general contractors, construction managers, contractors and subcontractors proposed to be used by Tenant for Data Center Configuration Work (and if any such party employed by or on behalf of Tenant causes any labor disharmony anywhere in the Building then Landlord may require Tenant to immediately discontinue using such party) except that all mechanical and electrical work shall be performed by contractors who are designated by Landlord.
(d) Upon completion of any Data Center Configuration Work, Tenant, at its expense, shall promptly deliver to Landlord an electronic copy of "as-built" plans and specifications for such Data Center Configuration Work, in the format designated by Landlord.
(e) The indemnity of Landlord by Tenant set forth in Article 28 shall extend and apply fully as to any costs, damages, liability, etc., arising directly or indirectly from any Data Center Configuration Work performed by Tenant.
SECTION 3.3 If, because of any act or omission of Tenant, its employees, agents, contractors, or improvements subcontractors, any mechanic's lien, notice of commencement, notice of intention to lien, U.C.C. financing statement or other lien, encumbrance, notice, charge or order for the payment of money shall be filed against Landlord, or against all or any portion of the Premises without or the prior written consent of Landlord. Property (other than Tenant's Property which under Legal Requirements does not constitute a fixture), Tenant shall, at its own cost and expense, may erect such shelvescause the same to be discharged of record, binsby bonding or otherwise, machinery within thirty (30) days after the filing thereof, and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall indemnify, defend and save Landlord harmless against and from all costs, expenses, liabilities, suits, penalties, claims and demands (including reasonable attorneys' fees and disbursements) resulting therefrom.
SECTION 3.4 At Tenant's request, Landlord shall review Tenant's initial proposed layout of Tenant's equipment racks to 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 occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore in the Premises based on Tenant's proposed "hot-aisle/cold-aisle" layout and promptly provide any comments that Landlord has to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcproposed layout.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 2 contracts
Sources: Lease Agreement (Athenahealth Inc), Lease Agreement (Athenahealth Inc)
Alterations. Tenant shall will not make any alterations, installations, changes, ----------- replacements, additions, or improvements improvements, structural or otherwise, in or to the Premises Demised Premises, or any part thereof, without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, installations, changes, replacements, additions, or improvements and partitions erected by Tenant shall be and remain upon the Demised Premises whether with or without Landlord's consent will, unless Landlord elects otherwise, become the property of Tenant during Landlord, without cost to Landlord, and will remain upon and be surrendered with the Term Demised Premises at the expiration of this the Lease, without disturbances, molestation or injury. All shelvesIn the event Landlord shall elect otherwise, binsthen such alterations, machinery and trade fixtures installed installations, changes, replacements, additions to, or improvements upon the Demised Premises, will be removed by Tenant shall be removed on or before the earlier to occur of the date of upon termination of this Lease or vacating upon termination of any renewal period hereof and Tenant agrees to and will restore Demised Premises to the Premisesoriginal condition, which shall be defined as the condition and the design of the space at time of acceptance of the space by Tenant, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advanceTenant's sole cost and expense, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at on or before the expiration of the Term upon receipt term of verification this lease or any renewal thereof, and should Tenant fail to remove same, then in such event Landlord will cause same to be removed at Tenant's expense, and Tenant hereby agrees to reimburse Landlord for the cost of good and workmanlike completion of all such work in compliance removal, together with Landlord’s approvals any and all applicable legal requirements, receipt damages which Landlord may suffer and sustain by reason of final lien waivers and bills paid affidavits from all contractors, and expiration the failure of all applicable lien periods without Tenant to remove the filing of any claim for mechanic’s or materialman’s liensame. All improvements It is further agreed that Landlord shall have the prior written approval right to enter leased area at any reasonable time with a minimum of Landlordinconvenience to Tenant for the purpose of completing, and shall be performed by a reputable construction company approved in writing by Landlordmodifying, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e.maintaining space above, electrical wiring below or plumbing to be covered by finished walls, etcalongside of subject space.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 2 contracts
Sources: Office Lease (Cais Internet Inc), Office Lease (Cais Internet Inc)
Alterations. Tenant shall not make any no alterations, additionsinstallations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises or the Building, structural or otherwise, without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of such work. All Alterations shall be at Tenant's sole expense, shall comply with all laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and shall be made at such times and in such manner as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or mechanics as are approved in writing by Landlord. Such approval shall not be unreasonably withheld, conditioned or delayed. Approval of contractors or mechanics by Landlord shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Upon expiration of the Lease, Tenant shall have no obligation to remove, modify or alter any of the initial alterations described in Exhibit D attached. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations (excluding Initial Alterations), unless Landlord agrees in writing not to require the removal of an Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's cost and expense and Tenant shall, at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord at the expiration of the Term. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Landlord, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload shall perform or damage provide the same; (b) such items may be removed without injury renovations to the Premises; and Demised Premises as more fully described on Exhibit D (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with renovations therein described being referred to herein as the “Initial Alterations”). Landlord's specifications and requirementsarchitect shall perform all of the architectural services required in connection with the construction of the Initial Alterations. All alterations, additions, improvements and partitions erected by Tenant Landlord shall require the use of building standard finishes for the Initial Alterations. Landlord shall be and remain responsible for obtaining all necessary permits for occupancy. Landlord shall have no liability for any delay in delivering the property of Tenant during the Term of this LeaseDemised Premises due to contractor delay. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur Upon substantial completion of the date of termination of Initial Alterations as reasonably determined by Landlord’s architect, this Lease or vacating the Premises, at which time shall commence and Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval right to occupy the Demised Premises. “Substantial Completion” of Landlord, and the Initial Alterations shall be performed the date reasonably determined by a reputable construction company approved Landlord that the Initial Alterations has been performed, other than any details of construction, mechanical adjustment or any other matter, the non-completion of which does not materially interfere with the ability of Tenant to commence beneficial use and occupancy of the Premises. Notwithstanding any provision in writing by Landlordthis Lease to the contrary, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon event Landlord is delayed in the substantial completion of the finish workInitial Alterations by reason of any Tenant Caused Delay, then before and in such event the finish work is added Tenant must (i) Lease Commencement Date shall be the date which Landlord’s architect reasonably determines that the Initial Alterations would have all inspections required by been substantially completed in the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement absence of the finish work to allow LandlordTenant Caused Delay. For purposes hereof, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration a Tenant Caused Delay shall be performed in a good and workmanlike manner so defined as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.follows:
Appears in 2 contracts
Sources: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)
Alterations. Tenant shall will not make any modifications, improvements, alterations, additions, additions or improvements installations in or to the Premises that affect the Original Building's structural systems, the Expansion Building's structural systems, or the Core Building Systems, or that will cost more than $50,000.00 per building, without the Landlord's prior written consent, which consent of Landlordwill not be unreasonably withheld. TenantTenant will notify Landlord prior to making any modifications, at its own cost and expenseimprovements, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 additions or before the earlier to occur of the date of termination of this Lease installations in or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of (referred to in this section as the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc."work"), that will not be readily subject to inspection upon completion regardless of the finish whether Landlord's consent is required in connection with such work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency . Along with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, any request for Landlord's consent and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business 15 days before commencement of the finish any work or delivery of any materials to be used in any work to allow the Premises, Tenant will furnish Landlord with plans and specifications, estimated commencement and completion dates, the name and address of Tenant's general contractor, and the necessary permits and licenses. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any liens resulting from such work. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with such work. Tenant will pay the cost of all such work, and also the cost of painting, restoring or repairing the Premises occasioned by such work. Upon completion of the work, Tenant will furnish Landlord with contractor's affidavits that include full and final waivers of liens and receipts for all amounts due for labor and materials. In the case of any work that required Landlord's consent, if it so desires for its own protection, to inspect Tenant will also provide Landlord with as-built plans and specifications of the Premises as altered by such to-be-covered work. All alterationswork will comply with all insurance requirements and all applicable Laws (including, installationswithout limitation, removals the ADA) and restoration shall will be performed constructed in a good and workmanlike manner so as manner, using materials of first-class quality and free and clear of all liens or claims therefor. Tenant will permit Landlord to inspect construction operations in connection with any such work. Landlord's approval of any plans for any modifications, improvements, alterations, additions or installations proposed by Tenant will not constitute a representation that the same will comply with Laws or be fit for any particular purpose; such approval will merely constitute Landlord's consent to damage construct or alter install the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on same in the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 2 contracts
Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)
Alterations. Tenant shall not make any alterations, no additions, changes, alterations or improvements ("Work") to the Premises or any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. All Work shall be at Tenant, at its own 's sole cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all Work be performed under Landlord's supervision. In any case, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead or third-party costs in reviewing Tenant's plans and specifications and performing any supervision of Work. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to the Premises or the Building Complex by Tenant or by any persons who may be in or upon the Premises or the Building Complex with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building Complex caused by acts or omissions of Tenant or Tenant's officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to or supervises any Work by Tenant, the same shall not be deemed a warranty as not to damage or alter the primary structure or structural qualities adequacy of the building comprising design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same, except with respect to Landlord's intentional misconduct. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Work. All alterations, additions and improvements except Tenant's trade fixtures that do not become a part of the Building shall remain in an be surrendered with the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising as a part thereof at the expiration or sooner termination of the Premises or Premises will this Lease. Tenant shall comply with all applicable laws, codes and regulations in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderconnection with all Work.
Appears in 2 contracts
Sources: Office Lease Agreement (Edgar Online Inc), Office Lease Agreement (Edgar Online Inc)
Alterations. All improvements and alterations to the Leased Premises to be made by Tenant shall be installed at the cost and expense of Tenant (which cost shall be payable on demand by Landlord as additional rent), but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not make be unreasonably withheld). In connection with any alterations, additions, or improvements to the Premises without the prior written consent request for an approval of Landlord. alterations by Tenant, at its own cost Landlord may retain the services of an architect and/or engineer and expense, may erect Tenant shall reimburse Landlord for the reasonable fees of such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsarchitect and/or engineer. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term term of this Lease. All shelvesLease and Tenant shall, binsunless Landlord otherwise elects as hereinafter provided, machinery remove all alterations, improvements and trade fixtures installed partitions erected by Tenant and restore the Leased Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Leased Premises; provided, however, that, if at such time Landlord so elects, such alterations, additions, improvements and partitions shall be removed on or before become the earlier to occur property of Landlord as of the date of termination of this Lease or upon earlier vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Leased Premises upon installation and will remain in place at the expiration title shall pass to Landlord under this Lease as by a ▇▇▇▇ of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s liensale. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a good and workmanlike manner by contractors approved in writing by Landlord so as not to damage or alter the primary structure or structural qualities of the building comprising a part Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but 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 Premises costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderliens.
Appears in 2 contracts
Sources: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Alterations. Tenant Any and all alterations, additions and/or improvements, except trade fixtures installed at the expense of the Lessee shall not make any become the property of the Lessor and shall remain upon and shall be surrendered with the leased Premises as a part thereof on the termination of this lease. Such alterations, additions, or and improvements to the Premises without may only be made with the prior written consent and approval of Landlordthe Lessor. TenantIf consent is granted by the Lessor for the making of improvements, alterations or additions to the leased Premises, such improvements, alterations or additions shall not commence until such time as the Lessee has furnished to the Lessor a copy of all plans and a certificate of insurance showing coverage in an amount satisfactory to the Lessor protecting the Lessor from liability for injury to any person and damage to any personal property, on or off the leased Premises, in connection with the making of such improvements, alterations or additions. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by the Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be done at the Lessee's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and reinstall the cooling tower, equipment or structure at the Lessee's expense and repair at the Lessee's expense any damage which may result from such removal or reinstallation. Upon termination of this lease, Lessee shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its own cost and expense, may erect any damages resulting from such shelvesremoval. At the termination of this lease, binsLessee shall deliver the leased Premises in good and reasonable condition, machinery and natural deterioration only excepted. Any damage caused by the installation of trade fixtures as it desires provided that (a) such items do not overload or damage shall be repaired at the same; (b) such items may be removed without injury Lessee's expense prior to the Premises; and (c) expiration of the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementslease term. All alterations, additionsimprovements, improvements additions and partitions erected repairs made by Tenant the Lessee 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 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. Unless otherwise agreed made in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcmanner.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Alterations. Tenant (a) The parties acknowledge that Lessee will be making alterations and improvements prior to occupancy under the terms of this Lease, and Lessor approves of the architectural plans attached hereto. If Lessee, after due diligence, is unable to obtain a building permit to perform said alterations and improvements pursuant to said plan, or with reasonable modifications thereto, or after completion of the work, is unable to obtain a certificate of occupancy for reasons unrelated to the work performed pursuant to said plans, then Lessee may terminate this Lease. This right to terminate applies only to the initial alterations and improvements to the leased premises pursuant to the plans attached hereto.
(b) Lessee, by occupancy and possession hereunder, accepts the leased premises as being in good repair and condition. Lessee shall maintain the leased premises and every part thereof in good condition, damages by causes beyond the control of the Lessee, reasonable use, ordinary decay and wear and tear, fire and casualty and Lessor repair obligations excepted. Lessee shall not make or suffer to be made any alterations, additions or improvements to or of the leased premises or any part thereof without prior written consent of Lessor, which consent the Lessor covenants and agrees shall not be unreasonably withheld. If Lessor fails to provide Lessee with notice of whether such alterations, additions or improvements are approved within thirty (30) days of receipt by Lessor of a request for same, such inaction shall constitute approval by Lessor. In the event Lessor consents to the proposed alterations, additions, or improvements to improvements, the Premises without the prior written consent of Landlord. Tenant, same shall be at its own Lessee's sole cost and expense, may erect and Lessee shall hold the Lessor harmless on account of the cost thereof. Any such shelvesalterations shall be made at such times in such manner as not to unreasonably interfere with the occupation, bins, machinery use and trade fixtures as it desires provided that (a) such items do not overload or damage enjoyment of the same; (b) such items may be removed without injury to remainder of the Premises; and building by the other tenants thereof.
(c) If required by Lessor, any alterations shall be removed by Lessee upon the constructiontermination or sooner expiration of the term of this Lease and Lessee shall repair damage to the premises caused by such removal, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations at Lessee's cost and with Landlord's specifications and requirementsexpense. All alterations, additions, additions and improvements shall comply with any 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion all regulations of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcregulatory agencies having jurisdiction thereof.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 2 contracts
Sources: Lease Agreement (Diagnostic Retrieval Systems Inc), Lease Agreement (Diagnostic Retrieval Systems Inc)
Alterations. After initial completion of any work to be done by T▇▇▇▇▇ as provided in Article VI, Tenant shall not make any alterations, additions, alter or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury add to the Premises; , except in accordance with written consent from Landlord, which Landlord agrees not unreasonably to withhold as to alterations or additions which (i) are not visible from the exterior of the Premises and (cii) do not affect the constructionstructure or any mechanical, erection electrical or installation thereof complies with plumbing system of the Building. T▇▇▇▇▇'s work as described in Article VI and all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected other alterations made by Tenant shall be made in accordance with all applicable laws, in a good and remain first-class workmanlike manner and in accordance with the property requirements of Tenant during the Term of this LeaseLandlord's insurers and T▇▇▇▇▇'s insurers. All shelvesWithout limitation, bins, machinery said T▇▇▇▇▇'s work as described in Article VI and trade fixtures installed all other alterations made by Tenant shall be removed on performed in accordance with the provisions of this Article IV and of Article VI. Any contractor or before the earlier to occur other person undertaking any alterations of the date Premises on behalf of Tenant shall be covered by Commercial General Liability and Workmen's Compensation insurance with coverage limits acceptable to Landlord and evidence thereof shall be furnished to Landlord prior to the performance by such contractor or person of any work in respect of the Premises. All work performed by T▇▇▇▇▇ in the Premises shall remain therein (unless Landlord directs Tenant to remove the same on termination) and, at termination, shall be surrendered as a part thereof, except for Tenant's usual trade furniture and equipment, if movable, installed prior to or during the Lease Term at Tenant's cost, which trade furniture and equipment Tenant may remove upon the termination of this Lease or vacating the Premisesprovided that Tenant is not then in default hereunder. Until such time as any such default is cured, at which time Landlord shall have a security interest in such trade furniture and equipment. Tenant shall restore the Premises agrees to their original condition. Unless otherwise agreed in advance, repair any Tenant improvements and all damage to the Premises will become part resulting from such removal (including removal of T▇▇▇▇▇'s improvements directed by L▇▇▇▇▇▇▇) or, if Landlord so elects, to pay Landlord for the Premises upon installation and will remain in place at cost of any such repairs forthwith after billing therefor. Notwithstanding the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with foregoing, Tenant may, without Landlord’s approvals and all applicable legal requirementsprior consent or approval, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project make cosmetic alterations (i.e., electrical wiring or plumbing to be covered by finished walls, etcany interior alterations that are non-structural and do not affect the Building systems) that do not exceed $10,000 per project.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 2 contracts
Sources: Office Lease (Paratek Pharmaceuticals, Inc.), Office Lease (Paratek Pharmaceuticals, Inc.)
Alterations. Tenant Except as otherwise agreed by the Parties in writing, Operator shall not make paint, decorate, install canopies or awnings, or in any alterationsway change the Building exterior (or the appearance thereof). No remodeling, additions, alterations, or improvements to structural change shall be made in the Premises Building by Operator without the prior written consent of LandlordIPS, which shall not be unreasonably withheld. TenantOperator 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 its own no cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to IPS. No additions to the Premises; and (c) existing Building or the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected construction of new buildings by Tenant Operator shall be permitted. Operator may attach non-permanent materials and remain fixtures to 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 occur walls of the date of Facilities. Upon the expiration or earlier termination of this Lease or vacating 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 PremisesBuilding shall be maintained by Operator, at which time Tenant shall restore the Premises to their original conditionOperator’s expense, in good condition and repair. Unless otherwise agreed in advanceAll permitted alterations, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementschanges, receipt of final lien waivers and bills paid affidavits from all contractorspartitions, and expiration installations of all applicable lien periods without improvements (the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and “Alterations”) shall be performed by a reputable construction company contractor duly licensed by the state or local authority responsible for licensing building contractors and approved in writing by LandlordIPS, 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 made to the Building shall: (a) 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 who other mechanical facilities or equipment; or (f) otherwise affect the Building 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 carry repair any and all damage caused by the removal of any such insurance personal property or unattached equipment. Any personal property and meet unattached equipment remaining in the 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 dispose of such other requirements personal property and unattached equipment in its sole discretion and without liability to account to Operator; provided, Operator shall reimburse IPS for the costs of storing or disposal of such personal property or unattached equipment. Operator shall submit to IPS detailed plans and specifications in connection with any Alterations and evidence that said plans and specifications are in compliance with Applicable Law. If such Alterations are not in compliance with Applicable Law, Operator shall, at Operator’s cost, make such modification or alteration to the completed Alterations as Landlord shall specify. All invoices for improvements shall be available for inspection required to bring the same in compliance with Applicable Law. IPS’ consent to the plans and specifications, or any work proposed or completed by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e.Operator, electrical wiring or plumbing to be covered by finished walls, etc.), that will shall not be readily subject to inspection upon completion deemed a representation or affirmation regarding compliance with any such Applicable Law. In any event, Operator shall not remove any improvements and shall surrender the Facilities at the end of the finish workTerm in good condition and repair, then before the finish work is added Tenant must (i) have all inspections required ordinary wear and tear and damage by the City, County casualty or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundercondemnation excepted.
Appears in 2 contracts
Sources: Innovation Network Charter School Agreement, Innovation Network Charter School Agreement
Alterations. Tenant a. IDC shall not make any alterations, additions, additions or improvements to the Sublease Premises (“Alterations”) without the prior written consent of University and Master Landlord. TenantThe consent of University shall not be unreasonably withheld, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires conditioned or delayed. University has approved the planned alterations described on Exhibit F subject to compliance with the provisions of this Section 11; provided that (a) such items do not overload or damage IDC shall be responsible for removing and restoring the same; (b) such items may be removed without injury same prior to the Premises; and end of the Term, unless otherwise agreed to by Master Landlord. IDC shall be responsible for procuring the consent of Master Landlord at IDC’s expense (c) including, without limitation, the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsplanned alterations described on Exhibit F). All alterations, additions, additions or 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 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. Unless otherwise agreed made in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlordstrict conformity with, and shall be subject to, the applicable terms and conditions of the Master Lease.
b. University and Master Landlord shall at all reasonable times have the right to inspect all alterations, additions or improvements in the Sublease Premises (including without limitation any Alterations) and the construction thereof; provided that University and Master Landlord (to the extent so required under the Master Lease) shall comply with all reasonable confidentiality, safety and health requirements imposed by IDC or its contractors and shall not unreasonably interfere with completion of such alterations, additions or improvements. IDC shall be responsible for one hundred percent (100%) of any Additional Rent under the Master Lease and any fees or costs that must be paid to Master Landlord in connection with all alterations, additions or improvements performed by a reputable or for IDC.
c. IDC shall not permit any liens to encumber the Sublease Premises. During the construction company approved in writing by Landlordof any alterations, additions or improvements, IDC shall maintain worker’s compensation and who shall carry such insurance and meet such other requirements insurance as is required under the Master Lease or by Master Landlord.
d. Notwithstanding any provision to the contrary, if Master Landlord shall specify. All invoices for improvements requires that IDC remove any Alteration, then IDC shall be available responsible, at IDC’s sole expense, for inspection the removal of any such Alteration installed by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion IDC and for restoration of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement Sublease Premises prior to end of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderSublease Term.
Appears in 2 contracts
Sources: Sublease Agreement (Immune Design Corp.), Sublease Agreement (Immune Design Corp.)
Alterations. Except for the Tenant Improvements, Tenant shall not make any structural alterations, additions, additions or improvements (“Alteration”) in, on or to the Premises or any part thereof without delivering to Landlord the plans and specifications therefor and obtaining the express, prior written consent of Landlord. Landlord’s consent to an Alteration shall not be unreasonably withheld, conditioned or delayed. Any Alteration and all Tenant Improvements shall be made at Tenant, at its ’s own cost and expense, may erect such shelves, bins, machinery expense and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not by a contractor approved by Landlord, in accordance with all Legal Requirements and free from any claim or claims for construction liens, and Tenant shall indemnify and hold Landlord harmless from and against any and all claims, liens, costs and expenses on account of such work. At the request of Landlord, Tenant shall provide, prior to damage or alter the primary structure or structural qualities commencement of the work, a construction cost breakdown for such work certified to by the architect or contractor employed by Tenant to supervise such work, which breakdown shall show the total cost of such work and all component items thereof, and written evidence reasonably acceptable to Landlord of Tenant’s financial ability to pay for all such work in full. Tenant shall employ only such labor in performing said work or any other construction work in or about the Premises during the term as will not cause any conflict or controversy with any labor organization representing building comprising trades performing work for Landlord in or about the Building. Upon completion of any Alteration or Tenant Improvements, Tenant shall provide Landlord with a part copy of the as‑built plans and blueprints for the same, if applicable. Normal and customary decorating and redecorating of the Premises shall not require Landlord’s approval as long as Landlord has been provided reasonable notice and it does not affect Landlord’s operations, costs, fire safety, insurability, or use by other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundertenants and their customers, invitees, and agents.
Appears in 1 contract
Sources: Commercial Lease
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any alterations, additions or improvements performed by Tenant shall be in accordance with all of the terms and conditions of this Paragraph 6. All work to be performed by Tenant under this Paragraph 6 shall be performed in accordance with plans and specifications (or detailed description if a building permit is not required for the work) approved in advance by Landlord and in compliance with all applicable 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. Except to the extent resulting from the negligent acts of Landlord or any Landlord Entities, Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (including attorneys' fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the work performed in accordance with this Paragraph. Tenant, at its own cost and expense, and without Landlord's consent, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part, (b) such items do not overload or damage the same; , (bc) such items may be removed without injury to the Premises; , and (cd) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation reasonable wear and will remain in place at the expiration of the Term upon receipt of verification of good tear and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workcasualty damage excepted. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises Building and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part Premises or of which the Premises or Premises will in any way be are a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderpart.
Appears in 1 contract
Alterations. Tenant shall not make any alterationsmake, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expenseany alterations, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload additions or damage the same; (b) such items may be removed without injury improvements to the Premises; provided, however, that Tenant shall be permitted to make cosmetic, non-structural alterations which do not affect the Common Building Systems and which do not cost in excess of Five Thousand and 00/100 Dollars (c$5,000.00) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with per calendar year without such Landlord's specifications consent. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval plans and requirementsspecifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. All alterations, additionsadditions and improvements shall be installed in a good, improvements workmanlike manner and partitions erected only new, high-grade materials shall be used. All such work shall be done only by contractors or mechanics approved by Landlord and shall be subject to Landlord's scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements. Before commencing any work in connection with such alterations, additions or improvements, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be and remain connected in any way with said alterations, additions or improvements, with such limits as are set forth in the property of Tenant during the Term of this LeaseWorkletter or as Landlord shall require. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before permit Landlord to supervise construction operations in connection with the earlier foregoing work if Landlord requests to occur do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the date cost of termination of this Lease or vacating decorating and repairing any damage to the Building, including the Premises, at which time occasioned by such alterations, additions and improvements, including the cost of labor and materials, contractors' profits, overhead and general conditions, and a reasonable fee to Landlord. Upon completing any alterations, additions or improvements, Tenant shall restore the Premises to their original condition. Unless otherwise agreed furnish Landlord with contractors' affidavits in advanceform required by Landlord or by law, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractorsas is applicable, and expiration full and final waivers of lien and receipted bills covering all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, labor and shall be performed by a reputable construction company approved in writing by Landlord, materials expended and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workused. All alterations, installations, removals additions and restoration improvements shall be performed in a good comply with all insurance requirements and workmanlike manner so as not to damage or alter with all city and county ordinances and regulations and with the primary structure or structural qualities requirements of the building comprising a part of the Premises all state and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderfederal statutes and regulations.
Appears in 1 contract
Sources: Office Lease (AtheroNova Inc.)
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord. TenantLandlord shall not be required to notify Tenant of whether it consents to any alteration, at its own cost addition or improvements until it (a) has received plans and expensespecifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had five (5) business days to review them. If the alteration, addition or improvement will affect the Building's Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items (1) do not alter the basic character of the Premises; (2) do not overload or damage the same; and (b3) such items may be removed without injury damage to the Premises; . Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord's property when installed in the Premises. All work performed by a Tenant Party in the Premises (cincluding that relating to the installations, repair, replacement, or removal of any item) the construction, erection or installation thereof complies shall be performed in accordance with all applicable governmental laws, ordinances, regulations Law and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner manner, and so as not to damage or alter the primary structure Building's Structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant shall be responsible for compliance with American With Disabilities Act of 1990 for the interior, non-structural portions of the Premises, Landlord shall be responsible for compliance with the American With Disabilities Act of 1990 relative to the building comprising Building's Structure, unless such compliance is required solely in connection with a part Tenant alteration of the Premises or Premises will Building, in any way which case such compliance shall be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder's responsibility.
Appears in 1 contract
Alterations. a. Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord's prior written consent,* and then only by contractors or mechanics approved by Landlord; such consents and approvals by Landlord shall not be unreasonably withheld or 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. 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 and Landlord agrees to cooperate in obtaining any such consent or approval. 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, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Office, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if required by Landlord, ** secure at Tenant's own *unless such alterations, additions, or improvements to are less than a cost of Five Thousand and No/100 Dollars ($5,000.00), **and other than for the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved described in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion Work Letter Agreement of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.even date herewith
Appears in 1 contract
Sources: Office Building Lease (Stac Inc)
Alterations. (a) Tenant shall not make any alterations, improvements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord's prior written approval, not to be unreasonably withheld. All alterations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord's consent.
(b) All alterations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, improvements or additions; provided, however, that Landlord may designate by written notice to Tenant at the time Tenant requests consent those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to the Premises caused by such removal. Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or for Tenant may be removed by Tenant at any time.
(c) In performing such alterations, improvements or additions, or improvements in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises without and the prior written consent Building and shall repair all damage or injury that may occur to the Premises or the Building as a result thereof.
(d) T▇▇▇▇▇ agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. TenantAny contractors employed by Tenant shall be subject to Landlord's prior written approval, not to be unreasonably withheld. All such contractors shall be required to carry worker's compensation insurance, commercial general liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord.
(e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at its own T▇▇▇▇▇'s sole cost and expense, may erect such shelvesall necessary permits, bins, machinery authorizations and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections licenses required by the City, County or other agency with various governmental authorities having jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on over the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Office Lease Agreement (Cognition Therapeutics Inc)
Alterations. Tenant Prior to the commencement of the term of this lease, the Lessor shall not complete the following improvements ("Improvements") thereto, pursuant to plans and specifications which have been agreed to by the parties: (i) restrooms; (ii) drinking fountains; (iii) computer room; (iv) pay telephones; and (v) assisted entrance for accessibility by disabled persons. The Improvements shall be contracted for by Lessor, subject to the approval of Lessee. Promptly upon receipt of invoices for the Improvements, Lessor shall present the same to Lessee who shall reimburse Lessor for the cost thereof as additional rent. The Lessee shall clean and repair the floor of the Demised Premises to Lessee's satisfaction and at its expense, provided however that the Lessor shall 5 6 contribute $10,000.00 toward such cleaning and repair. Except as set forth above, Lessee shall make any alterations, additionsno alterations in, or additions or improvements to the to, said Demised Premises (structural or otherwise) without the prior written consent of LandlordLessor first had and obtained, which consent shall not be unreasonably withheld. TenantIf any permitted alterations, additions or improvements in or to said Demised Premises are made by Lessee, the Lessee covenants and agrees that Lessee will make all such alterations, additions or improvements in or to said Demised Premises at Lessee's own expense. If Lessee, its own cost agents and expenseemployees, may erect such shelvesmakes any alterations or improvements (whether or not authorized by Lessor), bins, machinery and trade fixtures as it desires provided that (a) such items do not overload which cause the accessibility or damage other requirements of the same; (b) such items may ADA to be removed without injury applicable to the Demised Premises or building in which the Demised Premises are located, Lessee agrees at Lessee's expense to pay for any modifications to the Demised Premises or building imposed by the ADA, or the rules and regulations issued thereunder. Any such permitted alterations, additions or improvements which are begun by Lessee shall be completed by Lessee. No alterations, additions or improvements shall be made which will weaken the structural strength of any building at any time forming a part of the Demised Premises; and (c) . Lessee shall, in making any such alterations, additions or improvements, and/or in using and/or occupying the constructionDemised Premises, erection or installation thereof complies comply with all applicable governmental laws, ordinances, regulations laws and with Landlord's specifications and requirementsordinances pertaining to such work and/or such use or occupancy. All alterations, Any additions, alterations or improvements made by Lessee shall become and partitions erected by Tenant shall remain a part of the Demised Premises, and be and remain the property of Tenant during Lessor upon the Term termination of this Leaselease or Lessee's occupancy of the Demised Premises. All shelvesNotwithstanding the above, binsthe Lessor may, machinery by giving written notice to the Lessee, require Lessee to restore the Demised Premises to the same condition they were in at the commencement of the lease. In any event, Lessee shall have the right to remove all Lessee's trade fixtures, furnishings and trade fixtures installed other personal property in the Demised Premises which have been placed there by Tenant Lessee, even though the same be attached to said Demised Premises, upon the condition that the removal of any such annexation shall be removed effected before the expiration of the term of this lease, and that all damage caused to said Demised Premises by such removal shall be repaired by Lessee on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good said term. Lessee shall indemnify and workmanlike completion of save harmless Lessor from and against all such work in compliance with Landlord’s approvals and all applicable legal requirementsexpenses, receipt of final lien waivers and bills paid affidavits from all contractorsliens, and expiration of all applicable lien periods without the filing of any claim for mechanic’s claims or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed damages to either property or person which may or might arise by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection reason of such to-be-covered work by an independent third-party architect who shall document such inspectionrepairs, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installationsimprovements, removals and restoration shall be performed in a good and workmanlike manner so as not to damage additions or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderremovals.
Appears in 1 contract
Alterations. A. Landlord's Consent and Conditions. Tenant shall not make any alterations, additions, ---------------------------------- improvements or improvements alterations to the Premises or Building (the "Work") that affect the structural components of the Building or which have a building permit value of more than $50,000, without in each instance submitting plans and specifications for the Work to Landlord and obtaining Landlord's prior written consent, which shall not be unreasonably withheld or delayed. The parties agree that the Tenant Improvement work described in Exhibit C shall be governed by the --------- Tenant Improvement Agreement, and shall not constitute Work for purposes of this Section. Tenant shall pay Landlord's reasonable and actual costs incurred for the review of all of the plans and all other items submitted by Tenant. Landlord will be deemed to be acting reasonably in withholding its consent for any Work which (a) adversely impacts the base structural components or systems of the Building, (b) adversely impacts any other tenant's premises, or (c) is visible from outside the Premises and in the reasonable judgment of Landlord, appears unsightly therefrom. Tenant shall pay for the cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. Upon completion all Work shall become the property of Landlord, except for Tenant's furnishings, at its own cost moveable equipment and expense, may erect such shelves, bins, machinery personal property and trade fixtures (including all of the aforementioned items located in Tenant's Data Center) and for items which Landlord requires Tenant to remove at Tenant's cost at the termination of the Lease pursuant to Section 5E. The following requirements shall apply to all Work:
(1) Prior to commencement, Tenant shall furnish to Landlord building permits and certificates of insurance reasonably satisfactory to Landlord.
(2) Tenant shall perform all Work so as it desires provided that to maintain peace and harmony among other contractors serving the Project and shall avoid unreasonable interference with other work to be performed or services to be rendered in the Project.
(a4) such items do not overload Tenant shall perform all Work so as to minimize or damage the same; (b) such items may be removed without injury prevent disruption to the Premises; other tenants, and (c) the construction, erection or installation thereof complies Tenant shall comply with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by reasonable requests of Landlord in response to complaints from other tenants.
(5) 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of perform all such work Work in compliance with Landlord’s approvals any reasonable "Policies, Rules and Procedures for Construction Projects" which may -------------------------------------------------------- be in effect at the time the Work is performed. The foregoing Policies, Rules and Procedures for Construction Projects shall not apply to the construction of the Tenant Improvements.
(6) Tenant shall permit Landlord to supervise and observe all Work. Landlord may charge Tenant for the actual out-of-pocket costs incurred by Landlord if Landlord deems it reasonably necessary to hire an outside consultant to supervise and observe Tenant's Work (e.g., a structural engineer to review an supervise any Work which may affect the structural components of the Building or roof).
(7) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such toclose-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant out documentation related to the building comprising a part of the Premises or Premises will Work, including any other information required under any reasonable "Policies, Rules and Procedures for ---------------------------------- Construction Projects" which may be in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.effect at such time. ---------------------
Appears in 1 contract
Sources: Lease (Navisite Inc)
Alterations. (a) If the Tenant requests that the Landlord make alterations in or additions to the Premises, and the Landlord agrees, such work will be performed under separate written contract to be negotiated between the Landlord and Tenant. The Tenant shall not make or permit anyone to make any alterations, additions, alterations in or improvements additions to the Premises without the prior written consent (hereinafter collectively called "Improvements") or install any equipment of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury any kind which will require any Improvements to the Premises; and , or which require the use of the Building Service Systems (c) defined below), without the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's advance written consent in each instance. The Landlord may consent to the Tenant's request to make improvements after the Tenant furnishes the Landlord with plans and specifications therefor, names and requirementsaddresses of contractors who will perform the work, and indemnification of the Landlord against claims, costs, damages, liabilities and expenses, each in form and amount satisfactory to the Landlord. The Landlord agrees to provide prompt review of Tenant's alteration request, 60 days or less depending on the complexity of the project, and will call for a project review meeting if any problems surface during the course of this review that require further input or discussion from the Tenant. The Landlord will not unreasonably delay the commencement of a Landlord-approved alteration project as long as the Tenant has complied with the requirements set forth in paragraph 8(a). All alterations, additions, improvements and partitions erected by Tenant Improvements 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not and only new, high grade materials shall be used. Whether the Tenant furnishes the Landlord the foregoing or not, the Tenant hereby agrees to damage indemnify, defend and hold the Landlord harmless from and defend it against any and all claims, actions, damages, liabilities and expenses of every kind and description which may arise out of or alter be connected in anyway with the primary structure Improvements or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premisesinstallation thereof. No alterations contemplated by Tenant to the building comprising a part of Before commencing any work in the Premises or Premises delivering any materials into the Building, the Tenant shall furnish the Landlord with a certificate of insurance from all contractors performing labor or furnishing materials, insuring the Landlord against all claims, costs, damages, liabilities and expenses which may arise out of or be connected in anyway with the Improvements or the installation thereof. The Tenant shall promptly furnish information regarding increase in the use of utilities, environmental services, and other services by the Tenant which the parties agree will in any way be a condition the basis for additional rent to be charged to the occurrence Tenant pursuant to this Lease. The Tenant shall ensure all work performed is in full compliance with the most current version of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder."199X Contractor Guide", as
Appears in 1 contract
Sources: Lease Agreement (Emagin Corp)
Alterations. This Lease is being entered into as an accommodation to Tenant shall not make any alterations, additions, or improvements in order to the Premises without the prior written consent allow Tenant to begin alteration work in contemplation of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part purchase of the Premises upon installation and will remain in place at under the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lienSale Agreement. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (to improve, equip, or its contractors) is work that will alter the Premises shall be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish workfollowing conditions:
(A) All such work shall be done at Tenant's sole cost, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspectionrisk, and expense and in accordance with all Legal Requirements and Insurance Requirements (iiias defined below).
(B) before performing the finish All such work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner with labor and materials of such quality as approved by Landlord (which approval will not be unreasonably withheld, delayed, or conditioned).
(C) No such work shall be commenced until approved in writing by Landlord (which approval will not be unreasonably withheld, conditioned, or delayed).
(D) All such work shall be performed in strict accordance with the plans and/or specifications previously approved by Landlord, which approval will not be unreasonably withheld, conditioned, or delayed.
(E) All such work shall be prosecuted diligently and continuously to completion.
(F) All such work shall be performed in a manner so as to minimize interference with the performance of Landlord's obligations under this Lease.
(G) Landlord may impose such reasonable conditions with respect to such work as Landlord deems appropriate, including, without limitation, requiring Tenant or Tenant's contractor to maintain insurance against liabilities which may arise out of such work and a payment and performance bond relative to that work.
(H) Tenant's work shall be performed by contractors approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned, or delayed).
(I) Upon completion of any such work and upon Landlord's request, Tenant shall deliver to damage Landlord evidence of payment, contractors' affidavits, and full and final waivers of all liens for labor, services, or alter material.
(J) Tenant shall reimburse Landlord, within thirty (30) days of Landlord's demands for all costs and expenses incurred by Landlord to third parties for their review of Tenant's plans or work.
(K) No alterations, improvements, or additions (including lighting fixtures, track lighting tracks, track lighting cans, and light bulbs) made to the primary structure Premises by or structural qualities on behalf of either Landlord or Tenant may be removed by Tenant without Landlord's prior written consent prior to the consummation of the building comprising a part transaction contemplated by the Sale Agreement. All such alterations, improvements, or additions shall become the property of Landlord upon the Premises termination or expiration of this Lease, unless the transaction contemplated by the Sale Agreement is closed. Tenant shall have no (and other improvements situated on hereby waives all) rights to payment or compensation for any such alteration, improvement, or addition to the Premises. No alterations contemplated by However, Tenant's Trade Fixtures shall remain the property of Tenant as provided in Section 5.3 below,
(L) Tenant shall not allow any liens to be filed against the Premises or the Project in connection with the installation of any alterations, improvements, or additions to the building comprising a part Premises. If any such liens shall be filed, Tenant shall cause the same to be released (within thirty (30) days after the date of filing) by payment, bonding, or other method acceptable to Landlord. If Tenant shall fail to cancel or remove any lien, then Landlord, at its sole option, may obtain the release of that lien; and Tenant shall pay to Landlord, on demand, the amount incurred by Landlord for the release of each lien, plus an additional charge (in the amount of fifteen percent (15 %) of the amount expended or incurred by Landlord) to cover Landlord's administrative overhead and expenses.
(M) Tenant hereby indemnifies and holds Landlord harmless from all losses, costs, damages, claims, expenses (including reasonable attorneys' fees and costs of suit), liabilities, or causes of action arising out of or relating to any alterations, additions, or improvements that Tenant makes or causes to be made to the Premises or to any repairs made to any portion of the Project, including any occasioned by the filing of any mechanic's, materialman's, construction, or other liens or claims (and all costs or expenses associated with any such lien or claim) asserted, filed, or arising out of such work. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent of or request by Landlord, express or implied, to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for the improvement, alteration, or repair of the Premises or the Project or as giving Tenant any right or authority to contract for or permit the rendering of any labor or the furnishing of any materials that would give rise to a lien against the Premises or the Project.
(N) Tenant shall have the sole responsibility for compliance with all applicable Legal Requirements and Insurance Requirements relative to any such alterations, improvements or additions. Landlord's approval of any plans or specifications shall never constitute an indication, representation or certification that such alterations, improvements or additions will be in compliance with any way be a condition applicable Legal Requirement or Insurance Requirement or as to the occurrence adequacy or sufficiency of the Commencement Date alterations, improvements, or commencement additions to which such consent relates. In instances in which several sets of requirements must be met, the strictest applicable requirements shall control.
(O) As used herein, "Insurance Requirements" means the terms of any insurance policy relative to the Project carried by Landlord or Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Alterations. Any and all alterations, additions or improvements, except trade fixtures, installed at the expense of the Tenant shall not make any become the property of the Landlord and shall remain upon and shall be surrendered with the Leased Premises as a part thereof upon termination of this Lease. Such alterations, additions, or improvements to the Premises without may only be made with the prior written consent and approval of the Landlord, which shall not unreasonably withhold said consent. If consent is granted by the Landlord for the making of improvements, alterations or additions to the Leased Premises, such improvements, alterations or additions shall not commence until such time as the Tenant has furnished the Landlord with a copy of all plans and a certificate of insurance showing coverage in an amount satisfactory to the Landlord protecting the Landlord from liability for injury to any person and damage to any personal property, on or off the Leased Premises, in connection with the making of such improvements, alterations or additions. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by the Tenant without prior written permission of the Landlord. If such permission is granted, such work or installation shall be done at the Tenant’s expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at the Tenant’s expense and repair, also at the Tenant’s expense, any damage which may result from such removal or reinstallation. Upon termination of this Lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by the Landlord. Tenant shall promptly repair, at its own cost and expense, may erect any damages resulting from such shelvesremoval. At the termination of this Lease, binsTenant shall deliver the Leased Premises in good order and condition, machinery and natural deterioration only excepted. Any damage caused by the installation of trade fixtures as it desires provided that (a) such items do not overload or damage shall be repaired at the same; (b) such items may be removed without injury Tenant’s expense prior to the Premises; and (c) expiration of the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsLease Term. All alterations, additionsimprovements, improvements additions and partitions erected repairs made by the 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 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. Unless otherwise agreed made in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcmanner.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Triple Net Commercial Lease Agreement (Advanced Container Technologies, Inc.)
Alterations. (a) Tenant shall obtain Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed so long as the value or utility of the Premises in its current use is not diminished thereby, before making any change in the structure of the Improvements or any building system costing more than $100,000. Subject to the terms of the preceding sentence, Tenant may make any alterations, additions, additions or improvements to the Premises costing less than $200,000 without Landlord's consent only if (i) such alterations, additions or improvements will be in compliance with all applicable laws, codes, rules, regulations and ordinances, (ii) such alterations, additions or improvements will not reduce the fair market value or utility of the Premises in its current use, considered as unencumbered by this Lease, and (iii) such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. In all other cases, Landlord's prior written consent shall be required which consent shall not be unreasonably withheld, conditioned, or delayed so long as the value or utility of the Premises in its current use is not diminished thereby. In no event shall Tenant be permitted to install underground storage tanks or fuel systems on the Premises.
(b) All alterations, additions or improvements including those required to be made by paragraph 23(c) below, requiring Landlord. 's consent shall be made at Tenant, at its own 's sole cost and expenseexpense as follows:
(i) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s) approved in writing by Landlord, shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion.
(ii) Landlord shall notify Tenant in writing within thirty (30) days whether Landlord approves, approves on condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such plans and specifications. Tenant may erect such shelvessubmit to Landlord revised plans and specifications for Landlord's prior written approval, bins, machinery and trade fixtures as it desires provided that which approval shall not be withheld or delayed if (a) such items do not overload the work to be done would not, in Landlord's reasonable judgment, adversely affect the value, character, rentability or damage usefulness of the same; Premises or any part thereof, or (b) the work to be done shall be required by any Law (hereinafter defined). Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such items plans and specifications.
(iii) All changes (other than field changes for which no change order is proposed and which will be reflected in the final "as built" plans) in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make such change in approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves, approves on condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such change. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord.
(iv) Tenant shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with the plans and specifications approved in writing by Landlord. Tenant shall pay, as Additional Rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions or improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work.
(v) Tenant shall give written notice to Landlord of the date on which construction of any work to be done by outside contractors will be commenced at least ten (10) days prior to such date. Landlord shall have the right to post and keep posted on the Premises any notices that may be removed without injury provided by law or which Landlord may deem to be proper for the Premises; protection of Landlord and the Premises from liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant.
(cvi) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements fixtures and partitions erected improvements, whether temporary or permanent in character, made in or to the Premises by Tenant Tenant, shall become part of the Premises and Landlord's property, except those which are readily removable with causing material damage to the Premises (which shall be and remain the property of Tenant during the Term Tenant). Upon termination or expiration of this Lease, Tenant shall, at Tenant's expense, remove all movable furniture, equipment, trade fixtures, office machines and other personal property (including Tenant's Trade Fixtures) from the Premises (but not the Improvements or Equipment) and repair all damage caused by such removal. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination Termination of this Lease or vacating shall not affect the Premises, at which time obligations of Tenant shall restore the Premises pursuant to their original condition. Unless otherwise agreed in advance, any Tenant improvements this paragraph 23(b) to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry after such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etctermination.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Lease Agreement (Egl Inc)
Alterations. Tenant shall not make any alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord's prior written consent. If Landlord gives its consent to such alterations, additionsLandlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or improvements 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises without the prior written consent of LandlordPremises. TenantIf Landlord so elects, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed the condition designated by Landlord in advanceits election, any Tenant improvements to before the Premises will become part last day of the Premises upon installation and will remain term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in place at the expiration writing to Tenant's alteration of the Term upon receipt Premises, Tenant shall contract with a contractor approved by Landlord for the construction of verification of good such alterations, shall secure all appropriate governmental approvals and workmanlike completion of all permits, and shall complete such work alterations with due diligence in compliance with Landlord’s approvals plans and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company specifications approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of All such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration construction shall be performed in a good and workmanlike manner so as which will not to damage or alter interfere with the primary structure or structural qualities quiet enjoyment of other tenants of the building comprising a part of Project. Tenant shall pay all costs for such construction and shall keep the Premises and other improvements situated the Project free and clear of all mechanics' liens which may result from construction by Tenant. If Landlord gives its consent, no such alterations will proceed without Landlord's prior written approval of ▇▇▇▇▇▇'s contractor, which shall be conditioned on proof of insurance by ▇▇▇▇▇▇'s contractor for public liability and automobile liability and property damage insurance with limits not less than $1,000,000/$250,000/$500,000 respectively endorsed to show Landlord as an additional insured and for worker's compensation as required and detailed plans and specifications for such work. Tenant will keep the Premises and Property free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, its agents or contractors. ▇▇▇▇▇▇ agrees that should any lien be posted on the Premisesproperty due to work performed, materials furnished, or obligations incurred by it, that it will immediately notify and proceed to remove such lien. No alterations contemplated by Tenant further acknowledges that it will remain liable to Landlord and indemnify it for any costs or damages to Landlord or the building comprising property as a part result of such liens. Landlord has the right to post and keep posted in the Premises and/or Property, any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord, the Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderand/or Property from such liens.
Appears in 1 contract
Sources: Lease Agreement (Diversified Security Solutions Inc)
Alterations. Tenant Lessee shall not make or cause to be made any alterationsalteration, additionsaddition, change or improvements improvement to the Leased Premises without the prior written consent of Landlordthe Lessor. Tenant, at its own cost and expense, may erect In the event Lessor approves any such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, changes or improvements and partitions erected to the Leased Premises, such alterations, additions, changes or improvements will be performed at the sole expense of the Lessee. Unless otherwise agreed upon in writing by Tenant shall be and remain Lessor, at the property of Tenant during the Term termination of this Lease. All shelves, binsLessee shall, machinery if Lessor so elects, remove all alterations, additions, or improvements erected by Lessee and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Leased Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all All such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a good workmanlike manner. If Lessor does not elect to have Lessee make such removals, all alterations, additions or improvements made in or upon the Leased Premises, either by Lessor or Lessor, shall be Lessor's property and workmanlike manner so as not to damage or alter shall remain upon the primary structure or structural qualities Leased Premises at the termination of the building comprising a part term of this Lease, by lapse of time or otherwise, without compensation to Lessee.
11.1 Lessee shall keep the Leased Premises free of any mechanic's lien or encumbrance due to Lessee's alterations, additions, removals or improvements. Lessee agrees to indemnify and hold Lessor or its assigns harmless from any liability resulting from all alterations, additions, changes or improvements performed on the Leased Premises at the instance of Lessee. Lessee agrees at its sole expense to obtain any necessary permits, approvals or licenses required for said alterations, additions, changes or improvements.
11.2 Neither Lessee, nor any agent, employee or independent contractor of Lessee shall, under any circumstances, puncture, cut, tear or create any opening in the roof structure for any reason, either by intent or accident. If the same occurs, Lessee shall be responsible for the immediate total cost and repair to place the roof structure back to its original condition. Lessee shall commence repair within five (5) days of said damage to the roof and shall thereafter diligently and continuously proceed with such repair until completion. In the event said repair is not so commenced and completed, Lessor may, but is not obligated to, enter the Leased Premises and other improvements situated on the Premisesconduct or complete said repair at Lessee's sole cost. No alterations contemplated Any expense so incurred by Tenant Lessor shall constitute Additional Rent hereunder and be due and payable within fifteen (15) days of receipt of a notice from Lessor as to the building comprising a part amount of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersaid expense.
Appears in 1 contract
Sources: Business Lease (Stupid Pc Inc /Ga)
Alterations. (a) Landlord agrees that Tenant shall not may, at its own expense and after giving Landlord notice in writing of its intention to do so, from time to time during the term hereof, make any alterations, additions, improvements and changes (collectively referred to in this article as "improvements") in and to the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes, provided that the value of the Premises is not thereby diminished; provided, however, no improvements costing in excess of Two Thousand Five Hundred Dollars ($2,500.00) may be made without first procuring the approval in writing of Landlord. In addition, no improvements shall be made to any store front, mechanical system, the exterior wall or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent and approval of Landlord shall first have been obtained. In no event shall Tenant make or cause to be made any penetration into or through the roof or floor of the Premises without the prior written consent approval of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be directly responsible for any and remain all damages resulting from any violation of the property of Tenant during the Term provisions of this LeaseArticle. All shelves, bins, machinery and trade fixtures installed by Tenant shall improvements to be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements made to the Premises will become part of which require the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and Landlord shall be performed by under the supervision of a reputable construction company competent architect or competent licensed structural engineer and made in accordance with plans and specifications with respect thereto, approved in writing by LandlordLandlord before the commencement of work, and who shall carry where such insurance and meet such other requirements as Landlord shall specifyapproval is required pursuant to the provisions of this Article. All invoices for work with respect to any improvements shall must be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. Upon completion of such work, Tenant shall file for record in the office of the County Recorder where the Shopping Center is located a Notice of Completion, as required or permitted by law, and Tenant shall deliver to Landlord, within ten (10) days after completion of said work, a copy of the building permit with respect thereto. Upon termination of this lease, such improvements shall not be removed by Tenant but shall become a part of Premises. Any such improvements shall be performed and done strictly in accordance with the laws and ordinances relating thereto. In performing the work of any such improvements, Tenant shall have the work performed in such a manner as not to damage or alter obstruct the primary structure or structural qualities access to the premises of any other tenant in the Shopping Center.
(b) In the event that Tenant shall make any permitted improvements to the Premises under the provisions of this Section 12.4, Tenant agrees to carry such insurance as boattree\misc\tierra.lse 15 required by Article 16.1(e) covering any such improvements, it being expressly understood and agreed that none of such improvements shall be insured by Landlord under the insurance it may carry upon the building comprising of which the Premises are a part part, nor shall Landlord be required under any provisions for reconstruction of the Premises to reinstall any such improvements.
(c) Any trade fixtures, signs and other improvements situated on personal property of Tenant which Tenant places in the Premises and is not permanently affixed to the Premises shall remain the property of Tenant and Landlord agrees that Tenant shall have the right, provided Tenant is not in default under the terms of this Lease, to remove any and all of its trade fixtures, signs and other personal property which it may have stored or installed in the Premises, including without limitation, counters, shelving, showcases, mirrors and other movable personal property. No alterations contemplated Tenant shall, at its expense, immediately repair any damage occasioned to the Premises by reason of the removal of any such trade fixtures, signs, and other personal property, and upon the last day of the Lease Term or the date of earlier termination of this Lease, shall leave the Premises in a neat and clean condition, free of debris. All trade fixtures, signs and other personal property installed in or attached to the Premises by Tenant must be in good condition when so installed or attached.
(d) All improvements to the building Premises by Tenant, including but not limited to mechanical systems, light fixtures, floor coverings and partitions and other items comprising a part Tenant's Work pursuant to Exhibit C but excluding removable trade fixtures and signs, shall become the property of the Premises Landlord upon expiration or Premises will in any way be a condition to the occurrence earlier termination of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderthis Lease.
Appears in 1 contract
Sources: Retail Space Lease (American Marine Recreation Inc)
Alterations. Tenant shall not make (or permit to be made) any alterationschange, additions, addition or improvements 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 prior written consent of Landlord, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord and prepared by an architect approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such indemnification, insurance, 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, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (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 the Premises) shall become the property of Landlord and shall, at Landlord's election, be (1) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefore, or (2) removed by Tenant, at its own cost Tenant's expense with all damage caused by such removal repaired by Tenant. Tenant may remove Tenant's trade fixtures, office supplies, movable office furniture and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do equipment not overload or damage the same; (b) such items may be removed without injury attached to the Premises; and (c) the constructionBuilding, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 provided such removal is made prior to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt Term, no uncured Event of verification of good Default has occurred and workmanlike completion of Tenant promptly repairs all damage caused by such work in compliance with Landlord’s approvals removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all applicable legal requirementsliens, receipt of final lien waivers claims, damages, losses, liabilities and bills paid affidavits from all contractorsexpenses, and expiration of all applicable lien periods without the filing of any claim for mechanic’s including attorneys' fees, which may arise out of, or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will connected in any way with, any such change, addition or improvement. Within ten (10) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderproper bond.
Appears in 1 contract
Alterations. Tenant Lessor agrees that Lessee may at its own expense, from ----------- time to time during the term hereof, make such interior alterations and changes in and to the Leased Premises, as it finds necessary or convenient for its purposes, provided that such interior alterations, additions or changes shall not lessen the value of the building in which the Leased Premises is located; provided, however, that Lessee shall not make any structural changes or alterations or non-structural changes or alterations costing in excess of $7,500.00 without the prior written consent of Lessor, which shall not be unreasonably withheld or delayed. Any structural alterations, additionsadditions and changes shall remain on the Leased Premises at the end of the term of this Lease, or any renewal term hereof, and shall be considered as improvements to and become a part of the real estate of Lessor. Lessee agrees that any interior alterations, additions and changes aforesaid made by it will be erected or made in a first-class, workmanlike manner and all shall be subject to the terms and conditions of this Lease. Lessee may not expand the Leased Premises without the prior written consent of LandlordLessor. TenantIt is understood and agreed, at its own cost and expensehowever, may erect such shelves, binsthat all trade equipment, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage of every kind and description placed in and upon the same; (b) such items may be removed without injury to Leased Premises by Lessee during the Premises; and (c) the constructionterm of this Lease, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain personal property belonging to Lessee, and, at the property expiration or termination of Tenant during the Term term of this Lease. All shelves, binsor any renewal hereof, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Lessee shall have the prior written approval of Landlordright to remove such personal property from the Leased Premises, and shall be performed by a reputable construction company approved in writing by Landlordrestore and repair, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If at its expense, any improvement work by Tenant (or its contractors) is work that will be covered up damage to the Leased Premises directly caused by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection removal of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement items of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderpersonal property.
Appears in 1 contract
Alterations. Tenant shall will not make any alterations, additions, alterations of or improvements additions to the Leased Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and . All work to be performed in the Leased Premises shall be performed by a reputable construction company competent contractors and subcontractors, approved in writing by Landlord, which approval shall not be unreasonably withheld by Landlord, except that Landlord may in any event condition its approval of such contractors and who shall carry subcontractors on the Tenant's furnishing separate performance and payment surety bonds covering any work to be performed by such insurance contractors or subcontractors on the Leased Premises, and meet such other requirements as Landlord shall specify. All invoices may, in any event, require that contractors and subcontractors normally employed by Landlord be engaged for improvements shall any mechanical or electrical work and thus any alterations be available for inspection done by contractors or subcontractors compatible with those workmen, contractors and subcontractors employed from time to time in the Building by Landlord. If any improvement All alteration work performed by or for Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant hereunder must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike such manner so to avoid disruption of the Building operations or disturbance of other tenants in the Building. Unless Landlord requires the Tenant to restore the Leased Premises as not to set forth in this Lease, all alterations, additions or improvements which may be made by either of the parties hereto upon the Leased Premises, except office furnishings purchased by Tenant which may be removed without damage or alter destruction to the primary structure or structural qualities Leased Premises, shall be the property of Landlord and shall remain upon and be surrendered with the building comprising Leased Premises as a part thereof at the termination of this Lease or any calculation thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to stand against the Leased Premises and other improvements situated on the Premiseswill immediately remove all such liens. No alterations contemplated Landlord may remove such liens and Tenant shall immediately reimburse Landlord upon demand for all costs and expenses, including attorney's fees, incurred by Tenant to the building comprising a part of the Premises Landlord in removing such mechanic's or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundermaterialmen's lien.
Appears in 1 contract
Alterations. Tenant Lessee shall not make or permit to be made any alterations, additions, improvements and/or additions of any kind or improvements nature to the Demised Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation any part thereof complies with all applicable governmental laws, ordinances, regulations accept by and with Landlordthe approval of Lessor, which approval shall be in Lessor's specifications and requirementssole ownership discretion. All alterations, additions, improvements and partitions erected by Tenant additions to the Demised Premises shall be made in accordance with plans and remain the property of Tenant during the Term of this Leasespecifications prepared by Lessee and approved by Lessor and in accordance with all applicable building codes. All shelves, bins, machinery and trade fixtures installed The approval by Tenant shall be removed on or before the earlier to occur Lessor of the date plans and specifications shall not constitute the assumption of termination any liability on the part of Lessor for their compliance or conformity with applicable building codes and the requirements of this Lease or vacating the Premisesfor their accuracy, at which time Tenant and Lessee shall restore the Premises to their original conditionbe solely responsible for such plans and specifications. Unless otherwise agreed in advanceSuch alterations, any Tenant improvements and additions to the Demised Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner so as not using first-quality materials and shall at once when made or installed be deemed to damage or alter have attached to the primary structure or structural qualities fee and to have become the property of Lessor and shall remain for the benefit of Lessor at the end of the building comprising a part Term, or other expiration of the Premises this Lease, in as good order and other improvements situated on the Premises. No alterations contemplated by Tenant condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within fifteen (15) days thereafter, Lessor so directs, Lessee shall promptly remove the alterations, improvements, additions, fixtures and installations which were placed in the Demised Premises by Lessee and which are designated in said notice and repair any damage occasioned by such removal and in default thereof, Lessor may effect said removals and repairs at Lessee's expense. In the event of making such alterations, improvements and/or additions as herein provided, Lessee shall protect, indemnify, save and hold harmless Lessor from all expense, liens, claims or damages to either persons or property arising out of, or resulting from the undertaking or making of such alterations, improvements and/or additions including, without limitation, mechanic's liens or other liens claimed or filed or building comprising a part of the Premises or Premises will in any way be a condition code violations attributable to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersuch work.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and Tenant's sole expense, may erect such shelvesinstall necessary trade fixtures, bins, machinery equipment and trade fixtures as it desires furniture in the Premises provided that (a) such items do not overload or are installed and are removable without structural damage to the same; (b) such items may Building. Said trade fixtures, equipment and furniture shall remain Tenant's property and shall be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property prior to expiration of Tenant during the Term or upon earlier termination of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on Landlord reserves the fight to approve or before disapprove of any alterations to the earlier to occur exterior appearance of the date Building and any interior improvements visible from outside the Premises on wholly aesthetic grounds. Such improvements must be submitted for Landlord's written approval prior to installation or Landlord may remove or replace such items at Tenant's sole expense. Upon Landlord's prior written approval, which shall not be unreasonably withheld, delayed or conditioned. Tenant may make non-structural alterations to the Premises and may also install temporary improvements in the interior of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant provided that such improvements are installed and are removable without structural damage to the Premises will become part Building and excepting minor, non-structural alterations such as painting or re- carpeting which do not cost in excess of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with $25,000 which Tenant may perform without Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien's consent. All improvements shall have the prior written approval of Landlord, and approvals given by Landlord pursuant to this Article H shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection deemed conditioned upon completion of the finish work, then before the finish work is added Tenant must (i) have Tenant's acquiring all inspections applicable permits required by the City, County or other agency with jurisdiction performed without violation notedgovernmental authorities, (ii) obtain inspection furnishing of copies of such to-be-covered permits together with a copy of the plans and specifications to Landlord prior to commencement of the work by an independent third-party architect who shall document such inspectionthereon, and (iii) before performing the finish work that will cover such other work, notify Landlord compliance by Tenant with all conditions of said permits in writing at least three (3) business days before commencement a prompt and expeditious manner. Any alterations or installations by Tenant during the term of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration this Lease shall be performed done in a good and workmanlike manner so as not manner, with good and sufficient materials, and in compliance with all Regulations. If a notice of completion is required for such work, Tenant shall file it and provide Landlord with a copy. Tenant shall, at Tenant's cost, provide Landlord with a set of "as-built" drawings for any work which Tenant undertakes. Tenant shall repair, at Tenant's sole expense, all damage to damage the Premises and/or Building caused by the installation or alter removal of trade fixtures, equipment, furniture or temporary improvements. If Tenant fails to remove the primary structure or structural qualities foregoing items on termination of this Lease, Landlord shall, be the owner of such items. The parties agree that although Tenant's storage racks will be bolted to the floor of the building comprising a part Premises, they will remain the personal property of Tenant, and will be removed by Tenant on or prior to at the expiration or earlier termination of the Premises Lease and other improvements situated on the Premises. No alterations contemplated Tenant shall promptly repair any damage caused by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersuch removal.
Appears in 1 contract
Sources: Lease (Am General Corp)
Alterations. Tenant as consented to by Lessor shall be permitted to remain with premises without removal at end if Lease terms. Lessee shall not make any alterations, additions, alterations in or improvements additions to the Premises premises without the prior Lessor's advance written consent of Landlordin each and every instance. Tenant, at its own cost and expense, may erect The Lessor's decision to refuse such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant consent shall be and remain the property of Tenant during the Term of this Lease. All shelvesconclusive, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlordbut not unreasonably withheld. If any improvement work by Tenant (Lessor consents to such alterations or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days additions before commencement of the finish work or delivery of any materials on the premises or into the Building, Lessee shall furnish Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to allow LandlordLessor and waivers of lien against any and all claim, if it so desires for its own protectioncosts, damages, liabilities, and expenses which may arise in connection with the alterations or additions. Whether Lessee furnishes Lessor the foregoing or not, Lessee hereby agrees to inspect such to-be-covered workhold Lessor harmless from and all liabilities of every kind and description which may arise of or to be connected in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, Lessee shall furnish Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring Lessor against any and all liabilities which may arise of or be connected in any way with said additions or alterations. Lessor's decision to refuse to consent to Lessee's making alterations in or additions to the premises shall be conclusive, but not unreasonably withheld. Upon completing any alterations or additions, Lessee shall furnish Lessor with contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, installations, removals alterations and restoration additions shall comply with all insurance requirements and with all ordinances and regulations. All alterations and additions shall be performed constructed in a good and workmanlike manner so as and only good grades of materials shall be used. Lessee shall permit Lessor to inspect construction operations in connection with alterations and additions if Lessor requests to do so, but not to damage unreasonably delay or alter acceptable methods or materials per trade. All additions, hardware, non-trade fixtures and all improvements, temporary, or permanent, in or upon the primary structure premises, whether placed there by Lessee or structural qualities Lessor, shall, unless Lessor requests their removal, become Lessor's property and shall remain upon the premises at the termination of this lease. If Lessee does not remove Lessee's furniture, machinery, trade fixtures and all other forms of personal property of every kind or description from the building comprising premises within 10 days from final occupancy date and Lessee's receipt of written notice from Lessor of its intent to exercise its rights under this paragraph, whichever last occurs, however ended, Lessee shall be conclusively presumed to have conveyed the same to Lessor under this lease as a part of the Premises and other improvements situated on the Premises. No alterations contemplated bill ▇▇ sale without further payment or credit by Tenant to the building comprising a part of the Premises Lessor or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderLessee.
Appears in 1 contract
Sources: Asset Purchase Agreement (National Techteam Inc /De/)
Alterations. Tenant shall not make any alterations, additions, alterations or improvements in or to the Leased Premises ("Alterations") without Landlord's written consent. The Landlord will review, within 30 calendar days of notification, any permanent physical changes to the prior written consent Leased Premises initiated by the Tenant. All planned improvements initiated by the Landlord will be done in consultation with the Tenant to ensure that the work does not interrupt operations and is appropriate to meet programming goals and objectives. During the term of this Lease, Tenant will have the right to veto any work proposed that does not meet its programming or interpretive goals. Tenant shall not permit or allow any lien to be filed or recorded against the Property or the Leased Premises or Landlord. 's interest therein and Tenant shall fully cooperate with Landlord in obtaining the protection afforded Landlord under Section ▇▇-▇▇-▇▇▇, C.R.S. All additions, alterations and improvements made in or to the Leased Premises by either Landlord or Tenant, including any attached fixtures and equipment installed by Tenant, shall, at its own cost and expensethe option of the Landlord, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain become the property of Tenant during Landlord and be surrendered with the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before Leased Premises at the earlier to occur of the date of termination of this Lease or vacating be removed by Tenant at its expense and the Premises, at which time Tenant shall restore the Leased Premises restored to their its original condition. Unless otherwise agreed in advance, any Tenant improvements Subject to the Premises will become part provisions of the Premises upon installation this paragraph, Tenant may remove all other fixtures and will remain in place equipment, provided Tenant repairs any damage caused by such removal. The failure of Tenant to remove its fixtures or any of its property at the expiration termination of this Lease shall be deemed abandonment of such property at the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval option of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Lease Agreement
Alterations. 9.1 Any leasehold improvements to the Premises contemplated by Landlord and Tenant to be made prior to the commencement of the Lease Term shall be performed in accordance with the provisions of Exhibit "E".
9.2 Other than any leasehold improvements to be made under Section 9.1, Tenant shall not make make, or allow to be made, any alterations, additions, additions or improvements to the Premises without the prior written consent approval of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additionsadditions or improvements installed on the Premises by either party, improvements and partitions erected by Tenant including, without limitation, fixtures, but excluding readily movable trade fixtures, shall be and remain become 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place Landlord at the expiration of the Term upon receipt of verification of good Lease Term, unless Landlord requests their removal, in which event, Tenant shall remove any such alterations, additions or improvements and workmanlike completion of all such restore the Premises to its original condition at Tenant's expense.
9.3 Prior to commencing any construction work in compliance with Landlord’s approvals on the Premises, Tenant must furnish to Landlord adequate plans and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without specifications for the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord. Once approved, Tenant shall not modify the plans and specifications without, again, obtaining the written approval of Landlord. Landlord's approval of the plans and specifications shall not be deemed to be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations.
9.4 All construction work shall be performed only by a reputable construction company Landlord or by contractors and subcontractors approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by Landlord does not perform the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish construction work, then before Tenant shall cause all of its contractors and subcontractors to procure and maintain insurance coverage against such risks and in such amounts as Landlord may reasonably require and with such companies as Landlord may reasonably approve. Landlord may also require Tenant to furnish a payment and performance bond, reasonably satisfactory to Landlord in an amount covering the finish work is added Tenant must (i) have all inspections required by cost of the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other construction work, notify Landlord in writing at least three (3) business days before and/or require Tenant to obtain a waiver and release of liens from all contractors and subcontractors prior to commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered construction work. ▇▇▇▇▇▇ agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from any such construction work performed by ▇▇▇▇▇▇ or on ▇▇▇▇▇▇'s behalf.
9.5 All alterationsconstruction work by, installationsor on behalf of, removals and restoration shall Tenant must be performed in a good and workmanlike manner so as not to damage in accordance with the approved plans and specifications, lien-free, and in compliance with all governmental laws and requirements. Tenant shall only utilize new materials of a quality that is equal or alter better than the primary structure or structural qualities quality of the building comprising a part of the Premises and other improvements situated those materials already on the Premises.
9.6 Tenant shall not permit any mechanic's liens to be filed against the Premises or the Building for any work performed, materials furnished, or obligation incurred by or at the request of Tenant, including, but not limited to, any work performed, materials furnished, or obligations incurred by or at the request of Tenant for construction performed under the provisions of Exhibit "E". No alterations contemplated If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the filing to Tenant, either pay the amount of the lien or diligently contest such lien, in which event, Tenant shall deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may, at its election, pay the lien claim without inquiry as to the validity thereof, and any amounts so paid, plus Landlord's expenses and an administrative fee equal to fifteen percent (15%) of the amount paid, shall be paid by Tenant to the building comprising a part of Landlord as additional rental within ten (10) days after Landlord has delivered to Tenant an invoice therefor. No work which Landlord permits Tenant to perform in the Premises shall be deemed to be for the immediate use or Premises will in any way benefit of Landlord so that no mechanics or other lien shall be a condition allowed against the estate of Landlord by reason of its consent to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersuch work.
Appears in 1 contract
Sources: Office Lease (Phymed Inc)
Alterations. 8.01 Landlord shall have no responsibility for any loss or damage to any fixtures, equipment or other property installed or left in the Premises from any cause except as results from the intentional or grossly negligent acts of Landlord. Tenant's entry prior to the commencement of the term shall be subject to all of the applicable provisions of this Lease, except for the obligation to pay Rent. Tenant shall furnish Landlord with copies of all certificates and approvals relating to any installation work done by Tenant which may be issued or required by any governmental authorities. Tenant shall diligently prosecute such work to completion and with all due diligence shall open the Premises for the conduct of its business.
8.02 Tenant shall not make or permit to be made any alterations, additions, additions or improvements to the Premises or any part of the Premises, or attach any fixtures or equipment, without the prior first obtaining Landlord's written consent, which consent of Landlordshall not be unreasonably withheld or delayed. TenantAny alterations, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload additions or damage the same; (b) such items may be removed without injury improvements to the Premises; Premises consented to by Landlord shall be made by a contractor approved by Landlord (which approval shall not be unreasonably withheld or delayed) for Tenant's account, and (c) Tenant shall reimburse Landlord, as Additional Rent, for the constructioncost, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with including a reasonable charge for Landlord's specifications and requirementsoverhead, for work done by Landlord, within ten (10) days after receipt of a statement. All alterations, additions, improvements fixtures and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelvesimprovements, binswhether temporary or permanent in character, machinery and trade fixtures installed by Tenant shall be removed on made in or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.the
Appears in 1 contract
Sources: Lease Agreement (Versata Inc)
Alterations. Tenant shall not LESSEE may make any minor alterations, additions, or additions and improvements to upon the Premises without lease premises at its sole cost and expense and with the prior written consent of Landlordthe LESSOR. TenantLESSEE agrees to hold the LESSOR harmless from any damage, at its own cost loss or expense arising from such alterations, additions and expense, may erect such shelves, bins, machinery improvements and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury agrees to the Premises; and (c) the construction, erection or installation thereof complies comply with all applicable governmental building and safety laws, ordinances, regulations rules and with Landlord's specifications and requirementsregulations. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term Upon termination of this Lease, all LESSEE'S alterations, additions and improvements, including without limitation all electrical, plumbing, lighting, air conditioning, heating, doors, permanent partitions, carpeting and other non-trade fixtures, shall remain upon the lease premises and be surrendered to the LESSOR: provided, that upon written notice by the LESSOR served on the LESSEE ten (10) days prior to termination or expiration, LESSEE shall remove all those additions, alterations and improvements as may be specified by the LESSOR and LESSEE shall repair and restore the leased premises to its original condition at LESSEE'S sole cost and expense. All shelvesProvided, binsfurther, machinery all such alterations, additions and trade fixtures installed improvements not removed by Tenant LESSEE within 10 days of the termination of the lease shall constitute a holdover tenancy for which rent shall be payable to LESSOR at a daily rate based on monthly rent until all such alterations are removed on or before and the earlier premises is returned to 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. Unless otherwise agreed in advanceLESSOR and LESSEE may from time to time, any Tenant improvements make separate written agreements regarding alterations to structural and mechanical elements of the Premises will premises to allow greater latitude to both parties to this lease. Separate written agreements shall become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, this lease and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject construed to inspection upon completion alter any other provisions of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderthis agreement.
Appears in 1 contract
Sources: Lease Agreement (Jungle Street Inc)
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord, and --- such consent shall not be unreasonably withheld, delayed or conditioned for non- -------------------------------------------------------------------------------- structural alterations; under $5,000.00. TenantLandlord shall not be required to --------------------------------------- notify Tenant of whether it consents to any alteration, at its own cost addition or improvement until it (a) has received plans and expensespecifications in a CAD disk format therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Building's structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (b3) such items may be removed without injury damage to the Premises; and (c) the construction. Unless Landlord specifies in writing otherwise, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected improvements, except for equipment in server room that is added by Tenant Tenant, ----------------------------------------------------------- shall be and remain Landlord's property when installed in the property of Tenant during the Term of this LeasePremises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation reasonable wear and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lientear excepted. All improvements shall have the prior written approval of Landlord, and shall be work performed by a reputable construction company approved --------------------------------- Tenant in writing by Landlordthe Premises (including that relating to the installations, repair replacements, or removal of any item) shall be in accordance with all applicable governmental laws, ordinances, regulations, and who shall carry such insurance with Landlord's specifications and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e.requirements, electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner manner, and so as not to damage or alter the primary Building's structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990. In connection with any such alteration, addition or improvement, Tenant shall pay to the building comprising a part Landlord an administration fee of the Premises or Premises will five percent (5%) of all costs incurred for such work in any way be a condition to the occurrence -- excess of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.$5,000.00 in consideration for construction administration services. -----------------------------------------------------------------------------
Appears in 1 contract
Sources: Lease Agreement (Clearcommerce Corp)
Alterations. Tenant Lessee shall not make any alterations, additions, or improvements exterior alterations to the Premises without the prior written approval of Lessor of the plans and specifications for said alterations, which approval shall not be unreasonably withheld or delayed. In addition, Lessee shall not make any interior alterations, additions or improvements to the Premises in excess of $500.00 without the prior written approval of Lessor of the plans and specifications for said alterations, which approval shall not be unreasonably withheld or delayed by Lessor. All work shall be performed by a contractor or contractors who shall be reasonably approved in writing by Lessor. All work performed in accordance with said approved plans and specifications; any material deviations therefrom must first be approved in writing by Lessor. Lessee may, without the consent of Landlord. TenantLessor, but at its own cost and expense, may expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it desires provided that (a) may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging such items do not overload Building or damage the same; (b) such items may be removed without injury to the Premises; improvements, and (c) the construction, erection or installation thereof complies in each case after complying with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and other requirements. All alterations, additions, improvements and partitions erected by Tenant Lessee shall be and remain the property of Tenant Lessee during the Term term of this Lease and shall become the property of Lessor as of the date of termination of this Lease, or upon earlier vacating of the Premises, and title shall pass to Lessor under this Lease as by a b▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant Lessee may be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall be removed on or before the earlier to occur of by the date of termination of this Lease or upon earlier vacating of the Premises, at which time Tenant Premises if required by Lessor; upon any such removal Lessee shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of a good and workmanlike completion of all such work in compliance with Landlord’s approvals Leaseable condition, less ordinary wear and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lientear. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a good and workmanlike manner so as not to damage or alter the primary structure structure, roof or structural qualities of the building comprising a part of the Premises Building and other improvements situated on within which the Premises are situated. If Lessor shall consent to any alterations, additions or improvements proposed by Lessee, Lessee shall construct and maintain the same to comply with all then existing governmental laws, ordinances, rules and regulations. Prior to commencing any work or installing any equipment (but only if such equipment requires alterations to the Premises. No alterations contemplated by Tenant to ) in excess of $5,000.00 in, on or about the building comprising a part of the Premises Premises, Building or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.Property, Lessee shall:
Appears in 1 contract
Sources: Business Lease (Nexpub Inc)
Alterations. A. Tenant will not make or allow to be made any alterations, additions and improvements including, but not limited to, painting, in or to the Demised Premises without prior written consent of Landlord, which shall not be unreasonably withheld. Landlord may impose, as a condition to consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done as well as requiring Tenant to provide a completion bond.
B. Any alterations, additions, or improvements made to the Demised Premises by Tenant shall not make be surrendered to Landlord and become the property of Landlord upon termination of this Lease. If prior to termination of this Lease, or within fifteen (15) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove any alterations, additions, or improvements improvements, placed in or on the Demised Premises by Tenant that are designated in said notice and shall repair any damage caused by such removal and in default thereof Landlord may effect said removals and repairs at Tenant’s expense. This clause shall not apply to the Premises without the prior written consent movable non-attached fixtures of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury .
C. All work with respect to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, and improvements and partitions erected by Tenant shall must 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner and diligently prosecuted to completion.
D. Any alterations, additions and improvements shall be completed strictly in accordance with the laws and ordinances relating thereto, and with the requirements of all carriers of insurance on the Demised Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. Tenant shall obtain, at its sole cost and expense, all required licenses and permits. In performing the work of any such alterations, additions or improvements, Tenant shall have the work performed in such a manner so as not to damage obstruct the access to the Building of any other tenant.
E. Before commencing any work or alter construction in or about the primary structure or structural qualities Demised Premises, Tenant shall notify Landlord in writing of the building comprising expected date of commencement and completion thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Demised Premises such notices as Landlord deems necessary to protect the Building, the Demised Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors.
▇. ▇▇▇▇▇▇ has no authority to and shall not create any liens for labor or material on or against the Building, the Demised Premises or any interest therein. ▇▇▇▇▇▇ agrees to notify any materialman, supplier, contractor, mechanic, or laborer involved with work on the Demised Premises at Tenant’s request that they must look only to Tenant or ▇▇▇▇▇▇’s other property interests. All materialmen, suppliers, contractors, mechanics and laborers may be put on notice of this Section by the recordation, at Landlord’s option, of a part memorandum of this Lease in the Clerk’s Office of the Circuit Court of ▇▇▇▇▇▇▇▇▇▇ County, Virginia and Tenant shall promptly execute and acknowledge such a memorandum if requested to do so by Landlord. Tenant shall require from any and all materialmen, suppliers, contractors, mechanics, laborers and subcontractors that they deliver to Tenant duly executed waivers of lien with respect to Landlord’s interest prior to the commencement of any work thereon or in the Demised Premises.
G. Notwithstanding the foregoing, if by reason of any construction, alteration, repair, labor performed, or materials furnished to the Demised Premises and for or on behalf of Tenant, any mechanic’s or other improvements situated on lien shall be filed, claimed, perfected or otherwise established as provided by laws against the Building or the Demised Premises, Tenant shall discharge or remove the lien by bonding or otherwise within fifteen (15) days after Tenant receives notice of the filing of same. No alterations contemplated by Nothing contained herein shall authorize Tenant to create any liens for labor or materials on or about Landlord’s interest in the building comprising a part of Building or the Demised Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderportion thereof.
Appears in 1 contract
Alterations. 8.1 Tenant shall not make any alterationsnot, additions, or improvements to the Premises without the prior written consent of Landlord, make any repairs, replacements, alterations, improvements, or additions to the Premises (collectively, "Alterations"). TenantIn the event Tenant desires to make any Alterations pursuant to this Article 8, at its own cost or any repairs or replacements pursuant to Article 7 of this Lease, Tenant shall, prior to commencing any such work provide Landlord with all documentation and expense, information that Landlord may erect reasonably request and obtain Landlord's approval thereof. Such documentation and information may include without limitation: (i) Submitting to Landlord plans and specifications showing such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the samework in reasonable detail; (bii) Furnishing Landlord with the names and addresses of all contractors and copies of all contracts with such items may be removed without injury contractors; (iii) Providing Landlord with evidence that all necessary Governmental Approvals have been obtained and that Tenant is in compliance with all Legal Requirements; (iv) Providing Landlord with certificates of insurance in forms and amounts satisfactory to the PremisesLandlord naming Landlord as an additional insured; and (cv) the constructionComplying with such other requests as Landlord may reasonably make in connection with such work. All such work shall, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with at Landlord's specifications election, be subject to supervision by Landlord, and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be promptly pay Landlord the reasonable cost of all such supervision.
8.2 Tenant hereby agrees to protect, defend, indemnify, and remain the property hold Landlord harmless from any and all liabilities of Tenant during the Term every kind and description that may arise out of this Leaseor in connection with such Alterations. All shelves, bins, machinery and trade fixtures installed by Tenant This indemnity obligation shall be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at survive the expiration of the Term upon receipt and the termination of verification this Lease.
8.3 Upon completing any such Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of good lien and workmanlike completion of receipted bills covering all such work in compliance labor and material expended and used.
8.4 All Alterations shall comply with Landlord’s approvals all insurance requirements and with all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of LandlordLegal Requirements, and shall be performed by a reputable construction company constructed in compliance with the plans, specifications and other documentation as approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration Alterations shall be performed constructed in a good and workmanlike manner so as not to damage and only new, good quality materials shall be used.
8.5 All Alterations, whether temporary or alter the primary structure or structural qualities of the building comprising a part of permanent in character, shall become Landlord's property and shall remain upon the Premises and other improvements situated on at the Premises. No alterations contemplated by termination or expiration of this Lease for any reason, without compensation to Tenant (excepting only Tenant's movable trade fixtures); provided, however, that Landlord shall have the right to require Tenant to remove such Alterations at Tenant's sole cost and expense in accordance with the building comprising a part provisions of the Premises or Premises will in any way be a condition to the occurrence Article 17 of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderthis Lease.
Appears in 1 contract
Sources: Lease for Office / Warehouse Building (Saving Energy Solar Inc.)
Alterations. Tenant shall not make any alterations(a) After the commencement of the Interim Term, additions, or improvements to the Premises without the prior written consent of Landlord. TenantLessee may, at its own cost and expense, may erect such shelvesmake additions to and alterations of the Improvements and construct additional Improvements, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (ci) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part fair market value of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation notedlessened thereby, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed expeditiously completed in a good and workmanlike manner so and in compliance with all applicable Legal Requirements and the requirements of all insurance policies required to be maintained by Lessee hereunder and (iii) no Improvements shall be demolished and no structural alterations shall be made to the Improvements which, after the Bond Date, shall be deemed to mean only that the Building shall not be demolished unless Lessee shall have first furnished Lessor with such surety bonds or other security acceptable to Lessor as shall be necessary to assure rebuilding of such Improvements (which, after the Bond Date, shall be deemed to mean only the Building) and unless Lessor’s prior consent shall have been obtained, which consent shall not to damage be unreasonably withheld or alter the primary structure or structural qualities of the building comprising a delayed. All such additions and alterations shall be and remain part of the realty and the property of Lessor and shall be subject to this Lease. Lessee may place upon the Premises any inventory, trade fixtures, removable tenant improvements, machinery or equipment belonging to Lessee or third parties and other improvements situated on may remove the Premisessame at any time during the term of this Lease. No alterations contemplated by Tenant Lessee shall repair any damage to the building comprising a part Premises caused by such removal. Lessor covenants and agrees that it (1) will not give any consent or approval under the Easement and Atrium Agreement of even date herewith between Lessor and United States Steel Corporation and (2) will not amend, modify or terminate said Easement and Atrium Agreement without in either case first obtaining the Premises or Premises will in prior approval of Lessee.
(b) After the Bond Date, Lessor shall reasonably cooperate with Lessee (at no cost to Lessor) and sign any way be a condition application to the occurrence governmental authority having jurisdiction necessary to permit Lessee to make any additions, alterations, substitutions and replacements as may be permitted by this Lease, provided that (i) Lessee shall certify to Lessor that such application is true and correct, (ii) Lessee shall indemnify Lessor against any cost, loss, damage, liability or expense (including reasonable attorneys’ fees and expenses) that Lessor may incur as a result thereof, and (iii) Lessor shall not be required to provide any affidavits of the Commencement Date officers or commencement employees of Tenant’s rental payment obligations hereunderLessor or legal opinions in connection therewith.
Appears in 1 contract
Alterations. A. Tenant will not make or allow to be made any alterations, additions and improvements including, but not limited to, painting, in or to the Demised Premises without prior written consent of Landlord, which shall not be unreasonably withheld. Landlord may impose, as a condition to consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done as well as requiring Tenant to provide a completion bond.
B. Any alterations, additions, or improvements made to the Demised Premises by Tenant shall not make be surrendered to Landlord and become the property of Landlord upon termination of this Lease. If prior to termination of this Lease, or within fifteen (15) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove any alterations, additions, or improvements improvements, placed in or on the Demised Premises by Tenant that are designated in said notice and shall repair any damage caused by such removal and in default thereof Landlord may effect said removals and repairs at Tenant's expense. This clause shall not apply to the Premises without the prior written consent movable non-attached fixtures of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury .
C. All work with respect to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, and improvements and partitions erected by Tenant shall must 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed done in a good and workmanlike manner and diligently prosecuted to completion.
D. Any alterations, additions and improvements shall be completed strictly in accordance with the laws and ordinances relating thereto, and with the requirements of all carriers of insurance on the Demised Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. Tenant shall obtain, at its sole cost and expense, all required licenses and permits. In performing the work of any such alterations, additions or improvements, Tenant shall have the work performed in such a manner so as not to damage obstruct the access to the Building of any other tenant.
E. Before commencing any work or alter construction in or about the primary structure or structural qualities Demised Premises, Tenant shall notify Landlord in writing of the building comprising expected date of commencement and completion thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Demised Premises such notices as Landlord deems necessary to protect the Building, the Demised Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors.
▇. ▇▇▇▇▇▇ has no authority to and shall not create any liens for labor or material on or against the Building, the Demised Premises or any interest therein. ▇▇▇▇▇▇ agrees to notify any materialman, supplier, contractor, mechanic, or laborer involved with work on the Demised Premises at Tenant's request that they must look only to Tenant or ▇▇▇▇▇▇'s other property interests. All materialmen, suppliers, contractors, mechanics and laborers may be put on notice of this Section by the recordation, at Landlord's option, of a part memorandum of this Lease in the Clerk’s Office of the Circuit Court of ▇▇▇▇▇▇▇▇▇▇ County, Virginia and Tenant shall promptly execute and acknowledge such a memorandum if requested to do so by Landlord. Tenant shall require from any and all materialmen, suppliers, contractors, mechanics, laborers and subcontractors that they deliver to Tenant duly executed waivers of lien with respect to Landlord's interest prior to the commencement of any work thereon or in the Demised Premises.
G. Notwithstanding the foregoing, if by reason of any construction, alteration, repair, labor performed, or materials furnished to the Demised Premises and for or on behalf of Tenant, any mechanic's or other improvements situated on lien shall be filed, claimed, perfected or otherwise established as provided by laws against the Building or the Demised Premises, Tenant shall discharge or remove the lien by bonding or otherwise within fifteen (15) days after Tenant receives notice of the filing of same. No alterations contemplated by Nothing contained herein shall authorize Tenant to create any liens for labor or materials on or about Landlord's interest in the building comprising a part of Building or the Demised Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderportion thereof.
Appears in 1 contract
Alterations. After initial completion of any work to be done by ▇▇▇▇▇▇, for which provision is made herein in EXHIBIT D attached hereto, Tenant shall not make any alterations, additions, alter or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury add to the Premises; and (c) the construction, erection except in accordance with written consent from Landlord, which Landlord agrees not unreasonably to withhold as to nonstructural alterations or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsadditions. All alterations, additions, improvements and partitions erected alterations made by Tenant shall be made in accordance with all applicable laws, in a good and remain first-class workmanlike manner and in accordance with the property requirements of Landlord's insurers and ▇▇▇▇▇▇'s insurers. Any contractor or other person undertaking any alterations of the Premises on behalf of Tenant shall be covered by Comprehensive General Liability and Workmen's Compensation insurance with coverage limits reasonably acceptable to Landlord and evidence thereof shall be furnished to Landlord prior to the performance by such contractor or person of any work in respect of the Premises. All work performed by ▇▇▇▇▇▇ in the Premises shall remain therein (unless, at the time Tenant requests Landlord's approval thereof, Landlord directs Tenant to remove the same on termination) and, at termination, shall be surrendered as a part thereof, except for ▇▇▇▇▇▇'s usual fixtures, trade furniture and equipment, if movable, installed prior to or during the Lease Term at Tenant's cost, which fixtures, trade furniture and equipment Tenant may remove upon the termination of this Lease. All shelves, bins, machinery Tenant agrees to repair any and trade fixtures installed by Tenant shall be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements all damage to the Premises will become part resulting from such removal (including removal of Tenant's improvements directed by ▇▇▇▇▇▇▇▇ as provided above) or, if Landlord so elects, to pay Landlord for the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing reasonable cost of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcrepairs forthwith after billing therefor.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Office Lease (Be Free Inc)
Alterations. Tenant shall not make any major alterations, additions, or improvements to the Premises demised premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. TenantTenant may without the consent of Landlord, but at its own cost and expenseexpense and in a good workmanlike manner, may make such minor alterations, additions, or improvements, or erect, remove, or alter such partitions, or erect such shelves, bins, machinery machinery, and trade fixtures as it desires provided that may deem advisable, (aincluding, but not limited to installation of freezers and refrigeration units) such items do not overload without altering the basic character of the building or damage the same; (b) such items may be removed without injury to the Premises; improvements, and (c) the construction, erection or installation thereof complies in each case complying with all applicable governmental laws, ordinances, regulations regulations, and with Landlord's specifications and other requirements. All Tenant shall promptly pay the costs of all work performed and shall indemnify and hold harmless the Landlord against liens, costs, damages and expenses incurred in connection therewith; including any attorneys' fees incurred by Landlord, if Landlord shall be joined in any action or proceeding involving such work. Under no circumstances shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all contractors and subcontractors performing the work have in full force and effect adequate workmen's compensation insurance as required by the Laws of the State, as well as public liability and builders risk insurance in such amounts, and according to terms satisfactory to Landlord. At the termination of this Lease, Tenant shall, if Landlord so elects, remove all alterations, additions, improvements improvements, and partitions erected by Tenant and restore the premises to their original conditions, otherwise such improvements shall be and remain delivered up to Landlord with the property of Tenant during the Term of this Leasepremises. All shelves, bins, machinery machinery, and trade fixtures installed by Tenant shall may be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection if required by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of All such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration restorations; shall be performed accomplished in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderdemised premises.
Appears in 1 contract
Sources: Commercial Lease Agreement (Military Resale Group Inc)
Alterations. Except for non-structural additions or alterations which do not cost more than $50,000.00 in the aggregate, Tenant shall not make or allow to be made any alterations, installations, additions, or improvements in or to the Premises or install any equipment or machinery (other than standard office equipment and unattached personal property), without the Landlord's prior written consent (which shall not be unreasonably withheld or delayed). Should Tenant desire to perform any alterations, Tenant shall submit plans and specifications for same to Landlord for Landlord's written approval before beginning such work. Upon receipt by Tenant of the written approval of Landlord of such plans and specifications, and upon payment by Tenant to Landlord of the reasonable fees (not to exceed $500.00) incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Landlord. Any and all such alterations, physical additions or improvements, including those improvements made at the Tenant's expense or under any agreement with the Tenant whereby the Tenant is given an allowance or rent reduction in exchange for Tenant's agreement to install or allow to be installed lease improvements, such as by way of example, but not limitation, wall coverings, floor coverings or carpet, paneling, doors, cabinets, appliances (such as built-in refrigerators and dishwashers) and hardware, shall become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and shall in no event be removed by Tenant; provided, however, that Landlord may require Tenant, at its own Tenant's cost, to remove any or all of such items upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and, at Tenant's expense, repair any damage caused by such removal. All installations shall be at Tenant's sole cost and expense. Without in any way limiting Landlord's consent rights, may erect such shelves, bins, machinery and trade fixtures as it desires provided that Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such items do not overload or damage and approves such contractor's insurance coverage to be provided in connection with the same; work, (b) such items may be removed without injury to Landlord approves final and complete plans and specifications for the Premises; work and (c) the constructionappropriate governmental agency, erection if any, has approved the plans and specifications for such work. All work performed by Tenant or installation thereof complies with all its contractor relating to the installations shall conform to applicable governmental laws, ordinancesrules and regulations, regulations and with including, without limitation, the Disability Acts. Upon completion of the installations, Tenant shall deliver to Landlord "as built" plans. If Landlord performs such installations, Tenant shall pay Landlord, as additional Rent, the cost thereof plus fifteen percent (15%) as reimbursement for Landlord's specifications and requirementsoverhead. Each payment shall be made to Landlord within twenty (20) days after receipt of an invoice from Landlord. All alterations, additions, improvements and partitions erected work performed 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 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. Unless otherwise agreed in advance, any Tenant improvements with respect to the Premises will become part shall (a) be performed so as not to alter the exterior appearance of the Premises upon installation and will remain in place at Building, (b) be performed so as not to adversely affect the expiration structure or safety of the Term upon receipt of verification of good Building, (c) comply with all building, safety, fire, and workmanlike completion of all such work in compliance with Landlord’s approvals other codes and all applicable legal governmental and insurance requirements, receipt (d) be performed so as not to result in any usage in excess of final lien waivers and bills paid affidavits from all contractorsBuilding Standard quantities of water, and expiration of all applicable lien periods without the filing of any claim for mechanic’s electricity, gas, heating, ventilating, or materialman’s lien. All improvements shall have the air-conditioning (either during or after such work) unless prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as arrangements reasonably satisfactory to Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency are made with jurisdiction performed without violation notedrespect thereto, (iie) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, be completed promptly and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so and in a quality equivalent to Building Standard, (f) be performed at Tenant's expense and at such times and in such manner as Landlord may designate from time to time to insure minimum disruption to other tenants in the Building, and (g) be performed in such a manner that no valid mechanic's, materialman's, or other similar liens be attached to Tenant's leasehold estate and in no event shall Tenant permit, or be authorized to permit, any such liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, estates, and interests with respect to the Project or this Lease. Landlord will have the right, but not the obligation, to damage or alter inspect periodically the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on work in the Premises. No alterations contemplated by Tenant to the building comprising a part of If any mechanic's lien is filed against the Premises or Premises will the Project or any portion thereof, Tenant shall cause same to be discharged within thirty (30) days after the lien is filed by paying or bonding over said lien. If Tenant fails to comply with the foregoing sentence, Landlord shall (without limitation of its other rights or remedies) have the right, but not the obligation, to discharge said lien and Tenant shall immediately reimburse Landlord for any sum of money expended by Landlord in any way connection with obtaining such discharge (together with an additional fifteen percent (15%) thereof to cover Landlord's administrative costs), which amount shall be deemed to be Rent hereunder for all purposes. Landlord may require (prior to commencement of construction), at Tenant's sole cost and expense, a condition lien and completion bond in an amount equal to the occurrence estimated cost of any improvements, additions or alterations in the Commencement Date or commencement of Tenant’s rental payment obligations hereunderPremises which have been approved by Landlord.
Appears in 1 contract
Sources: Office Lease (Carreker Antinori Inc)
Alterations. 7.1 Except as provided in Section 7.2, Tenant shall will not make any alterations, additions, or improvements allow to be made to the Premises any alteration of any kind without the prior written consent of Landlord. All of Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may 's approved work shall be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies done by duly licensed contractors in accordance with all applicable governmental laws, codes, ordinances, regulations rules and regulations, and Tenant shall obtain at its cost any required permits, licenses or inspections for performance of its work. If any mechanic's or materialman's lien at any time, whether before, during or after the Lease term, shall be filed against any part of the building housing the Premises by reason of work, labor, services or materials performed for or furnished to Tenant, Tenant shall forthwith cause the lien to be discharged of record or bonded off to the satisfaction of Landlord. If Tenant shall fail to cause such lien to be discharged or bonded off within five (5) days after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may discharge the lien by paying the amount claimed to be due. The amount paid by Landlord, and all costs and expenses, including reasonable attorneys' fees incurred by Landlord in procuring the discharge of the lien, shall be due and payable by Tenant to Landlord as additional rent promptly, upon demand.
7.2 Subject to the terms and conditions herein contained, Tenant shall have the right, but shall not be obligated to, construct and install at its sole expense in accordance with generally accepted construction standards and architectural/engineering plans approved in advance by Landlord (which approval shall not constitute a warranty that the proposed improvements conform to laws or applicable building codes) the leasehold improvements and fixtures described on Exhibit C. Tenant shall be solely responsible for obtaining occupancy permits and other permits or licenses necessary for its lawful occupancy of the Premises. Landlord's specifications sole construction obligation is to construct and requirements. install, in accordance with generally accepted construction standards, the walls, doors, flooring and such finished partitioning, electrical outlets and electrical fixtures as may be shown on Exhibit B. Tenant shall keep the Premises and the improvements thereon free and clear of all liens arising out of or claimed by reason of any work performed, material furnished or obligations incurred by or at the instance of Tenant, and by its execution hereof Tenant hereby indemnifies and saves Landlord, the Premises and the Property harmless of all such liens or claims of lien and all attorneys' fees and other costs and expenses incurred by reason thereof.
7.3 All alterations, installations, including without limitation wall to wall carpet and drapery accessories, changes, replacements, repairs, additions, or improvements to or within the Premises (whether with or without Landlord's consent), shall at the election of Landlord remain upon the Premises and partitions erected by Tenant shall be and remain surrendered with the property of Tenant during Premises at the Term expiration of this LeaseLease without disturbance, molestation or injury. All shelvesShould Landlord elect that alterations, binsinstallations, machinery and trade fixtures installed changes, replacements, repairs, additions to or improvements made by or for Tenant shall upon the Premises be removed on or before the earlier to occur of the date of upon termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing termination of any claim for mechanic’s or materialman’s lien. All improvements renewal period hereof, Tenant hereby agrees that Landlord shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing right to cause same to be covered by finished walls, etc.), that will not be readily subject removed at Tenant's sole cost and expense. Tenant hereby agrees to inspection upon completion of reimburse Landlord for the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection cost of such to-be-covered work by an independent third-party architect who shall document such inspectionremoval, and (iii) before performing together with the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement cost of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.repairing
Appears in 1 contract
Alterations. The construction and installation of Tenant Improvements is governed by Exhibit "D-1". After the installation of the Tenant Improvements pursuant to Exhibit "D-1", Tenant shall not make or allow to be made any alterations, installations, additions, or improvements in or to the Premises Premises, without the Landlord's prior written consent, which consent shall not be unreasonably withheld. If Landlord fails to approve or disapprove any request within ten (10) business days after receipt of all necessary information, Landlord shall be deemed to have approved such alteration. Should Tenant desire to perform any alterations which are significant enough to require plans, Tenant shall submit such plans and specifications for same to Landlord for Landlord's written approval before beginning such work. Upon receipt by Tenant of the written approval of Landlord of such plans and specifications, and upon payment by Tenant to Landlord of the reasonable out-of-pocket fees incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Landlord, which consent shall not be unreasonably withheld. All installations shall be at Tenant, at its own 's sole cost and expense. Without in any way limiting Landlord's consent rights, may erect such shelves, bins, machinery and trade fixtures as it desires provided that Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such items do and approves such contractor's insurance coverage to be provided in connection with the work (such approval not overload or damage the same; to be unreasonably withheld), (b) such items may be removed without injury Landlord approves final and complete plans and specifications for the work to the Premises; extent plans and specifications are necessary for such work and (c) the constructionappropriate governmental agency, erection or installation thereof complies with all applicable governmental lawsif any, ordinances, regulations has approved the plans and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements for such work to the Premises will become part of the Premises upon installation extent plans and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.specifications are
Appears in 1 contract
Sources: Lease (I2 Technologies Inc)
Alterations. The Tenant shall not not, without the prior written approval of the Landlord, make any installations, alterations, additions, partitions, repairs or improvements in or to the Leased Premises, including, without limitation, doing anything which might affect the structural portions of the Leased Premises without or the prior written consent electrical, lighting, heating, ventilating, air-conditioning, sprinkler, fire protection, roofing or other systems therein. The Tenant's request for approval shall be in writing and accompanied by an adequate description of the contemplated work, the final working drawings and specifications therefor; the Landlord's costs of having its architects, engineers or others examine such drawings and specifications shall be payable by the Tenant upon demand as Additional Rent; the Landlord may require that any or all such work be done by the Landlord's contractors or workmen or by contractors or workmen engaged by the Tenant but first approved by the Landlord. All such work shall be subject to inspection by and the reasonable supervision of the Landlord and shall be performed in accordance with all Applicable Laws and any reasonable conditions (including but not limited to a reasonable supervision fee of the Landlord to be paid by the Tenant) and regulations imposed by the Landlord, and shall be completed in a good and workmanlike manner and with reasonable diligence in accordance with the approvals given by the Landlord. Any connections of apparatus to the base electrical, plumbing, heating, ventilating or air-conditioning systems shall be deemed to be an alteration within the meaning of this Section. The Tenant shall, at its own cost and expensebefore commencement of any work, may erect obtain all necessary building or other permits and keep same in force. Once consent of the Landlord has been obtained in connection with any such shelveswork, binsthe Tenant shall not make any modifications thereto (including, machinery without limitation changes required in order to obtain a building permit) unless and trade fixtures as until it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury has submitted revised drawings and specifications to the Premises; Landlord and (c) obtained the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior further written approval of the proposed changes. The Tenant shall not apply for any applicable permits or approvals unless the Tenant provides to the Landlord a copy of the approval or permit application, as the case may be, together with all supporting documentation or drawings attached thereto and obtains the Landlord's authorization in writing to submit such application to the relevant authority. Notwithstanding anything to the contrary set forth in this Section 5.03, the Tenant may, without the Landlord's consent but with prior notice to the Landlord, make alterations to the interior of the Leased Premises which do not alter, modify or in any other manner whatsoever affect the structural portions of the Leased Premises or the roof of the Building and the exterior of the Leased Premises or the structural integrity of the Building of which the Leased Premises shall be performed by form a reputable construction company approved in writing by Landlordpart, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved plumbing, electrical, heating, ventilating, air-conditioning, or mechanical systems or installations in the particular project (i.e.Leased Premises, electrical wiring or plumbing to be covered by finished walls, etc.), provided that will any such single alteration does not be readily subject to inspection upon completion involve a cost in excess of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, $50,000.00 and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workdoes not require a building permit. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.REMOVAL OF FIXTURES AND IMPROVEMENTS
Appears in 1 contract
Sources: Lease Agreement (Childrens Place Retail Stores Inc)
Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make any alterations, installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises or any part thereof without the prior written consent of the Landlord. Tenant; provided, at however, that Landlord shall not unreasonably withhold, condition or delay its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items consent to any of the same which do not overload affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or damage air conditioning systems serving either the same; (b) such items may be removed without injury to Building or the Premises; and . All Alterations in the Premises (c) the construction, erection whether installed with or installation thereof complies with all applicable governmental laws, ordinances, regulations and with without Landlord's specifications and requirements. All alterationsconsent), additions, improvements and partitions erected by Tenant shall be and at the election of Landlord 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 occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore in the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to and be surrendered with the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals this Lease without disturbance, molestation or injury; further provided, however, that any and all applicable legal requirements, receipt manufacturing items or other items of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Tenant's personalty shall have the prior written approval of Landlord, remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property.
(b) Landlord is delivering the Premises to Tenant in its "AS IS" condition, without any representation or warranty of any kind, express or implied, as to its condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant.
(c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a reputable construction company contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved in writing by Landlord, and who Tenant shall carry deliver to Landlord certificates of all such insurance and meet such other requirements as Landlord shall specifyinsurance. All invoices for improvements shall be available for inspection by Landlord. If any improvement Tenant's work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good first-class and workmanlike manner so as lien-free manner. Tenant shall not to damage be Landlord's agent for purposes of this work and Tenant shall be solely responsible for any mechanics' or alter the primary structure materialmen's lien arising therefrom; Tenant shall pay, bond or structural qualities otherwise release of the building comprising a part record any such lien within ten (10) days after receiving notice of its existence.
(d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and other improvements situated on shall not permit or suffer any lien to attach to the Premises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. No alterations contemplated Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to the building comprising a part be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises will and shall not encumber Landlord's interest in any way be a condition to the occurrence of Premises or the Commencement Date or commencement of Tenant’s rental payment obligations hereunderBuilding.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions, decorations or other improvements to the Premises or install any fixtures or equipment thereto (collectively "Alterations"), without the Landlord's prior written consent of Landlordapproval, which approval shall not be unreasonably withheld, delayed or conditioned. All Alterations to the Premises shall be performed at Tenant's sole cost and expense by Landlord or, at its own Landlord's option, by Tenant in accordance with drawings and specifications prepared at Tenant's sole cost and expense, may erect such shelveswhich drawings and specifications shall be consistent with the standards applicable thereto set forth in Exhibit "D" attached hereto. So long as Tenant is not in default hereunder, binsTenant shall have the right with the consent of Landlord, machinery and not to be unreasonably withheld, but not the obligation, to remove any of said Alterations which constitute trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; during and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt and any extension thereof, provided that Tenant repairs any damage caused by said removal. All of verification the Alterations remaining on the Premises after the date on which the Term ends, or at such sooner termination date, shall become the property of good Landlord. In doing any work of installation, removal, alteration or relocation, Tenant shall not harm the Premises or the Building and workmanlike completion of shall repair all damage or injury that may occur to the Premises or the Building in connection with such work and shall otherwise comply with Exhibit "D" attached hereto. Tenant agrees in doing any such work in compliance or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees. Any contractors employed by Tenant for such work shall comply with the requirements of Exhibit "D" annexed hereto and hereby made a part hereof and shall further be approved by Landlord in writing before the commencement of such work, but Landlord shall not unreasonably withhold its approval or consent. In all events all such contractors shall be required to employ only union labor in the performance of such work, carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content and with companies satisfactory to Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without . Prior to the filing commencement by Tenant of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlordwork as set forth in this subsection 7.D., and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have obtain, at its sole cost and expense, all inspections necessary permits, authorizations, licenses and other approvals required by the Cityvarious governmental authorities. Upon completion of any such work, County or other agency with jurisdiction performed without violation notedTenant shall pay to Landlord an amount equal to five percent (5%) of the cost of such work, (ii) obtain to reimburse Landlord for the cost of coordination and final inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Office Lease (Pennsylvania Real Estate Investment Trust)
Alterations. Tenant shall not make any no alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures Landlord's consent shall not be unreasonably withheld as it desires provided that (a) such items long as the proposed changes do not overload affect the structural, electrical or damage mechanical components or systems of the same; (b) such items Building and are not visible from the exterior of the Premises. 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 work be removed without injury covered by a lien and completion bond satisfactory to Landlord and requirements as to the Premises; manner, time, and (c) contractor for performance of the constructionwork. Without limiting the generality of the foregoing, erection Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or installation thereof complies electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable governmental laws, ordinances, regulations and with ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's specifications consent shall be made in writing and requirementsshall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. All Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be 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 consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and partitions erected the like installed either by Tenant shall be or by Landlord at Tenant's request and remain to repair any damage to the property of Premises arising from that removal, Landlord may require 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 occur remove an improvement provided as part of the date initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of termination of the requirement prior to the build-out. Except as otherwise provided in this Lease or vacating the Premisesin any Exhibit to this Lease, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, should Landlord make any Tenant improvements alteration or improvement to the Premises will become part of the Premises upon installation and will remain in place at the expiration request of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsTenant, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and Landlord shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices entitled to prompt reimbursement from Tenant for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcall costs incurred.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Alterations. Tenant shall not make any no material alterations, additions, or improvements to the Demised Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. Tenant shall not be required to obtain Landlord's consent to make any alterations, additions or improvement to the Demised Premises that are required by regulatory agencies in connection with Tenant's manufacture of biological and pharmaceutical care products, at its own cost and expensebut Tenant shall give Landlord sufficient prior notice of such alterations, may erect such shelvesadditions, bins, machinery and trade fixtures or improvements to permit Landlord to make any regulatory notifications as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the constructionrequired by law. All alterations, erection additions or installation thereof complies improvements made with Landlord's written consent shall comply with all applicable governmental laws, ordinances, regulations regulations, and with Landlord's specifications and other requirements. All alterationsTenant shall keep the Demised Premises free and clear of any liens or encumbrances arising out of any work performed, additionsmaterial furnished, improvements or obligations incurred by or through Tenant. Any personal property, equipment, inventory, trade fixtures, appliances, and partitions erected any other property customarily used by and paid for by Tenant in its business operations conducted on the Demised Premises, shall be and remain the property of Tenant, and may be installed or removed by Tenant at any time during the Term term of this Lease; provided, however, that Tenant, at the time of such removal, shall repair, at its expense, any damage to the Demised Premises caused by such removal. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on Upon the expiration or before the earlier to occur of the date of termination of this Lease or vacating Lease, Tenant shall remove all of the aforesaid property and shall repair, at its expense, any damage to the Demised Premises occasioned by such removal. Any other improvements of a permanent nature made to the Demised Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advancesuch as lighting, any Tenant improvements partitioning, and alterations to the Premises will become part of the Premises upon installation and will remain in place facilities or systems, which at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising time form a part of the Premises Demised Premises, shall become a part thereof, and other improvements situated on the Premises. No alterations contemplated be surrendered therewith by Tenant upon the termination or expiration of this Lease, unless the Landlord shall require Tenant to remove any such improvements and/or alterations by giving Tenant ten (10) days written notice thereof prior to the building comprising a part expiration or termination date of the Premises or Premises will this Lease in any way be a condition to the occurrence of the Commencement Date or commencement of which event, Tenant’s rental payment obligations hereunder., at its expense, shall promptly
Appears in 1 contract
Sources: Lease (Heska Corp)
Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make any alterations, installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises or any part thereof without the prior written consent of the Landlord. Tenant; provided, at however, that Landlord shall not unreasonably withhold, condition or delay its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items consent to any of the same which do not overload affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or damage air conditioning systems serving either the same; (b) such items may be removed without injury to Building or the Premises; and . All Alterations in the Premises (c) the construction, erection whether installed with or installation thereof complies with all applicable governmental laws, ordinances, regulations and with without Landlord's specifications and requirements. All alterationsconsent), additions, improvements and partitions erected by Tenant shall be and at the election of Landlord 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 occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore in the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to and be surrendered with the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals this Lease without disturbance, molestation or injury; further provided, however, that any and all applicable legal requirements, receipt manufacturing items or other items of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Tenant's personalty shall have the prior written approval of Landlord, remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property.
(b) Landlord is delivering the Premises to Tenant in their "AS IS" condition, without any representation or warranty of any kind, express or implied, as to their condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant.
(c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a reputable construction company contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved in writing by Landlord, and who Tenant shall carry deliver to Landlord certificates of all such insurance and meet such other requirements as Landlord shall specifyinsurance. All invoices for improvements shall be available for inspection by Landlord. If any improvement Tenant's work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good first-class and workmanlike manner so as lien-free manner. Tenant shall not be Landlord's agent for purposes of this work and Tenant shall be solely responsible for any mechanics' or materialmen's lien arising therefrom; Tenant shall pay, bond or otherwise release of record any such lien within ten (10) days after receiving notice of its existence.
(d) relating to damage or alter the primary structure or structural qualities of the building comprising a part of any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of shall not encumber Landlord's interest in the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderBuilding.
Appears in 1 contract
Alterations. Tenant (A) Lessor, at Lessor's sole expense, shall not make any alterations, additions, or improvements the renovations to the Metro Level Demised Premises described in the space plans and specifications attached hereto as Exhibit A ("Preliminary Drawing and Specifications") (the "Renovations"). Lessor's obligations shall include without limitation, any and all costs associated with the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload design or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 occur construction of the date Renovations, including the costs of termination permits and licenses and construction management fees, life safety systems and sprinkler installations, space planning, engineering architectural and design fees phone and computer cabling and installation costs, and costs of this Lease or vacating the Premisesfixtures, at which time Tenant shall restore the Premises to their original conditionfurnishings, and equipment. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become As part of the Premises upon installation Renovations, and will remain included in place at the expiration cost thereof, Lessor shall restore Lessee's HVAC to good working condition for use in the Metro Level Demised Premises. Lessor currently estimates the costs of the Term upon receipt Renovations shall equal approximately $45,000. Notwithstanding such estimate, Lessor agrees that it shall be solely responsible for any costs to perform and complete the Renovations in excess of verification of good said estimate except to the extent such excess costs are caused by changes to the Renovations requested by Lessee in writing. Notwithstanding anything contained in the Lease to the contrary, Lessor shall maintain and workmanlike completion of all repair the HVAC system in the Metro Level Demised Premises, but only to the extent such work in compliance with Landlord’s approvals maintenance and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without repair is not covered by the filing of any claim service contract required to be obtained by Lessee for mechanic’s or materialman’s lien. such system pursuant to the Lease.
(B) All improvements shall have the prior written approval of Landlord, and Renovations shall be performed by a reputable construction company approved general contractor selected by Lessor in writing by LandlordLessor's discretion ("Lessor's General Contractor"), shall consist solely of new materials and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlordof good quality and workmanship. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration The Renovations shall be performed in a good purchased and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated installed by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.Lessor
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions, or Lessee acknowledges and agrees that certain improvements to the Premises without are to be completed by Lessor, in compliance with the prior written consent of Landlordspecifications set forth in Exhibit "B" attached hereto ("Lessor's Improvements"). Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided Lessor represents that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the best of its knowledge and belief after completion of Lessor's Improvements the Complex and the Premises will be suitable for the purposes contemplated by Lessee, as such contemplated purposes have been communicated by Lessee to Lessor. EXHIBIT "A" which is attached hereto and made a part hereof is a "Floor Plan" of the Premises. Lessor shall use its best efforts to complete Lessor's Improvements by September 1, 1993. In the event that Lessor's Improvements are not substantially completed by September 1, 1993, Lessee shall have the option, in its sole discretion, of either: (1) occupying the Premises, allowing the Lease to commence, and having payments of Rent and Additional Rent abated until such time as Lessor's Improvements are substantially complete; or (2) not occupying the Premises, and (c) having the construction, erection or installation thereof complies with term of the Lease not commence until Lessor's Improvements are substantially complete. Lessor's Improvements and any and all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, alterations and improvements and partitions erected made by Tenant the Lessee ("Lessee's Improvements"), shall be done in a good and remain workmanlike manner. Prior to the commencement of construction of Lessee's Improvements, Lessee shall furnish to Lessor the plans and specifications of the construction work to be undertaken, shall furnish information as to the equipment to be installed, and shall obtain Lessor's written approval of said plans and specifications, which approval shall not be unreasonably withheld. Lessor shall obtain all necessary permits required by governmental authorities having jurisdiction prior to the commencement of construction of Lessee's Improvements. Lessee's Improvements shall become the property of Tenant during the Term Lessor and shall remain upon and be surrendered with the Premises at the expiration or earlier termination of this Lease. All shelvesIt is not intended to include in the expression "additions, bins, machinery alterations and improvements," any mechanical equipment and trade fixtures installed by Tenant the Lessee, all of which shall may be removed by Lessee on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must if (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation notedLessee is not in default hereunder, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspectionremoval does not damage the Premises, and (iii) before performing the finish work any damage that will cover may be occasioned by any such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration removal shall be performed repaired by Lessee in a good and workmanlike manner manner. If Lessor so directs by written notice to Lessee, prior to the expiration of this Lease, or within fifteen (15) days thereafter, the Lessee shall promptly remove all fixtures or mechanical equipment which were placed in the Premises by Lessee and which are designated in said notice. Lessee shall repair any physical damage occasioned by such removal, and in default, thereof, Lessor may effect said removals and repairs at Lessee's expense. Lessee may bring such equipment, furniture, trade fixtures or other personal property into the Premises as may be necessary for its business; PROVIDED, HOWEVER, that Lessee shall first notify Lessor of the type and nature of such personal property to be brought onto the Premises. Should such personal property be of an unusual size, type, or weight, so as to adversely affect the Complex, then Lessor reserves the right to restrict the use of same in the Premises. Lessee will not file, nor will it permit or suffer any contractor or subcontractor, materialman or mechanic or other person under it to damage file, nor shall any contractor, subcontractor, materialman or alter mechanic file any mechanics' lien or other liens or claims for work done or materials furnished in or about the primary Premises against the Premises or the structure or structural qualities of which it is a part. Unless Lessor otherwise agrees, in writing, prior to the commencement of any work on the Premises, Lessee shall file in the office of the building comprising Prothonotary of Allegheny County a part waiver of the right to file liens which shall be in usual form for such waivers, such form to be approved by the Lessor. Notwithstanding the foregoing, if any mechanics' or other lien shall be filed against the Premises or the Complex purporting to be for labor or material furnished or to be furnished at the request of Lessee, then Lessee shall, at its expense, cause such lien to be discharged of record by payment, bond or otherwise, within thirty (30) days after the filing thereof. If Lessee shall fail to cause such lien to be discharged of record within such ten-day period, or, if such lien is contested by Lessee and Lessee fails to provide adequate security for Lessor's protection; then Lessor may cause such lien to be discharged by payment, bond or otherwise, and Lessee shall, upon demand, reimburse Lessor for all reasonable amounts paid and costs incurred including attorneys' fees, in having such lien discharged of record. The taking of possession of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of Lessee shall establish that the Premises or Premises will and the Complex were at such time in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundersatisfactory condition, except for Lessor's Improvements, latent defects, order and repair.
Appears in 1 contract
Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)
Alterations. 12.1 Landlord shall construct the Demised Premises in compliance with all governmental building regulations.
12.2 Tenant shall not make any alterations, additions, or improvements to the Premises without the prior written consent of Landlord. Tenantmay, at its own cost and expense, may erect make such shelves, bins, machinery alterations and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Demised Premises will become part and install interior partitions as it may require, provided that the written approval of the Premises upon installation Landlord is first obtained and will remain that such improvements and alterations are done in place a workmanlike manner in keeping with all building codes and regulations and in no way harm the structure of the Demised Premises, provided that at the expiration of the Term Lease or any extension thereof, Tenant, at its expense, restores the within Demised Premises to its original condition and repairs any damage to the Demised Premises, resulting from the installation or removal of such partitions, fixtures, or equipment as may have been installed by Tenant is requested to do so by Landlord.
12.3 The Landlord shall not be liable for any labor or materials furnished or to be furnished to the Tenant upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractorscredit, and expiration no mechanic's or other lien for any such labor or materials shall attach to or effect the reversion or other estate or interest of all applicable the Landlord in and to the Demised Premises. Whenever any mechanic's lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have been filed against the prior written approval Demised Premises, based upon any act or interest of Landlordthe Tenant or of anyone claiming through the Tenant, or if any security agreement shall have been filed for or effecting any materials, machinery, or fixtures used in the repair, construction, or operation thereof, the Tenant shall immediately take such action by bonding, deposit, or payment as will remove the lien or security agreement.
12.4 If Tenant has not removed the lien within ten (10) days after noticed to Tenant, Landlord may pay t he amount of such mechanic's lien or security agreement or discharge the same by deposit, and the amount so paid or deposited, shall be deemed additional rent reserved under this Lease, and shall be performed payable forthwith by a reputable construction company approved in writing Tenant to Landlord with interest at eighteen (18%) percent per annum from the date of payment by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by with the finish work involved in same remedies to the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires not paid, as in the case of default in the payment of Mini9mum Guaranteed Rental as herein provided.
12.5 Landlord or its representatives shall have the right to go upon and inspect the Demised Premises at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility or such other notices which Landlord may deem to be proper for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed the protection of Landlord's interest in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Demised Premises. No alterations contemplated by Tenant to shall, before the building comprising a part commencement of the Premises or Premises will any work which might result in any way be a condition such lien, give to the occurrence of the Commencement Date or commencement Landlord written notice of Tenant’s rental payment obligations hereunder's intention to do so in sufficient time to enable the positing of such notices.
Appears in 1 contract
Sources: Lease Agreement (Oleramma Inc)
Alterations. 8.1 Tenant shall not make any alterations, additionsadditions or improvements (collectively, “Alterations”) in or to the Premises, including, but not limited to the Building exterior or interior, HVAC, and interior build-out, or improvements make changes to the Premises locks on doors or add, disturb or in any way change any plumbing or wiring without obtaining the prior written consent of Landlord. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items which may be removed without injury to the Premises; withheld, conditioned, or delayed in Landlord’s sole and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsabsolute discretion.
8.2 All Alterations shall be made at Tenant’s sole expense. All alterations, 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 work with respect to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration Alterations shall be performed in a good and workmanlike manner so as not manner, shall be of a quality equal to damage or alter exceeding the primary structure then-existing construction standards for the Premises and must be of a type, materials and finish (including floor coverings and ceilings) customary for general warehousing use and the Premises. Alterations shall be diligently prosecuted to completion to the end that the Premises shall be at all times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto. Tenant shall secure all licenses and permits necessary for any Alterations prior to the commencement of such work and shall give Landlord reasonable written notice prior to the commencement of any Alterations and shall allow Landlord to enter the Premises and post appropriate notices to avoid liability to contractors or structural qualities material suppliers for payment for any Alterations.
8.3 All Alterations installed in or attached to the Premises by Tenant (except trade fixtures) shall, at the option of Landlord, upon the expiration or earlier termination of the building comprising a Lease, belong to and become the property of Landlord without any payment from Landlord and if such option is exercised, shall be surrendered by Tenant in good order and condition as part of the Premises upon the expiration or sooner termination of the Lease Term. At Landlord’s request, Tenant shall restore the Premises to the condition it was in prior to Tenant’s occupancy, such restoration to be completed on or before the expiration of the Lease Term, at Tenant’s expense. Tenant shall not use or penetrate the roof of the building on the Premises for any purpose whatsoever without the prior written consent of Landlord, which consent may be withheld, conditioned, or delayed by Landlord, in Landlord’s sole and other improvements situated absolute discretion. Landlord reserves the right to require Tenant to remove any or all of its trade fixtures and restore the Premises to its original condition.
8.4 Landlord shall have no obligation to pay any expenses or administrative fees relating to any Alterations. INDUSTRIAL LEASE - 7
8.5 Tenant shall pay all costs for the work done by or for Tenant on the Premises, and Tenant shall keep the Premises free and clear of all liens of whatever kind or nature. No alterations contemplated by Tenant shall indemnify, defend, save and hold Landlord harmless from and against any and all liability, loss, damage, cost, attorneys’ fees and all other expenses on account of any prohibited lien.
8.6 Any additional or other upgrades, replacements or alternations to the building comprising a Premises required as part of the Premises or Premises will in any way Alterations (“Other Alterations”) shall be a condition to the occurrence of the Commencement Date or commencement of performed by Tenant, at Tenant’s rental payment obligations hereundersole cost and expense, and in accordance with the provisions of this Article 8.
Appears in 1 contract
Sources: Industrial Lease (1847 Holdings LLC)
Alterations. Tenant shall not make any alterations, no additions, changes, alterations or improvements improvement (the "Work") to the Premises or the Systems and Equipment pertaining to the Premises without the prior written consent of Landlord. TenantLandlord which shall not be unreasonably withheld Landlord may impose as a condition of such consent such requirement as Landlord in its sole discretion deems necessary or desirable including, at its own cost without limitation, the submission of plans and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with specifications for Landlord's specifications prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and requirements. All alterationssuppliers, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon prior receipt of verification of good and workmanlike completion copies of all such work in compliance with Landlord’s approvals contracts and all applicable legal requirementssubcontracts, receipt of final contractor and subcontractor lien waivers and bills paid waivers, affidavits from listing all contractors, subcontractors and expiration suppliers, use of all applicable lien periods without union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the filing Work will not adversely affect the Systems and Equipment or the structure of any claim for mechanic’s or materialman’s lienthe Property, and requirement as to the manner and times in which such Work shall be done. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration Work shall be performed in a good and workmanlike manner so as not and all materials used shall be of a quality comparable to damage or alter the primary structure or structural qualities of the building comprising a part of better than those in the Premises and other improvements situated on Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a fee of Five percent (5%) of the Premisestotal cost of any Work exceeding Ten Thousand dollars ($10,000.00) to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. No alterations contemplated by Tenant If Landlord consents or supervises, the same shall not be deemed a warranty as to the building comprising a part adequacy of the Premises design, workmanship or Premises will in quality of materials, and Landlord hereby expressly disclaims any way be a condition responsibility or liability for the same. Landlord shall under no circumstances have any obligation to the occurrence repair, maintain or replace any portion of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderWork.
Appears in 1 contract
Sources: Office Lease (N2h2 Inc)
Alterations. Tenant shall not make any no alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. 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 work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. However, Tenant can recommend the contractor or subcontractors of other trades and have said recommended contractors perform alterations subject to Landlord's approval, which shall not be unreasonably withheld. All work to be performed shall, unless otherwise agreed by Tenant, be competitively bid at its own cost a fair market value cost. Tenant shall obtain all required permits for the work and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage shall perform the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies work in compliance with all applicable governmental laws, ordinances, regulations and with ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work; provided that such supervision fee shall not be required on cosmetic work done by Tenant that does not require a permit. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's specifications consent shall be made in writing and requirementsshall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. All Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be 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 consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and partitions erected the like installed either by Tenant shall be or by Landlord at Tenant's request and remain to repair any damage to the property of Premises arising from that removal. Landlord may require 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 occur remove an improvement provided as part of the date initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of termination of the requirement prior to the build-out. Except as otherwise provided in this Lease or vacating the Premisesin any Exhibit to this Lease, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, should Landlord make any Tenant improvements alteration or improvement to the Premises will become part of the Premises upon installation and will remain in place at the expiration request of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsTenant, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and Landlord shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices entitled to prompt reimbursement from Tenant for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcall costs incurred.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Alterations. Tenant shall not make any major alterations, additions, or improvements to the Premises demised premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. TenantTenant may, without the consent of Landlord, but at its own cost and expenseexpense and in a good workmanlike manner, may make such minor alterations, additions, or improvements, or erect, remove, or alter such partitions, or erect such shelves, bins, machinery machinery, and trade fixtures as it desires provided that (a) such items do not overload may deem advisable, without altering the basic character of the building or damage the same; (b) such items may be removed without injury to the Premises; improvements, and (c) the construction, erection or installation thereof complies in each case complying with all applicable governmental laws, ordinances, regulations regulations, and with Landlord's specifications and other requirements. All Tenant shall promptly pay the costs of all work performed and shall indemnify and hold harmless the Landlord against liens, costs, damages and expenses incurred in connection therewith; including any attorneys' fees incurred by Landlord, if Landlord shall be joined in any action or proceeding involving such work. Under no circumstances shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all contractors and subcontractors performing the work have in full force and effect adequate workmen's compensation insurance as required by the Laws of the State, as well as public liability and builders risk insurance in such amounts, and according to terms satisfactory to Landlord. At the termination of this Lease, Tenant shall, if Landlord so elects, remove any or all alterations, additions, improvements improvements, and partitions erected by Tenant and restore the premises to their original conditions, otherwise such improvements shall be and remain delivered up to Landlord with the property of Tenant during the Term of this Leasepremises. All shelves, bins, machinery machinery, and trade fixtures installed by Tenant shall may be removed on or before the earlier to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection if required by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of All such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration restorations shall be performed accomplished in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderdemised premises.
Appears in 1 contract
Sources: Lease Agreement (Simtek Corp)
Alterations. Tenant LESSEE shall not make any structural changes, alterations or additions to the leased Property, but LESSEE shall have the right, as its expense, from time to time, having first obtained LESSOR's written consent thereto (which consent shall not be unreasonably withheld) to make non-structural alterations, additionsadditions and changes in the leased Property; provided, or improvements however, that such alterations and changes shall not injure the safety of the structure of the leased Property, nor diminish its value and shall be done in a good workmanlike manner in a quality at least equal to the Premises without present construction and provided further that upon the prior written consent of Landlord. TenantLESSOR's request, LESSEE, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload the expiration or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term other termination of this Lease, shall restore the leased Property to its original condition (but LESSEE shall only have the obligation to restore if LESSOR required this in writing as part of giving LESSOR's initial consent to the changes, alterations, or additions). All shelves, bins, machinery and trade fixtures installed by Tenant such allowed alterations shall be removed on at LESSEE's expense. LESSEE shall not permit any mechanics liens, or before similar liens, to remain upon the leased Property for labor and materials furnished to LESSEE in connection with work of any character performed to or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost or expense of any kind to LESSOR. Except as otherwise provided, upon expiration or earlier to 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. Unless otherwise agreed in advanceLease, any Tenant improvements to the Premises will such alteration, addition or change shall become part of the Premises upon installation real estate and will remain in place at the expiration Property of the Term upon receipt of verification of good LESSOR. LESSEE further covenants and workmanlike completion of all such work in compliance with Landlord’s approvals agrees to save LESSOR harmless and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits indemnified from all contractorsinjury, and expiration of all applicable lien periods without the filing loss, claims or damage to any person or Property occasioned by or arising out of any claim for mechanic’s or materialman’s liensuch work. All improvements shall have The LESSOR has reviewed the prior written approval of Landlord, LESSEE's proposed layouts and shall be performed by a reputable construction company approved in writing by Landlord, has accepted LESSEE's alterations and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation notedadditions, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderSee Exhibit C),.
Appears in 1 contract
Sources: Lease Agreement (Ydi Wireless Inc)
Alterations. Tenant Sublessee shall not make any alterationsalteration, additionsimprovement, decoration, or improvements installation (hereinafter called "Alterations") in or to the Premises Subleased Premises, without in each instance obtaining the prior written consent of LandlordLessor and Sublessor. TenantSublessee may have any Alterations performed by contractors of its own choice, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage Sublessee has obtained written approval of the same; (b) such items may contractor by Lessor and Sublessor, which approval of Sublessor will be removed without injury to based upon the Premises; contractor's being properly licensed and (c) the constructionhis financial posture, erection or installation thereof complies with experience and past job performance. The design of all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected Alterations undertaken by Tenant Sublessee 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 subject to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of LandlordLessor and Sublessor and shall not be commenced until such approval is obtained. With reasonable notice to Sublessee, Lessor and Sublessor shall at all times have the right to inspect the work performed by any contractor selected by Sublessee during normal business hours. Sublessee shall, upon request of Lessor or Sublessor, remove said Alterations, repair all damage resulting from such removal and restore the Subleased Premises to the condition as of the date possession was delivered to Sublessee, however, Lessor or Sublessor shall notify Sublessee of such requirement at the time Sublessee requests approval of any Alteration. If Sublessee fails or refuses to remove such Alterations, or fails to correct, repair and restore the Subleased Premises, Lessor or Sublessor may cause the same to be removed, and shall be performed by a reputable construction company approved in writing by Landlord, repairs and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing restoration to be covered by finished wallsmade, etc.)in which event Sublessee shall reimburse to the party who caused said Alterations to be removed and repairs made, that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection cost of such to-be-covered work removal, repairs and restoration, together with any and all damages which Lessor or Sublessor may suffer and sustain by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement reason of the finish work Sublessee's failure or refusal to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderremove said Alterations.
Appears in 1 contract
Alterations. (a) Tenant shall not make any alterations, decorations, improvements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such alterations, interior decorations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant may (i) affix pictures and shelving to the walls and (ii) perform other minor cosmetic alterations to the Premises not exceeding Five Thousand and 00/100ths Dollars ($5,000.00) in the aggregate, without ▇▇▇▇▇▇▇▇’s consent.
(b) All alterations, decorations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, decorations, improvements or additions, except trade fixtures installed by Tenant; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to the Premises caused by such removal.
(c) In performing such alterations, decorations, improvements or additions, or improvements in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises without and the prior written consent Building and shall repair all damage or injury that may occur to the Premises or the Building.
(d) ▇▇▇▇▇▇ agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. TenantAny contractors employed by Tenant shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord.
(e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at its own ▇▇▇▇▇▇’s sole cost and expense, may erect such shelvesall necessary permits, bins, machinery authorizations and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections licenses required by the City, County or other agency with various governmental authorities having jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on over the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)
Alterations. Tenant (a) Lessee shall not make any alterations in or additions to the Demised Premises without Lessor's advance written consent which shall not be unreasonably withheld in each and every instance, provided, however, that no such consent shall be necessary for alterations or additions which cost $50,000 or less and which do not affect the structure or systems of the Building. If Lessee is permitted to make any alterations in or additions to the Demised Premises, before commencement of the work or delivery of any materials onto the Demised Premises or into the Building, Lessee shall furnish Lessor for Lessor's approval with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and security in form and amount reasonably satisfactory to Lessor against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether Lessee furnishes Lessor the foregoing or not, Lessee hereby agrees to hold Lessor harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. All such work, alterations, decorations, installations, additions or improvements shall be done only by contractors or mechanics reasonably approved by Lessor, which approval shall not be unreasonably withheld, at such times and in such manner as Lessor may from time to time reasonably designate. Any mechanics lien filed against the Demised Premises or the Building for work claimed to have been done for, or materials claimed to have been furnished to Lessee, shall be discharged of record by Lessee within thirty (30) days thereafter, at Lessee's expense, unless Lessee insures over any such claims or furnishes Lessor a bond or other reasonable security in an amount at least equal to 150% of the claimed indebtedness. Before commencing any work in connection with alterations or additions, Lessee shall furnish Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring Lessor against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. Lessee shall pay (i) the cost of all such alterations and additions, (ii) the cost of decorating the Demised Premises occasioned by such alterations and additions and (iii) all third party out-of-pocket costs incurred by Lessor in reviewing all plans and specifications and other materials associated with and inspecting any work done in connection with any proposed alterations or additions. Upon completing any alterations or additions, Lessee shall furnish Lessor with contractor's affidavits and full and final waivers of lien covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of the City of Chicago or any department or agency thereof and with the requirements of all statutes and regulations of the State of Illinois or of any department or agency thereof. All alterations and additions shall be constructed in good and workmanlike manner and only good grades of materials shall be used. Lessee shall permit Lessor to inspect construction operations in connection with alterations or additions if Lessor requests to do so.
(b) All additions, decorations, fixtures, hardware, non-trade fixtures and all other permanent improvements in or upon the Demised Premises, whether placed there by Lessee or by Lessor, shall become Lessor's property and shall remain upon the Demised Premises at the expiration or termination of this Lease without compensation to Lessee; provided, however, that at the written request of Lessee submitted to Lessor at such time as the other documents and instruments described hereinabove are submitted to Lessor, Lessor shall, at the time it grants consent to any alteration pursuant to this Section 14, designate which alterations then contemplated by Lessee, if any, (i) Lessee will be required to remove upon expiration or termination of this Lease, provided that Lessor may only require Lessee to remove improvements or alterations which, in the reasonable opinion of Lessor, either are unconventional alterations or improvements or are alterations or improvements which will be difficult or costly to the Premises without the prior written consent remove upon expiration or termination of Landlord. Tenantthis Lease, and/or (ii) Lessee, at its own cost and expenseoption, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload remove upon the expiration or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term termination of this Lease. All shelvesIf Lessee so requests that Lessor make such designation and Lessor indicates that any of the alterations will be required to be removed, bins, machinery and trade fixtures installed by Tenant Lessee shall be removed on or before the earlier required to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all remove such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed alterations in a good and workmanlike manner so as and restore the Demised Premises to its condition prior to the installation of such alterations at Lessee's sole cost and expense. If Lessee does not remove any additions, decorations, fixtures, hardware, non-trade fixtures and improvements required to damage or alter be removed in accordance with the primary structure or structural qualities foregoing, Lessor may remove the same and Lessee shall pay the reasonable cost of such removal to Lessor upon demand. If Lessee does not remove Lessee's furniture, machinery, trade fixtures and all other items of personal property of every kind and description from the Demised Premises prior to the end of the building comprising Term, however ended, upon fifteen (15) business days written notice to Lessee, Lessee shall be conclusively presumed to have conveyed the same to Lessor under this Lease as a part ▇▇▇▇ of sale without further payment or credit by Lessor to Lessee and Lessor may remove the same and Lessee shall pay the cost of such removal to Lessor upon demand. Anything in this Lease to the contrary notwithstanding, Lessee may remove, at or prior to the expiration or earlier termination of this Lease, any supplementary air-conditioning units, raised flooring, Halon fire protection systems, and closed circuit security systems, if any, installed by Lessee on the Demised Premises in accordance with the provisions of this Lease. The rights and obligations of the Premises parties under this Section 14(b) shall survive the expiration of the Term or the termination of this Lease.
(c) Lessee acknowledges that certain fireproofing and other insulation materials used in the construction of the Building contain asbestos and that the presence thereof requires Lessor to insure that certain precautions be taken when any work is performed in and around such materials. To that end, Lessor has promulgated Building regulations and procedures governing the manner in which Lessee may undertake alterations, additions modifications and improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part Demised Premises in those areas where asbestos-containing materials may be located, and such regulations and procedures may be modified, amended or supplemented from time to time. Prior to undertaking any physical work in or around the Demised Premises, Lessee shall notify Lessor, in writing, of the Premises or Premises will in any way be a condition exact nature and location of the proposed work and shall promptly supply such additional information regarding the proposed work as Lessor shall request. After receipt of Lessee's notice, Lessor shall, to the occurrence extent appropriate, supply Lessee with the Building procedures and regulations relating to working in areas where there is a risk of coming into contact with any asbestos-containing materials. Lessee shall strictly comply with all applicable governmental statutes, ordinances, codes, rules, regulations and all Building procedures and regulations relating to such work established by Lessor. Lessor shall have the right at all times to monitor the subject work for compliance with the Building procedures and regulations. If Lessor determines that any of the Commencement Date Building regulations and/or procedures are not being strictly complied with, Lessor may immediately require the cessation of all work being performed in or commencement around the Demised Premises until such time as Lessor is satisfied that the applicable procedures and regulations will be observed. Lessor's monitoring of Tenant’s rental payment obligations hereunderany work in or around the Demised Premises shall not be deemed a certification by Lessor of compliance with any applicable statutes, ordinance, code, rule regulation, or of the Building regulations and procedures or a waiver by Lessor of its right to require strict compliance with such Building regulations and procedures, nor shall such monitoring relieve Lessee from any liabilities relating to such work.
Appears in 1 contract
Alterations. Tenant shall Lessee will not make any alteration, additions or improvements in or to the Premises without the written consent of Lessor first having been obtained, which consent may be withheld in Lessor's reasonable discretion. Before commencing any work relating to approved alterations, additions and improvements affecting the Premises, Lessee shall notify Lessor in writing of the expected date of commencement thereof and Lessee shall present to Lessor plans and specifications for such alterations, additions or improvements at the time approval is sought. In the event Lessor consents to the making of any alterations, additions, or improvements to the Premises without by Lessee, the prior written consent of Landlord. Tenant, same shall be made by Lessee at its own Lessee’s sole cost and expense. All such work shall be done only by contractors or mechanics approved by Lessor, may erect such shelveswhich approval shall not be unreasonably withheld, binsconditioned or delayed. Lessee shall not permit any mechanics or materialmen's liens to be levied against the Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents or contractor in connection with work of any character preformed or claimed to have been performed on the Premises by or at the direction of Lessee. Unless Lessor requires their removal by notice to Lessee given at the time of consent (or within ten (10) days after notice by Lessor form Lessee of alterations not requiring its approval), machinery and trade fixtures as it desires provided that (a) such items do not overload all alterations, improvement or damage the same; (b) such items additions which may be removed without injury made on the Premises shall become the property of Lessor and remain upon the Premises and be surrendered with the Premises at the expiration of the Term. If any mechanics or materialmen's lien, at any time, is filed against the Premises, or any part of the Premises, Lessee will cause such lien to be discharged of record within thirty (30) days after the filing of such lien (or any shorter period if required under Lessor's loan documents applicable to the Premises; ), except that if Lessee desires to contest such lien, it will furnish Lessor, within such 30-day (or shorter) period, security reasonably satisfactory to Lessor and its lender of at least 150% of the amount of the claim (cor such higher amount as required to comply with applicable statutes to release the lien), plus estimated costs and interest or comply with such statutory procedures as may be available to release the lien. Such contest shall suspend the enforcement of any lien against the Premises. Lessor may at any time apply such deposit to the payment of such lien if Lessor at any time reasonably believes that such lien could result in a foreclosure. Within ten (10) days of the constructionfinal determination of a contest establishing the validity or existence of a lien for any amount is entered, erection Lessee will pay and satisfy the same. At any time Lessee either desires, to or installation thereof complies with all applicable governmental lawsis required to, ordinancesmake any repairs, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements or utility installation thereon, or otherwise, Lessor may at its sole option require Lessee, at Lessee's sole cost and partitions erected by Tenant shall be expense, to obtain and remain provide to Lessor a lien and completion bond in an amount equal to one and one-quarter (11/4) times the property estimated cost of Tenant during the Term of this Lease. All shelvessuch improvements, bins, machinery to insure Lessor against liability for mechanics and trade fixtures installed by Tenant shall be removed on or before the earlier materialmen's liens and to occur insure completion of the date work. Lessee agrees that Lessor, at its option, may at its own expense make repairs, alterations or improvements which Lessor may deem necessary or advisable for the preservation safety or improvement of termination of this Lease or vacating the Premises, at including the right to modernize, improve, alter or make other changes to the Facility, or any portion thereof following no less than thirty (30) days’ notice to Lessee and approval of Lessee (which time Tenant approval shall restore not be unreasonably withheld, delayed, or conditioned) solely as to the Premises to their original condition. Unless otherwise agreed in advance, any Tenant nature of such alterations or improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance make sure they are consistent with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part Lessee's use of the Premises and other improvements situated on its programmatic requirements, provided that Lessee shall at all times have reasonable access to the Premises, and Lessor shall schedule all such activities to minimize interference with Lessee's school program. No alterations contemplated by Tenant Notwithstanding any provision to the building comprising a part contrary in this Section, Lessee may, following ten (10) days prior written notice to Lessor make the following alterations without prior consent from Lessor: (i) installation of Lessee's trade fixtures; and (ii) non-structural alterations, additions, or improvements in the Premises that cost less than $25,000 in the aggregate on a yearly basis to complete the entire project or Premises will are decorative or cosmetic in any way be a condition nature (such as repainting, recarpeting, reflooring, hanging wall coverings, installing low-voltage wiring and hanging pictures and light-weight shelving). Lessee shall at all times comply with NRS Chapter 108 in order to the occurrence allow Lessor to properly record and effectuate notices of the Commencement Date or commencement of Tenant’s rental payment obligations hereundernon-responsibility, including, without limitation, NRS 108.2403 and NRS 108.2407.
Appears in 1 contract
Sources: Charter School Lease
Alterations. Except as otherwise provided in this Lease or attachments hereto, Tenant shall not make any alterationsmake, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expensewhich consent shall not be unreasonably or unduly withheld, may erect such shelvesany material alterations, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload additions or damage the same; (b) such items may be removed without injury improvements to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with . Landlord's specifications decision to refuse such consent shall be conclusive, and requirementsshall not, in any event, be granted if Tenant is in default hereunder. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be reasonably satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. All alterations, additionsadditions and improvements shall be installed in a good, improvements workmanlike manner and partitions erected only new, highgrade materials shall be used. All such work shall be done only by contractors or mechanics approved by Landlord and shall be subject to Landlord's scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements. Before commencing any work in connection with such alterations, additions or improvements, Tenant shall furnish Landlord with certificates of insurance naming Landlord as an additional insured from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be and remain the property of Tenant during the Term of this Leaseconnected in any way with said alterations, additions or improvements. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before permit Landlord to supervise construction operations in connection with the earlier foregoing work if Landlord requests to occur do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the date cost of termination of this Lease or vacating decorating and repairing any damage to the Building, including the Premises, at which time occasioned by such alterations, additions and improvements, including the cost of labor and materials, contractors' profits, overhead and general conditions, and a fee to Landlord in the amount of ten percent (10%) of the cost of such alterations, additions and improvements. Upon completing any alterations, additions or improvements, Tenant shall restore the Premises to their original condition. Unless otherwise agreed furnish Landlord with contractors' affidavits in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractorsform required by law, and expiration full and final waivers of lien and receipted bills covering all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, labor and shall be performed by a reputable construction company approved in writing by Landlord, materials expended and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workused. All alterations, installations, removals additions and restoration improvements shall be performed in a good comply with all insurance requirements and workmanlike manner so as not to damage or alter with all city and county ordinances and regulations and with the primary structure or structural qualities requirements of the building comprising a part of the Premises all state and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderfederal statutes and regulations.
Appears in 1 contract
Sources: Office Lease (Picis Inc)
Alterations. Tenant Lessee shall not at any time make any alteration, change, addition or improvement (hereinafter collectively called alterations, additions, ) in or improvements to the Premises structural or exterior of the premises without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld or delayed. TenantWithout Lessor's consent being required, at its own cost and expenseLessee may make such interior nonstructural alterations as Lessee may deem appropriate, may erect such shelves, bins, machinery and trade fixtures as it desires provided that where such alterations are desired costing in excess of $20,000 in connection with any particular remodeling, Lessee will furnish copies of the plans and specifications therefor to Lessor prior to commencing such work. For purposes hereof, mechanical, electrical and plumbing systems shall be deemed "structural." In any event:
(a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant alterations shall be performed in a first class workmanlike manner at Lessee's sole expense, and remain shall not weaken or impair the property of Tenant during structural strength or lessen the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur value of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlordpremises, and shall be performed conducted in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Shopping Center. Lessee agrees to indemnify Lessor and hold Lessor harmless against any loss, liability or damage resulting from such work; not to be unreasonably withheld or delayed (and deemed approved if not objected to by a reputable construction company Lessor within fifteen (15) days after Lessor's receipt thereof);
(b) the alterations shall be made according to plans and specifications therefor, which shall be first submitted to and where required, approved in writing by LandlordLessor;
(c) before the commencement of work on any alterations, such plan and specifications shall be approved by all governmental authorities having jurisdiction and any public utility company having an interest in the alterations; and
(d) before the commencement of any alterations, lessee shall pay the amount of any increase in premiums on insurance policies for endorsement covering the risk during work on the alterations, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlordworkmen's compensation insurance, if it so desires for its own protectionany, to inspect such to-be-covered covering all persons employed in connection with that work. All alterations, installationsimprovements and fixtures (including, removals without limitation, all floor coverings and restoration shall be performed in a good all heating and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises air conditioning equipment but excluding lessee's unattached, readily movable furniture and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.office 140
Appears in 1 contract
Alterations. Tenant Lessee shall not make any alterations, additions, decorations or other improvements to the Premises or install any fixtures or equipment thereto (collectively "Alterations"), without the Lessor's prior written consent of Landlordapproval. Tenant, All Alterations to the Premises shall be performed at its own Lessee's sole cost and expense by Lessee in accordance with drawings and specifications prepared at Lessee's sole cost and expense. So long as Lessee is not in default hereunder, may erect such shelvesLessee shall have the right, binsexcept as stated in the succeeding sentence, machinery and but not the obligation to remove any of said Alterations which constitute trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; during and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsany extension thereof, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of provided that Lessee repairs any claim for mechanic’s or materialman’s liendamage caused by said removal. All improvements shall have the prior written approval of Landlord, and shall be performed Lessor by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing notice to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord Lessee in writing at least three one (31) business days before commencement month prior to the expiration of the finish work Term and any extension thereof, may request the Lessee to allow Landlordremove any of said Alterations, and, if it so desires Lessor makes said request, Lessee shall remove on or before the date on which the Term ends such Alterations as are stated in such request and repair any damage caused by such removal. In the event that Lessor requests such removal and Lessee fails to remove same or to repair damage caused thereby, Lessee agrees to reimburse and pay Lessor for its own protectionthe reasonable cost of removing same, to inspect such to-be-covered workincluding, without limitation, reasonable charges for overhead and damage. All alterationsof the Alterations remaining on the Premises after the date on which the term ends, installationsor at such sooner termination date shall become the property of Lessor. In doing any work of installation, removals removal, alteration or relocation, Lessee shall not harm the premises or the Building and restoration shall be performed in a good and workmanlike manner so as not to repair all damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant injury that may occur to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence Building in connection with such work. Lessee agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees. In all events all such contractors shall be required to employ only labor acceptable to Lessor in the performance of such work, carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies satisfactory to Lessor prior to the Commencement Date or commencement by Lessee of Tenant’s rental payment obligations hereunderany work, Lessee must obtain, at its sole cost and expense, all necessary permits, authorizations, licenses and other approvals required by the various authorities.
Appears in 1 contract
Alterations. Tenant shall not make or suffer to be made any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord. Landlord may condition its consent upon Tenant providing a payment bond in amount and form reasonably satisfactory to Landlord covering the work to be done by ▇▇▇▇▇▇'s contractor. Tenant shall not install any antenna, satellite dish or other fixture or equipment on the roof or exterior of the Building. All alterations, additions or improvements to the Premises, including signs, but not including movable furniture, equipment, personal property and trade fixture, shall at the termination of this Lease become a part of the real property and belong to Landlord. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, they shall be made by Tenant at its own Tenant’s sole cost and expense, may erect such shelves, bins, machinery shall conform to plans and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected approved 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, be carried out only during hours approved by Landlord by licensed contractors selected by ▇▇▇▇▇▇ and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as deliver to Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work performance and payment bonds as well as proof of workers’ compensation and general liability insurance coverage, including coverage for completed operations and contractual liability, with Landlord and its affiliates and their respective present and future officers, directors, employees, owners and agents named as additional insureds, in amounts, with companies, and in form reasonably satisfactory to allow LandlordLandlord (using ISO CG 2010 and CG 2037 or their combined equivalent and including a waiver of right of recovery under such general liability and worker's compensation insurance), if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration which shall remain in effect during the entire period in which the work shall be performed carried out, shall be built from new materials, shall conform to all applicable building codes and all applicable laws, rules and regulations, shall be constructed in a good workmanlike manner, and workmanlike manner so as shall be commenced only after all required permits have been obtained and copies thereof furnished to Landlord. Tenant shall not permit any mechanics’ or materialman’s lien to damage stand against the Premises for any labor or alter materials provided to the primary structure Premises by any contractor or structural qualities other person hired or retained by ▇▇▇▇▇▇. Tenant shall place no signs on the Building, in the windows of the building comprising Building or outside the Building, except as specifically approved in advance by Landlord. All signs shall be installed by a part license contractor approved by Landlord. Tenant, at Tenant’s expense, shall obtain all municipal permits and approvals required for its signs. No locks shall be changed without the prior written consent of Landlord. Landlord shall not have any responsibility or liability for the design of any alterations or of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part safety thereof, notwithstanding any approval of the Premises plans and specifications for the alterations. Tenant shall defend, indemnify, and hold Landlord harmless for, from and against any mechanics’ or Premises will materialman’s lien. If Tenant fails to discharge such a lien, by bonding or otherwise, within ten days after written demand, Landlord shall be entitled, but shall have no obligation, to pay the lien or otherwise cause it to be discharged, in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderwhich case Tenant shall immediately reimburse Landlord for all amounts so expended and all related expenses, including attorneys’ fees.
Appears in 1 contract
Sources: Retail Triple Net Lease
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed except as otherwise provided hereinbelow. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had five (5) business days to review them. If the alteration, addition or improvement will affect the Building’s Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer acceptable to Landlord. Landlord’s approval of any plans and specifications shall not be a representation or warranty that the plans or the work depicted thereon will comply with applicable Laws or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the work by Tenant. Upon completion of any alteration, at its own cost and expenseaddition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect such shelves, bins, machinery and trade fixtures as it desires without the consent of Landlord provided that (a) such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (b3) such items may be removed without injury damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord’s property when installed in the Premises; provided, however, the following shall remain Tenant’s property: (a) furniture, movable equipment and other personal property that is not attached to the floors, walls, or ceiling of the Premises; and (cb) any other fixture, equipment, or other item, regardless of the constructionmanner of attachment, erection that is used primarily in Tenant’s trade or installation thereof complies business and that can be removed as a separate physical unit without damage to the Building and without interference with all applicable governmental laws, ordinances, regulations other tenants’ use and with Landlord's specifications and requirementsenjoyment of their leased premises. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved Party in the particular project Premises (i.e.including that relating to the installation, electrical wiring repair, replacement, or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion removal of the finish work, then before the finish work is added Tenant must (iany item) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in accordance with all applicable Laws and with Landlord’s specifications and requirements, in a good and workmanlike manner workmanlike, lien-free manner, and so as not to damage or alter the primary structure Building’s Structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by In connection with any such alteration, addition, or improvement which affects the roof or Building’s Structure, Tenant shall pay to the building comprising a part Landlord an administration fee of three percent (3%) of all costs incurred for such work. Upon expiration of the Premises Term or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement termination of Tenant’s rental payment obligations hereunderright to possess the Premises, Landlord may require Tenant to remove alterations installed in the Premises by or at the request of Tenant (excluding the initial Improvements described on Exhibit "B"), to repair any damage to the Premises caused by such removal, and to restore the Premises to good condition and repair, ordinary wear and tear excepted. If Landlord elects to require Tenant to remove any alterations, it must do so by delivering to Tenant written notice thereof at the time Landlord consented to the alteration. Attached hereto as Exhibit "C" is a list of trade fixtures, equipment, or other items that shall remain the property of Tenant. Subject to Landlord’s prior written approval, this list may be updated as alterations and additions are made to the Premises.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises (“Work”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed in the case of non-structural interior Work which does not affect building systems. Landlord shall not be required to notify Tenant of whether it consents to any Work until it (a) has received plans and specifications in a CAD disk format therefor which are sufficiently detailed to allow construction of the Work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the Work will affect the Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the plans or the Work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the Work. Upon completion of any approved Work, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant, at its own cost and expense, may without Landlord’s written consent erect such shelves, binspartitions, machinery and trade fixtures as it desires desires, provided that (a) such items do not alter the basic character of the Premises or the Building; (b) such items do not overload or damage the same; (bc) such items may be removed without injury to the Premises; and (cd) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's ’s specifications and requirements. All alterationsWithout implying any consent of Landlord thereto, additions, improvements all Work and partitions erected by Tenant shall be and remain the property of Tenant during the Term term of this Lease. All Work, shelves, bins, machinery partitions and trade fixtures installed by Tenant shall shall, at Landlord’s option, be removed on or before the earlier to occur of the date of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to substantially their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation normal wear and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lientear excepted. All improvements shall have the prior written approval of Landlord, Work and any removals and restorations shall be performed by a reputable construction company approved in writing by Landlordfree of liens, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner manner, in accordance with all applicable governmental laws, ordinances, regulations, and Landlord’s specifications and requirements, and so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and Building or other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part Premises or of which the Premises or Premises will in any way be are a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderpart.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord. TenantLandlord shall not be required to notify Tenant of whether it consents to any alteration, at its own cost addition or improvement until it (a) has received plans and expensespecifications in a CAD disk format therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (b3) such items may be removed without injury damage to the Premises; and (c) the construction. Unless Landlord specifies in writing otherwise, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, and improvements and partitions erected by Tenant shall be and remain Landlord’s property when installed in the property of Tenant during the Term of this LeasePremises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed All work performed by a Tenant in advance, any Tenant improvements the Premises (including that relating to the Premises will become part installations, repair replacement, or removal of the Premises upon installation any item) shall be performed in accordance with all applicable governmental laws, ordinances, regulations, and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals specifications and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner manner, and so as not to damage or alter the primary Building’s structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990. In connection with any such alteration, addition or improvement, Tenant shall pay to the building comprising a part Landlord an administration fee of the Premises or Premises will in any way be a condition five percent (5%) of all costs incurred for such work. However, Tenant shall not have to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.pay Landlord an administration fee for non-structural work costing less than $10,000.00
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions, or improvements to the Premises without the prior written consent of Landlord. TenantLandlord shall not be required to notify Tenant of whether it consents to any alteration, at its own cost addition or improvements until it (a) has received plans and expensespecifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. At the time of Landlord's prior written consent to the alterations, additions or improvements to the Premises, Landlord will inform Tenant whether said alteration, addition or improvement will have to be removed by Tenant upon termination of this Lease. If the alteration, addition or improvements will affect the Building's Structure, HVAC Systems, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with Law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (b3) such items may be removed without injury damage to the Premises; . Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord's property when installed in the Premises. All work performed by a Tenant Party in the Premises (cincluding that relating to the installations, repair, replacement, or removal of any item) the construction, erection or installation thereof complies shall be performed in accordance with all applicable governmental laws, ordinances, regulations law and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner manner, and so as not to damage or alter the primary structure Building's Structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated Tenant shall be responsible for any reasonable fees Landlord accrues to have any plans or specifications reviewed by Tenant to the building comprising a part of the Premises professional architect or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderengineer.
Appears in 1 contract
Sources: Commercial Lease Agreement (At Track Communications Inc)
Alterations. (a) Except as set forth in this PARAGRAPH 8 or in PARAGRAPH 12, Tenant shall not make any alterations, installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "ALTERATION") in or to the Premises or any part thereof without the prior written consent of the Landlord. Tenant; PROVIDED, at HOWEVER, that Landlord shall not unreasonably withhold, condition or delay its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items consent to any of the same which do not overload affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or damage air conditioning systems serving either the same; (b) such items may be removed without injury to Building or the Premises; and . All Alterations in the Premises (c) the construction, erection whether installed with or installation thereof complies with all applicable governmental laws, ordinances, regulations and with without Landlord's specifications and requirements. All alterationsconsent), additions, improvements and partitions erected by Tenant shall be and at the election of Landlord 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 occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore in the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to and be surrendered with the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals this Lease without disturbance, molestation or injury; FURTHER PROVIDED, HOWEVER, that any and all applicable legal requirements, receipt manufacturing items or other items of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Tenant's personalty shall have the prior written approval of Landlord, remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property.
(b) Landlord is delivering the Premises to Tenant in their "AS IS" condition, without any representation or warranty of any kind, express or implied, as to their condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant.
(c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a reputable construction company contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved in writing by Landlord, and who Tenant shall carry deliver to Landlord certificates of all such insurance and meet such other requirements as Landlord shall specifyinsurance. All invoices for improvements shall be available for inspection by Landlord. If any improvement Tenant's work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good first-class and workmanlike manner so as lien-free manner. Tenant shall not to damage be Landlord's agent for purposes of this work and Tenant shall be solely responsible for any mechanics' or alter the primary structure materialmen's lien arising therefrom; Tenant shall pay, bond or structural qualities otherwise release of the building comprising a part record any such lien within ten (10) days after receiving notice of its existence.
(d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and other improvements situated on shall not permit or suffer any lien to attach to the Premises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. No alterations contemplated Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to the building comprising a part be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises will and shall not encumber Landlord's interest in any way be a condition to the occurrence of Premises or the Commencement Date or commencement of Tenant’s rental payment obligations hereunderBuilding.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions, decorations or other improvements to the Premises or install any fixtures or equipment thereto (collectively “Alterations”), without the Landlord’s prior written consent of Landlordapproval, which approval shall not be unreasonably withheld, delayed or conditioned. All Alterations to the Premises shall be performed at Tenant’s sole cost and expense by Landlord or, at its own Landlord’s option, by Tenant in accordance with drawings and specifications prepared at Tenant’s sole cost and expense, may erect such shelveswhich drawings and specifications shall be consistent with the standards applicable thereto set forth in Exhibit “D” attached hereto. So long as Tenant is not in default hereunder, binsTenant shall have the right with the consent of Landlord, machinery and not to be unreasonably withheld, but not the obligation, to remove any of said Alterations which constitute trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; during and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt and any extension thereof, provided that Tenant repairs any damage caused by said removal. All of verification the Alterations remaining on the Premises after the date on which the Term ends, or at such sooner termination date, shall become the property of good Landlord. In doing any work of installation, removal, alteration or relocation, Tenant shall not harm the Premises or the Building and workmanlike completion of shall repair all damage or injury that may occur to the Premises or the Building in connection with such work and shall otherwise comply with Exhibit “D” attached hereto. Tenant agrees in doing any such work in compliance or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees. Any contractors employed by Tenant for such work shall comply with the requirements of Exhibit “D” annexed hereto and hereby made a part hereof and shall further be approved by Landlord in writing before the commencement of such work, but Landlord shall not unreasonably withhold its approval or consent. In all events all such contractors shall be required to employ only union labor in the performance of such work, carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content and with companies satisfactory to Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without . Prior to the filing commencement by Tenant of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlordwork as set forth in this subsection 7.D., and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have obtain, at its sole cost and expense, all inspections necessary permits, authorizations, licenses and other approvals required by the Cityvarious governmental authorities. Upon completion of any such work, County or other agency with jurisdiction performed without violation notedTenant shall pay to Landlord an amount equal to five percent (5%) of the cost of such work, (ii) obtain to reimburse Landlord for the cost of coordination and final inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Office Lease (Pennsylvania Real Estate Investment Trust)
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. TenantTenant shall not make any alterations, at its own additions or improvements which would modify the structural, mechanical, or electrical systems of the building without Landlord consent. Notwithstanding the foregoing, Tenant may make alterations which do not impact the structural, mechanical, or electrical systems of the building, and cost less than or equal to twenty five thousand dollars ($25,000), without Landlord consent. However, Tenant must notify Landlord of all alterations to the building prior to the commencement of such alterations. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvement until it (a) has received plans and expensespecifications in a CAD disk format therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Building's structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (b3) such items may be removed without injury damage to the Premises; and (c) . Unless Landlord specifies in writing otherwise at the constructiontime of consent, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, and improvements and partitions erected by Tenant shall be and remain Landlord's property when installed in the property of Tenant during the Term of this LeasePremises. All shelves, bins, machinery and trade fixtures installed by b y Tenant shall be removed on or before the earlier later to occur of the date day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original conditioncondition as of the Commencement Date of this Lease. Unless otherwise agreed All work performed by a Tenant in advance, any Tenant improvements the Premises (including that relating to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsinstallations, receipt of final lien waivers and bills paid affidavits from all contractorsrepair replacement, and expiration of all applicable lien periods without the filing or removal of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and item) shall be performed by a reputable construction company approved in writing by Landlordaccordance with all applicable governmental laws, ordinances, regulations, and who shall carry such insurance with Landlord's specifications and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e.requirements, electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner manner, and so as not to damage or alter the primary Building's structure or structural qualities the Premises. Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990. In connection with any such alteration, addition or improvement, Tenant shall pay to Landlord an administration fee of two and one-half percent (2.5%) of all costs incurred for such work. Tenant shall only be required to perform modifications or restoration to the building comprising a part Premises upon vacating the Building that exceed normal wear and tear. Not withstanding the foregoing, in the event Tenant elects to modify the Premises after Commencement, Landlord shall have the right to cause Tenant to restore the portion of the Premises and other improvements situated being modified to its original condition upon Occupancy provided Landlord includes such requirement in its consent to such modifications. Landlord shall be responsible for compliance with the American with Disabilities Act (ADA) on the Premisesexterior of the Building and all common areas upon Comencement of the Lease. No alterations contemplated Such costs for compliance shall be construed as costs incurred by Tenant the Landlord, which will not be amortized as operating expenses of the Building and passed through to the building comprising a part of Tenant. Tenant shall, at its sole cost and expense, be responsible for compliance with the Premises or Premises will in any way be a condition ADA for matters within its Premises, excluding matters pertaining to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderBuilding. Landlord represents and warrants upon Substantial Completion, complete compliance with ADA codes.
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Alterations. Tenant shall not make any no alterations, additions, additions or improvements to the Premises without the prior written consent of Landlord. TenantLandlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, at electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its own cost consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and expensecompletion bond satisfactory to Landlord and requirements as to the manner, may erect such shelvestime, binsand contractor for performance of the work. Without limiting the generality of the foregoing, machinery Tenant shall use Landlord's designated mechanical and trade fixtures as it desires electrical contractors for all work affecting the mechanical or electrical systems of the Building, provided that (a) such items do not overload or damage Tenant shall have the same; (b) such items may be removed without injury right to approve their changes before commencing the Premises; work. Tenant shall obtain all required permits for the work and (c) shall perform the construction, erection or installation thereof complies work in compliance with all applicable governmental laws, ordinances, regulations and with ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's specifications consent shall be made in writing and requirementsshall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. All Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by written notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and partitions erected the like installed either by Tenant shall be or by Landlord at Tenant's request and remain to repair any damage to the property of Premises arising from that removal. Landlord may require 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 occur remove an improvement provided as part of the date initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified in writing of termination of the requirement prior to the build-out. Except as otherwise provided in this Lease or vacating the Premisesin any Exhibit to this Lease, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, should Landlord make any Tenant improvements alteration or improvement to the Premises will become part of the Premises upon installation and will remain in place at the expiration request of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsTenant, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and Landlord shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices entitled to prompt reimbursement from Tenant for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcall costs incurred.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Office Space Lease (Netratings Inc)
Alterations. Tenant LESSEE shall not make any alterations, additionsno alterations in, or improvements to the additions to, said Demised Premises without first obtaining LESSOR's written consent. At the prior written consent termination and/or expiration of Landlord. Tenantthis lease or any renewal thereof, if LESSOR so elects, LESSEE shall, at its own cost and LESSEE's expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with remove all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be LESSEE 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 occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Demised Premises to their original condition. Unless ; otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have be delivered up to LESSOR with the prior written approval of LandlordDemised Premises, and shall be performed become the absolute property of the LESSOR without payment or offset. The LESSEE shall, at LESSEE's expense, at the termination and/or expiration of this lease, remove all of LESSEE's personal property (and those improvements made by a reputable construction company approved LESSEE which have not become the property of the LESSOR), including, but not limited to trade fixtures, bins, equipment, machinery and shall repair all damage done by or in writing by Landlordconnection with the installation or removal of said personal property and improvements, and who shall carry such insurance restore the Demised Premises to their original condition ordinary wear and meet such other requirements as Landlord shall specifytear excepted. All invoices property of LESSEE remaining on the Demised Premises at the termination and/or expiration of this lease shall conclusively be deemed abandoned and may be removed by LESSOR and LESSEE shall reimburse LESSOR for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection cost of such to-be-covered work by an independent third-party architect who shall document removal. LESSOR may have any such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing property stored at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workLESSEE's expense. All alterations, installations, such removals and restoration shall be performed accomplished in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to Demised Premises and the building comprising a part of in which the Demised Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderare located.
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Alterations. Tenant shall Lessee promises and agrees that he will not make or cause to be made any alterationsalterations or improvements upon said premises, additions, except upon the written consent of Lessor first had and obtained. All alterations or improvements to said premises shall remain for the Premises benefit of Lessor and shall not be removed unless otherwise expressly agreed in writing and shall be presumed to become an integral part of said premises. Upon any termination of this lease, any alterations or improvements theretofor made by Lessee, with or without the prior written consent of Landlord. TenantLessor, which in the opinion of Lessor tend to detract from the usability of said premises, shall upon written notice by Lessor be removed by Lessee and said premises shall be restored, at its own cost and Lessee's expense, may erect such shelves, bins, machinery and to the condition in which they were prior to the said alterations or improvements. The above restrictions shall not include or apply to trade fixtures so long as it desires Lessee fully complies with each and every term, condition and covenant herein contained and so long as said trade fixtures may be installed and removed without damage or injury to said premises or any improvements thereof. Upon the termination of this lease, provided that (a) all the conditions, covenants and agreements herein have been fully complied with on the part of Lessee, all such items do not overload or damage the same; (b) such items trade fixtures may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant so long as such removal 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way injure or impair the condition of said premises. In no event shall Lessee have any power or authority to do any act, or make or execute any contract or agreement that may create or become the basis for any lien upon the present or other estate or reversion of Lessor, and should any claim of such lien be a condition made or filed, Lessee shall cause the same to be discharged within ten days after the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderimposition thereof.
Appears in 1 contract
Alterations. (a) Tenant shall not make any alterationsnot, additions, or improvements to the Premises without the prior written consent of Landlord, make any alterations, improvements or additions to the Premises. If Landlord consents to any alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord's approval of plans and specifications for the work (but Tenant shall not be entitled to rely upon such approval as evidencing that the plans and specifications are proper in any respect), use of Landlord's approved contractors to perform the work (it being agreed that W.E. Keiding is pre-approved by Landlord), insurance against liabilities which may arise out of such work, permits necessary for such work and as-built drawings upon completion of such work and the furnishing to Landlord of such security as is determined by Landlord to be appropriate for the proper completion of such work and its completion free of mechanics', materialmen's and similar liens or claims thereof. All work done by Tenant or its contractors shall be done in a first-class workmanlike manner, using only good grades of materials and without disturbing other tenants and shall comply with all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental departments or agencies. Before proceeding with any such work, Tenant shall reimburse Landlord for Landlord's costs of Landlord's architects' review of Tenant's plans and specifications. Any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are compatible with those of the workmen who may be employed in the Building by Landlord, its contractors or subcontractors, and Landlord shall have the right, at its own cost and expenseoption, may erect such shelvesto directly supervise the work, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage which supervision shall be for the same; protection of Landlord's interest only.
(b) such items may be removed without injury If Tenant requests that Landlord, through its contractors, perform the work associated with any alteration, improvement or addition to the Premises; , and Landlord agrees, in its sole discretion, to perform such work, Landlord shall provide Tenant with a Tenant Work Order describing the work to be performed by Landlord and stating the total cost to Tenant for the performance of the work. Upon Tenant's acceptance of the Tenant Work Order, the total cost for the work stated therein shall become a sum required to be paid under this Lease and subject to the provisions of subparagraph 8(a).
(c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, additions or improvements and partitions erected made by Tenant and all fixtures attached to the Premises shall be and remain become the property of Tenant during Landlord and remain at the Term Premises or, at Landlord's option, any or all of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant the foregoing shall be removed on or at the cost of Tenant before the earlier to occur of the date of expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installations or vacating removal thereof. Tenant shall 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, at which time Tenant shall restore or in the Premises to their original condition. Unless otherwise agreed in advanceBuilding, any Tenant improvements to except on the Premises will become part entrance doors of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractorsPremises, and expiration then only of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s liensuch size, color and style as Landlord may approve. All improvements Landlord shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing right to be covered by finished walls, etcremove unauthorized signs at Tenant's expense.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Alterations. Tenant shall not make any alterationsmake, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expenseany alterations, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload additions or damage the same; (b) such items may be removed without injury improvements to the Premises; and (c) . Notwithstanding the constructionforegoing, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications consent shall not be required for normal decorating work such as painting and requirementsinstallation of wall coverings and carpeting. Landlord shall not unreasonably withhold or delay its consent to alterations, additions or improvements to the Building which do not affect the exterior, or structural portions of the Building or the base building mechanical, electrical, plumbing, elevator, security or other systems in the Building. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord, for its approval, plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full. All alterations, additionsadditions and improvements shall be installed in a good, workerlike manner and only new, high-grade materials shall be used. All such work shall be done only by contractors or mechanics reasonably approved by Landlord and shall be subject to Landlord's scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements. Before commencing any work in connection with such alterations, additions or improvements, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or may be connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to supervise construction operations in connection with the foregoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the cost of decorating the Premises occasioned by such alterations, additions and improvements, including the cost of labor and materials, contractors' profit, overhead, general conditions and a reasonable fee to Landlord. Upon completing any alterations, additions or improvements, Tenant shall furnish Landlord with (i) contractors' affidavits in form required by law, and full and final waivers of lien and receipted bills covering all labor and materials expended and used and (ii) "as built" or record drawings showing all alterations, 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 additions to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals additions and restoration improvements shall be performed in a good comply with all insurance requirements and workmanlike manner so as not to damage or alter with all city and county ordinances and regulations and with the primary structure or structural qualities requirements of the building comprising a part of the Premises all state and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderfederal statutes and regulations.
Appears in 1 contract
Sources: Office Lease (May & Speh Inc)
Alterations. Tenant Lessee shall not make any alterations, additions, or improvements to the Premises alterations without the prior written consent of Landlord. Tenant▇▇▇▇▇▇, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do said consent not overload to be unreasonably withheld or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsdelayed. All alterations, additions, improvements fixtures, improvements, and partitions erected by Tenant ▇▇▇▇▇▇ shall be and remain the property of Tenant lessee during the Term term of this Lease. All shelves, bins, machinery Lease and trade fixtures installed by Tenant shall be removed on or before become the earlier to occur property of Lessor as of the date of termination of this Lease Lease, or upon earlier vacating of the Premises, at and title shall pass to Lessor under this Lease as by a bill of sale. Provided Lessee is not in default or otherwise indebted to Lessor, all movable office furniture, shelves, bins, equipment and trade fixtures installed by Lessee may be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall be removed by the date of termination of the Lease or upon earlier vacating of the Premises if required by Lessor. For purposes of this Paragraph, the term "equipment and trade fixtures" shall not include HVAC, electrical, or plumbing components (including, but not limited to, air conditioning systems or electrical transformers, panels and transfer switches) or any other similar items, which time Tenant would generally be installed in or affixed permanently to the Premises or Building. Upon any such removal Lessee shall restore the Premises to their its original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation ordinary wear and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lientear excepted. All improvements shall have the prior written approval of Landlord, such removals and restorations shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed accomplished in a good and workmanlike ▇▇▇▇▇▇▇ like manner so as not to damage or alter the primary structure structure, roof or structural qualities of the building comprising a part of and other improvements within which the Premises are situated. In no event shall Lessor be required to (i) compensate Lessee for alterations, additions, improvements or partitions erected by Lessee on or within the Premises, or (ii) compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or within the Premises and other improvements situated which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. Prior to commencing any work or installing any equipment in excess of [***] in, on or about the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises , Building or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.Property, Lessee shall:
Appears in 1 contract
Alterations. Tenant After Lessee's initial occupancy of the Demised Premises and installation of Lessee's approved pre-occupancy tenant work, Lessee shall make no alterations, installations, additions or improvements (herein collectively called Alterations) in or to the Demised Premises or the Building without Lessor's prior written consent. Consent by Lessor to Lessee's Alterations shall not make be unreasonably withheld, except that Lessor may withhold its consent for any alterationsreason with regard to requested Alterations by Lessee which affect the structure of the Building or the mechanical, additionsplumbing or electrical systems of the Building. Lessee, at its sole cost and expense, must provide Lessor with a copy of the original or improvements revised full floor mechanical and electrical plans for the floor or floors on which the Alterations are to be made, revised by the Premises Building architect and engineers to show Lessee's proposed Alterations. If any such Alterations are made without the prior written consent of LandlordLessor, Lessor may correct or remove the same, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. TenantAll Alterations shall be made at Lessee' s sole expense, at such times and in such manner as Lessor may designate, and only by such contractors or mechanics as are approved in writing by Lessor. Approval of contractors or mechanics by Lessor, which approval will not be unreasonably withheld, shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience and past job performance. Lessor, at the expiration or earlier termination of the term of the Lease, may elect to require Lessee to remove all or any part the Alterations made by Lessee subsequent to the Commencement Date, unless Lessor agrees in writing not to require the removal of any Alterations at the time Lessor consents to the Alterations. Removal of Lessee's Alterations shall be at Lessee's cost and expense and Lessee shall, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or repair any damage the same; (b) such items may be removed without injury to the Premises; and (c) Demised Premises or the constructionBuilding caused by such removal. Lessee shall remove, erection at its sole expense, all of Lessee's property, including Lessee's bank vault, at the expiration or installation thereof complies with all applicable governmental lawsearlier termination of the Lease. In the event Lessee does not remove Lessee's property at the expiration or earlier termination of the Lease, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant such property shall be and remain become the property of Tenant during Lessor. In the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall event Lessee fails to remove its property or the Alterations requested to be removed by Lessor on or before the expiration, or earlier to occur termination, of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part term of the Lease, then and in such event, Lessor may remove Lessee's property and Alterations from the Demised Premises upon installation at Lessee's expense and will remain in place at Lessee hereby agrees to reimburse Lessor, as additional rent, for the expiration cost of such removal together with any and all damages which Lessor may suffer and sustain by reason of the Term failure of Lessee to remove the same. Said amount of additional rent and the cost of Lessor's damages shall be due and payable upon receipt by Lessee of verification a written statement of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits costs from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etcLessor.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Alterations. The Tenant agrees that Tenant will make no alterations in, or additions or improvements to said premises without in each case the written consent of Landlord first being had and obtained. Drawings and specifications of the proposed alterations shall not be submitted when Tenant requests the said approval. ▇▇▇▇▇▇ agrees that Tenant will make any all such alterations, additions, or improvements in or to premises at the Premises without the prior written consent expense of LandlordTenant. Tenant, at its own cost and expense, may erect Tenant agrees that in making any such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, or improvements and partitions erected in occupying and using said premises, Tenant will comply with the Building Code and ordinance of the City, and all the laws of the State in which said premises are located, pertaining to such work and/or such use or occupancy; it being further agreed that any additions, alterations, or improvements made by Tenant (except only movable store and office furniture and fixtures and equipment affixed to the lease premises that is essential to Tenant’s business) shall become and remain a part of the building and be and remain the property of Tenant during Landlord upon the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the PremisesTenant's occupancy of said premises; provided, however, that the Landlord by giving written notice to Tenant at which the time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements consenting to the Premises will become part making of any such additions, alterations, or improvements may require Tenant to restore said premises to the same condition they were in immediately before the making of such additions, alterations, or improvements. The interest of the Premises upon installation Landlord shall not be subject to liens for improvements made by Tenant. ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇ will save harmless Landlord from and will remain in place at the expiration against all expenses, liens, claims, or damages to either property or person which may or might arise by reason of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing making of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlordsuch repairs, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installationsadditions, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderimprovements.
Appears in 1 contract
Alterations. Tenant Lessee shall not make any no structural alterations, additions, replacements or improvements to the Premises without the prior express written consent of LandlordLessor, which consent shall not be unreasonably withheld, conditions or delayed. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All Any alterations, additions, replacements and improvements made to or upon the Premises during the term of this Lease shall immediately become the property of Lessor and partitions considered a part of the Premises. Lessee agrees that should it make any alterations, additions, replacements or improvements to the Premises it will not be acting as agent or servant of Lessor and that it will promptly pay the cost or expense for same. Lessee shall not permit, create, or place any lien or encumbrance of any kind on the Premises. Failure by Lessee to have any such lien or encumbrance removed within 30 days following such filing shall constitute a default hereunder. Notwithstanding anything to the contrary foregoing, Lessor hereby consents the Lessee’s erection of chain link fencing on the Premises at Lessee’s sole cost and expense. Lessor retains option to require Lessee to remove said improvements (including, without limitation, any chain link fencing erected by Tenant Lessee) upon expiration of this Lease and restore Premises to their original conditions, normal wear and tear excepted. Lessor shall be and exercise such option, if at all, by providing Lessee written notice thereof not later than sixty (60) days prior to the expiration of this Lease. However, trade fixtures installed by or for Lessee for use in its business shall remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery Lessee and trade fixtures installed by Tenant shall may be removed on at or before the earlier to occur of the date of termination expiration of this Lease or vacating the Premisesterm, at which time Tenant shall restore including any applicable renewal terms, provided the Premises be returned to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved Lessor in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etccondition as provided in Paragraph 11 herein.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 1 contract
Sources: Lease Agreement (Accuride Corp)
Alterations. Tenant shall not make any alterations, additions, additions or improvements to the Premises without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that that: (ai) such items do not alter the basic character of the Premises or the Building and/or improvements of which the Premises are a part; (ii) such items do not overload or damage the samePremises, the Building or such improvements; (biii) such items may be removed without injury to the PremisesPremises that can not be repaired (and which Tenant agrees to repair); and (civ) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's reasonable specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant (excluding the drive through canopy) 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 occur of the date of termination of this Lease or vacating of the PremisesPremises by Tenant, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to ; provided if termination occurs at the Premises will become part end of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirementsten (10) year primary term or any extended term, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements Tenant shall have the prior written approval of Landlord, thirty (30) days after termination to complete such removal and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workrestoration. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises Building and other improvements situated on the PremisesPremises or of which the Premises are a part. No alterations contemplated by Tenant Notwithstanding anything to the building comprising a part contrary contained herein, it is agreed that the use of and access to the roof of the Premises or Premises will Building is expressly reserved to Landlord and is expressly denied to Tenant. Tenant shall not penetrate the roof of the Building in any way be a condition to manner, nor install or construct any alterations, additions or improvements thereon, nor otherwise use or occupy the occurrence of roof at any time during the Commencement Date or commencement of Tenant’s rental payment obligations hereunderTerm hereof.
Appears in 1 contract
Alterations. Tenant shall not make (or permit to be made) any alterationschange, additions, addition or improvements 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 Landlord, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such 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, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (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 the Premises) shall become the property of Landlord and shall, at Landlord’s election, be (i) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefor, or (ii) removed by Tenant, at its own cost and Tenant’s expense, with all damage caused by such removal repaired by Tenant. Tenant may erect such shelvesremove Tenant’s trade fixtures, binsoffice supplies, machinery movable office furniture and trade fixtures as it desires provided that (a) such items do equipment not overload or damage the same; (b) such items may be removed without injury attached to the Premises; and (c) the constructionBuilding, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 provided such removal is made prior to 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt Term, no uncured Event of verification of good Default has occurred and workmanlike completion of Tenant promptly repairs all damage caused by such work in compliance with Landlord’s approvals removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all applicable legal requirementsliens, receipt of final lien waivers claims, damages, losses, liabilities and bills paid affidavits from all contractorsexpenses, and expiration of all applicable lien periods without the filing of any claim for mechanic’s including attorneys’ fees, which may arise out of, or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will connected in any way with, any such change, addition or improvement. Within ten (10) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderproper bond.
Appears in 1 contract
Sources: Lease Agreement (Overstock Com Inc)
Alterations. Tenant shall not make any no alterations, additions, additions or improvements in or to the Premises without the Landlord's prior written consent. If Tenant shall request Landlord's consent for any alterations, additions or improvements, then Tenant shall submit detailed plans, specifications and an itemized budget for making such alterations, additions or improvements. Tenant shall pay to Landlord all costs incurred by Landlord for any architectural, engineering, supervisory or legal services in connection with making a determination concerning consent for any alteration, addition or improvement requested by Tenant or in connection with making any correction to any work or improvement performed by or at the request of Tenant. Landlord may impose any conditions and the requirements to any consent as Landlord shall in its discretion deem to be necessary or advisable, including without limitation the hours when work may be performed. Any approved alteration, addition or improvement shall be made only by contractors or mechanics approved by Landlord. The review, approval, inspection or examination by Landlord or any of its agents of any plans, specifications, contractors or any other items shall be solely for Landlord's benefit and to protect its interests, and neither Landlord nor its agents shall be deemed to have assumed any responsibility for the quality of work of any contractor or the accuracy, sufficiency, quality or suitability of such plans, specifications or other items. 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. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations, permits and requirements of any insurance rating bureau used by insurers selected to carry Landlord's insurance, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant, at its 's own cost and expense, may erect a completion and lien indemnity bond satisfactory to Landlord for said work and such shelvesother comprehensive general public liability insurance, binsbuilders risk insurance, machinery and trade fixtures other such insurance coverages so as it desires provided that (a) such items do not overload or damage to protect the same; (b) such items insurable interests of Landlord, Tenant, contractors and subcontractors in amounts and on forms as may be removed without injury requested by Landlord. 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, or materials claimed to have been furnished, will be discharged by Tenant, by bond or otherwise, within ten (10) days after the Premises; filing thereof, at the sole cost and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirementsexpense of Tenant. All alterations, additionsadditions or improvements upon the Premises made by either party, improvements including without limitation, all wall coverings, floor coverings, built-in cabinet work, paneling and partitions erected by Tenant shall be and remain the like, shall, unless Landlord elects otherwise, become 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlordremain upon, and who shall carry such insurance and meet such other requirements be surrendered with the Premises, as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (a part thereof, at the end of the Term or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e.upon earlier termination; provided, electrical wiring or plumbing to be covered by finished walls, etc.)however, that will not be readily subject Landlord may, by written notice to inspection upon completion of the finish workTenant, then before the finish work is added require Tenant must (i) have to remove all inspections required improvements, alterations and additions made by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspectionTenant, and (iii) before performing the finish work that will cover Tenant shall repair all damage resulting from such other workremoval or, notify at Landlord's option, shall pay to Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect all costs arising from such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderremoval.
Appears in 1 contract
Alterations. Tenant shall not make any alterationsmake, additions, or improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expensewhich will not be unreasonably withheld, may erect such shelvesany alterations, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload additions or damage the same; (b) such items may be removed without injury improvements to the Premises; . Landlord’s decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (iii) copies of contracts, necessary permits and licenses and (civ) instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the constructionPremises, erection or installation thereof complies Tenant shall provide Landlord with all applicable governmental lawsappropriate evidence of Tenant’s ability to pay for such work and materials in full, ordinancesand if requested by Landlord, regulations shall deposit with Landlord at such time such security for the payment of said work and with Landlord's specifications and requirementsmaterials as Landlord may require. All alterations, additionsadditions and improvements shall be’ installed in a good, improvements workmanlike manner and partitions erected by Tenant only new, high-grade materials shall be and remain the property of Tenant during the Term of this Leaseused. All shelves, bins, machinery and trade fixtures installed by Tenant such work shall be removed done only by contractors or mechanics approved by Landlord and shall be subject to Landlord’s scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements. All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on or before the earlier Premises. Before commencing any to occur of the date of termination of this Lease or vacating Building, including the Premises, at which time occasioned by such alterations, additions and improvements work in connection with such alterations, additions or improvements, Tenant shall restore furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to supervise construction operations in connection with the Premises foregoing work if Landlord requests to their original conditiondo so. Unless otherwise agreed in advance, any Tenant improvements to shall pay the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion cost of all such work in compliance with Landlord’s approvals alterations, additions and all applicable legal requirementsimprovements, receipt as well as the cost of final lien waivers decorating and bills paid affidavits from all repairing any damage, including the cost of labor and materials, contractors’ profits, overhead and general conditions, and expiration of all applicable lien periods without the filing of a reasonable fee to Landlord. Upon completing any claim for mechanic’s alterations, additions or materialman’s lien. All improvements improvements, Tenant shall have the prior written approval of Landlordfurnish Landlord with contractors’ affidavits in form required by law, and shall be performed by a reputable construction company approved in writing by Landlord, full and who shall carry such insurance final waivers of lien and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have receipted bills covering all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, labor and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered workmaterials expended and used. All alterations, installations, removals additions and restoration improvements shall be performed in a good comply with all insurance requirements and workmanlike manner so as not to damage or alter with all city and county ordinances and regulations and with the primary structure or structural qualities requirements of the building comprising a part of the Premises all state and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunderfederal statutes and regulations.
Appears in 1 contract
Alterations. (a) Tenant shall not make any alterations, improvements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord's prior written approval, not to be unreasonably withheld. All alterations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord's consent.
(b) All alterations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, improvements or additions; provided, however, that Landlord may designate by written notice to Tenant at the time Tenant requests consent those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to the Premises caused by such removal. Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or for Tenant may be removed by Tenant at any time.
(c) In performing such alterations, improvements or additions, or improvements in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises without and the prior written consent Building and shall repair all damage or injury that may occur to the Premises or the Building as a result thereof.
(d) ▇▇▇▇▇▇ agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. TenantAny contractors employed by Tenant shall be subject to Landlord's prior written approval, not to be unreasonably withheld. All such contractors shall be required to carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord.
(e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at its own ▇▇▇▇▇▇'s sole cost and expense, may erect such shelvesall necessary permits, bins, machinery authorizations and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, 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 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. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections licenses required by the City, County or other agency with various governmental authorities having jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on over the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
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Alterations. Tenant shall not make any All alterations, additionsreplacements and improvements made upon the Property during the Lease, or improvements to the Premises without including lighting, electrical wiring, office partitions, all heating and air conditioning, shall be done only with the prior express written consent of LandlordLessor and shall become the sole and exclusive property of lessor upon the expiration of this Lease. TenantHowever, at its own cost and expense, may erect such shelves, binsall movable trade fixtures, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected equipment installed by Tenant Lessee shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery Lessee and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premisesby Lessee, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advanceits expense, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt Lease, provided the Lease is not then in default. The Property shall be returned to Lessor by Lessee in the condition it existed as of verification of good the Effective Date, reasonable and workmanlike completion ordinary wear and tear excepted. In the event Lessee fails to timely remove fixtures, machinery or equipment installed by it, as required under this Section 8, Lessor may at its option and at Lessee's expense demolish, remove and dispose of all such work items or may retain it as the property of Lessor without reimbursement to Lessee. Lessee undertakes that no lien, privilege, or claim of any kind shall rest against the Property from any repairs, alterations, additions or improvements, or from the construction of any building or buildings; and agrees to furnish, at its own cost, to Lessor, upon Lessor's request therefor, the bond of a responsible surety company, qualified to do business in compliance with Landlord’s approvals and all applicable legal requirements, receipt the State of final lien waivers and bills paid affidavits from all contractorsLouisiana, and expiration reasonably acceptable to Lessor, conditioned to hold Lessor and the Property harmless against any such lien, privilege, or claim, said bond to be for an amount equal to the estimated cost of all applicable lien periods without such construction, restoration, alterations, additions or improvements. No consent of Lessor for Lessee to make improvements or repairs to the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and Property premises shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing deemed to be covered by finished walls, etc.), that will not be readily permit Lessor's interest to become subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County labor or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the building comprising a part of the Premises or Premises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereundermaterial liens.
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Sources: Sub Lease (North American Gaming & Entertainment Corp)