Alterations. 10.1. The Sublessee shall have the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants. (1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work. (2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport. (3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance: (i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10. (ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and (iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire. (4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed. 10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly. 10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease. 10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 3 contracts
Sources: Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right to make no alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which Landlord. Landlord's consent shall not be unreasonably delayed withheld as long as the proposed changes do not affect the structural, electrical or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering mechanical components or architectural plans or, if consented to by the Sublessor, working drawings. The consent systems of the Sublessor will 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 deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed grantedcovered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, all such work shall be done at Sublessee's sole costtime, and subject to contractor for performance of the following covenants.
(1) All 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. Tenant shall obtain all required permits for the work and alterations shall be done perform the work in compliance with all applicable governmental regulationslaws, codesregulations and ordinances, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with Landlord shall be entitled to a supervision fee in the provisions amount of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions five percent (5%) of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction and construction related work.
(2) All alterations materials into the Premises. Any request for Landlord's consent shall be of such a character as not made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to materially reduce the value and usefulness of any of the Building Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes affixed to remove such alterations and restore the Premises upon termination (excluding moveable trade fixtures and furniture) shall become the property of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 Landlord and shall be maintained for surrendered with the limits specified thereunder 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 shall provide coverage for the mutual benefit like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of Sublessorthe initial build-out pursuant to Exhibit X, PDAif any, if and only if the United States improvement is a non-building standard item and Tenant is notified of America and Sublessee the requirement prior to the build-out. Except as named otherwise provided in this Lease or additional insured (as is appropriate) in connection with any Exhibit to this Lease, should Landlord make any alteration permitted pursuant or improvement to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions Premises at the request of existing policies Tenant, Landlord shall be covered by special endorsement thereto in respect entitled to any alteration, including prompt reimbursement from Tenant for all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshirecosts incurred.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
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. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions, or construct any cosmetic changes improvements to the Building or undertake changes or alterations Premises without the prior written consent of the non- structural portions of the Building or PremisesLandlord. Tenant, costing less than $50,000 without obtaining Sublessor's approval 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 Sublessee shall notify the Sublessor of same; (b) such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes items may be removed without injury to the mechanical Premises; and (c) the construction, erection or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance installation thereof complies with all applicable governmental regulationslaws, codesordinances, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the provisions property of Article 22 Tenant during the Term of this SubleaseLease. This obligation All shelves, bins, machinery and trade fixtures installed by Tenant shall include compliance with all applicable provisions be removed on or before the earlier to occur of the FFA (as defined in Article 22)date of termination of this Lease or vacating the Premises, including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations at which time Tenant shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Lease)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 hereunder 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, shall conform manner so as not to drawings and specifications approved by Sublessor and shall not be disruptive damage or alter the primary structure or structural qualities of the overall operation building comprising a part of the AirportPremises and other improvements situated on the Premises. All contractors engaged No alterations contemplated by Sublessee Tenant to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws building comprising a part of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when Premises or Premises will in any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at way be a condition to the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting occurrence of the Building and the Airport as well as with PDA's own land use control regulations and may approve Commencement Date or disapprove accordinglycommencement of Tenant’s rental payment obligations hereunder.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
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. 10.1. The Sublessee Tenant shall have the right to not make any alteration, addition or construct any cosmetic changes improvement to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 Leased Premises without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord and Landlord’s mortgagee, which consent shall not be unreasonably delayed withheld except those improvements shown on Exhibit “A”. Upon the expiration of this Lease, Tenant shall not remove any alterations, additions or withheld 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 notice consent of Landlord and Landlord’s mortgagee and payment of the above costs. Without 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 no cost to Landlord, in connection with any applications or permits which are required to be signed by the Sublesseeowner of the Premises). Any request for Sublessor's consent All work performed by Tenant shall be accompanied performed by preliminary engineering or architectural plans orresponsible contractors, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance comply with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction this Lease and construction related work.
(2) All alterations shall be of such accomplished in a character manner so as not to materially reduce void any warranties which may be existing with respect to the value and usefulness Premises. Prior to commencement of any work, and until completion of the Building or other improvements below their value same, Tenant shall obtain and usefulness immediately before maintain at its sole expense builder’s risk insurance with such alteration (unless Sublessee undertakes to remove carriers and in such alterations amount as may be required by Landlord and restore its mortgagee, which policy(ies) shall name Landlord and its mortgagee as additional insured, and shall provide that the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and same shall not be disruptive canceled or 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 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 overall operation of the AirportAdditional Tenant Improvements. All contractors engaged by Sublessee to perform such work Additional Tenant Improvements constituting fixtures (excluding Tenant’s trade fixtures) shall employ labor that can work in harmony with all elements become the sole property of labor Landlord and shall, at the Airportelection of Landlord, become encumbered by any mortgage(s) encumbering the Premises.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
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. 10.1Lessee shall make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. The Sublessee All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall have be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to make require Lessee to remove upon the expiration or construct any cosmetic changes sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the Building probable effect of such Alteration, addition or undertake changes improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or alterations sooner termination of the non- structural portions term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the Building or Premisesterm of this Lease and Lessee, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee at its expense, shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or also repair any changes which shall involve changes damage to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice Premises caused by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations removal and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the AirportBuilding standard.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 3 contracts
Sources: Lease (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.)
Alterations. 10.1. The Sublessee (a) Tenant shall have not, without the right to prior written consent of Landlord, make any alterations, improvements or construct any cosmetic changes additions to the Building Premises. If Landlord consents to any alterations, improvements or undertake changes or alterations additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord’s approval of the non- structural portions of contractors to perform the Building or Premiseswork, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor contractor’s lien waivers, insurance against liabilities which may arise out of such alterationswork, plans, specifications and permits necessary for such work and as built drawings upon completion of such work. Any non-cosmetic changes All work done by Tenant or alterations which shall either exceed the $50,000 cost or include structural changesits contractors pursuant to and in accordance with this Paragraph 8, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work otherwise shall be done at Sublessee's sole costin a first class workmanlike manner, using only good grades of materials and subject to the following covenants.
(1) All work and alterations without disturbing other tenants, shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety insurance requirements and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions laws or ordinances and rules and regulations of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction governmental departments or agencies and construction related work.
(2) All alterations shall be of such a character as done by responsible contractors and subcontractors approved by Landlord in advance whose engagement will not to materially reduce in Landlord’s opinion, and in fact does not, result in any labor dispute at the value and usefulness of Building, whether in connection with any construction at the Building, the operation of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airportotherwise.
(3b) During All alterations, additions or improvements made by Tenant and all fixtures attached to the period Premises shall become the property of construction Landlord and remain at the Premises or, at Landlord’s option, any or all of the foregoing shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation and/or removal thereof. Tenant shall not permit or suffer any alterationsigns, Sublessee advertisements or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause notices to be maintained displayed, inscribed upon or affixed on any part of the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for outside or inside of the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, onPremises, or about in the Subleased Premises ( including excavationsBuilding, foundations, except on the directory board to be provided by Landlord and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with on the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or entrance doors of the Subleased Premises, with statutory limits as then required under provided, however, that Tenant shall not display, inscribe or affix any sign on such directory board or on the laws entrance doors of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving without, in each instance, obtaining the prior written approval of Sublessor and PDA, from Landlord as to the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, color and location, all style of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building such sign and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3proposed method of attachment. Notwithstanding any other provision of this Sublease, Landlord shall have the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Leaseremove unauthorized signs at Tenant’s expense.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 3 contracts
Sources: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)
Alterations. 10.1Any and all alterations, additions and/or improvements, except trade fixtures installed at the expense of the Lessee shall 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. The Sublessee shall have Such alterations, additions, and improvements may only be made with the right to make prior written consent and approval of the Lessor. If consent is granted by the Lessor for the making of improvements, alterations or construct any cosmetic changes additions to the Building leased Premises, such improvements, alterations or undertake changes 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 non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereofLessor. If such consents are granted or deemed permission is granted, all such work or installation shall be done at Sublesseethe Lessee's sole cost, expense and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as manner that the roof shall not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes be damaged thereby. If it becomes necessary to remove such alterations cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and restore reinstall the Premises upon 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 Lease)roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its expense, any damages resulting from such removal. At the termination of this lease, Lessee shall deliver the leased Premises in good and reasonable condition, natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be repaired at the Lessee's expense prior to the expiration of the lease term. All work performed hereunder alterations, improvements, additions and repairs made by the Lessee shall be performed made in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Alterations. 10.1. The Sublessee (a) Tenant shall have the right to make no alterations, additions or construct any cosmetic changes improvements in or to the Building Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld or undertake changes delayed, and then only by contractors or alterations mechanics reasonably approved by Landlord, which approval shall not be unreasonably delayed. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the non- structural portions plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or Premises, costing less than $50,000 without obtaining Sublessorinterfere with the moving of Landlord's approval provided that equipment to or from the Sublessee shall notify the Sublessor of such alterationsenclosures containing said installations or facilities. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all All such work shall be done at Sublessee's sole cost, such times and subject in such manner as Landlord may from time to the following covenants.
(1) All time designate. Tenant covenants and agrees that all work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder 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 Pacific Fire Rating Bureau, 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 reasonably required by Landlord based upon the reputation and financial capability of the contractor and the nature of the work to be performed (including Landlord's particular reasons therefor), secure at Tenant's own post and expense, a good completion and workmanlike mannerlien indemnity bond reasonably satisfactory to Landlord for said work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, shall conform or materials' claimed to drawings have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within twenty (20) days after the filing thereof, at the cost and specifications approved by Sublessor and expense of Tenant, except that Tenant shall not be disruptive obligated to so discharge such lien prior to ten (10) days following Tenant's receipt of notice of the overall operation existence thereof. As long as Tenant properly discharges the lien by bond or otherwise, as provided above, Tenant shall have the right to contest such lien in accordance with applicable law. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the Airport. All contractors engaged by Sublessee to perform such work foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall employ labor that can work in harmony remain upon, and be surrendered with all elements of labor the Premises, as a part thereof, at the Airportend of the Term hereof, except that Landlord may, by written notice to Tenant at the time Landlord consents to such alteration, or within twenty (20) days after receipt of notice thereof, if no consent is required, require Tenant to remove at the end of the Term, all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. Notwithstanding any contrary provision of this Subparagraph 14(a), Landlord's prior consent shall not be required for any nonstructural alteration to the Premises, the cost of which does not exceed Thirty Thousand Dollars ($30,000.00), as long as such alteration does not affect the structural integrity of the Building, does not adversely affect the Building systems and is not visible from the exterior of the Premises; provided, however, all other provisions of this Subparagraph 14(a) shall be applicable to any such alteration, including, but not limited to Tenant's obligation to provide Landlord with prior written notice of any such alteration, along with the plans and specifications related thereto, if appropriate.
(3b) During All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject and remain the property of Tenant and may be removed by Tenant at any time during the Lease Term when Tenant is not in default hereunder, or within fifteen (15) days following the end of such Lease Term. If Tenant shall fail to Condition 17 remove all of its effects from the Premises within fifteen (15) days after termination of this Lease for any cause whatsoever, Landlord may, at its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects, for any length of time that the same shall be in Landlord's possession. Landlord may, at its option, without notice, sell said effects, or any of the Master Lease.
10.4. In addition same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant to Landlord and upon the expense incident to the requirements to provide notice to Sublessor removal and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required sale of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDAsaid effects.
Appears in 2 contracts
Alterations. 10.1(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. The Sublessee shall have 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 construct suffer to be made any cosmetic changes alterations, additions or improvements to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, leased premises or any changes which shall involve changes to the mechanical or HVAC systems, shall require the part thereof without prior written consent of the SublessorLessor, which consent the Lessor covenants and agrees shall not be unreasonably delayed withheld. If Lessor fails to provide Lessee with notice of whether such alterations, additions or withheld following written notice 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, the same shall be at Lessee's sole cost and expense, and Lessee shall hold the Lessor harmless on account of the cost thereof. Any such alterations shall be made at such times in such manner as not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the building by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request other tenants thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1c) All work and If required by Lessor, any alterations shall be done in compliance with all applicable governmental regulations, codes, standards removed by Lessee upon the termination or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with sooner expiration of the provisions of Article 22 term of this Sublease. This obligation Lease and Lessee shall include compliance with repair damage to the premises caused by such removal, all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction at Lessee's cost and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)expense. All work performed hereunder shall be performed in a good alterations, additions and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee improvements shall comply with Condition 10.17 any and all regulations of the Master Lease to the same extent required of Sublessor and PDAall regulatory agencies having jurisdiction thereof.
Appears in 2 contracts
Sources: Lease Agreement (Diagnostic Retrieval Systems Inc), Lease Agreement (Diagnostic Retrieval Systems Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes improvements to the Building Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or undertake changes or alterations condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the non- structural portions Buildings or on the structure or exterior of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee Buildings. Tenant shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes provide detailed drawings to the mechanical or HVAC systems, shall require the consent of the SublessorLandlord for review and approval, which approval shall not be unreasonably delayed withheld, conditioned or withheld following written notice by the Sublesseedelayed. Any request for Sublessor's consent Tenant shall be accompanied by preliminary engineering or architectural plans orperform any such alterations, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, additions and subject to the following covenants.
(1) All work improvements in a good and alterations shall be done workmanlike manner and in compliance with all applicable governmental regulationslaws, codes, standards or other requirements, including fire, safety and all building codes and Land Use Regulations promulgated by PDA all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and with expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions Premises to be released promptly after Tenant receives notice of the FFA (as defined in Article 22)same without cost to Landlord. Subject to Section 13 below, including obligations imposed upon Sublessor in respect Tenant shall repair any damage to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the Building expiration or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon earlier termination of the Lease). All work performed hereunder shall be performed Term, unless Tenant requests and Landlord agrees in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor writing otherwise at the Airport.
(3) During time of their construction or installation. Notwithstanding any provision of this Lease to the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and locationcontrary, all of which Sublessor Tenant's furniture, equipment, trade fixtures, supplies and PDA may review for harmony and conformity with personal property located within the overall structure and architectural and aesthetic setting Premises throughout the term of this Lease shall remain the Building and the Airport as well as with PDA's own land use control regulations property of Tenant and may approve or disapprove accordinglybe removed from the Premises by Tenant at any time.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Lease (Autologic Information International Inc), Lease (Agfa Corp)
Alterations. 10.1a. IDC shall not make any alterations, additions or improvements to the Sublease Premises (“Alterations”) without the prior written consent of University and Master Landlord. The Sublessee shall have the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which University shall not be unreasonably delayed withheld, conditioned or withheld following written notice by delayed. University has approved the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and planned alterations described on Exhibit F subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation Section 11; provided that IDC shall include compliance with all applicable provisions be responsible for removing and restoring the same prior to the end of the FFA (as defined in Article 22)Term, including obligations imposed upon Sublessor in respect unless otherwise agreed to construction and construction related work.
(2) All alterations by Master Landlord. IDC shall be responsible for procuring the consent of such a character as not to materially reduce Master Landlord at IDC’s expense (including, without limitation, the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such planned alterations and restore the Premises upon termination of the Leasedescribed on Exhibit F). All work performed hereunder alterations, additions or improvements shall be performed made in a good and workmanlike mannerstrict conformity with, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDAsubject to, the United States of America applicable terms and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 conditions of the Master Lease.
10.4. In addition b. University and Master Landlord shall at all reasonable times have the right to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alterationinspect all alterations, Sublessee shall also provide notice to Air Force, EPA and NHDES additions or improvements in the same manner Sublease Premises (including without limitation any Alterations) and the construction thereof; provided that University and Master Landlord (to the extent so required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee ) shall comply with Condition 10.17 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 or for IDC.
c. IDC shall not permit any liens to encumber the Sublease Premises. During the construction of any alterations, additions or improvements, IDC shall maintain worker’s compensation and such other insurance as is required under the Master Lease or by Master Landlord.
d. Notwithstanding any provision to the same extent required contrary, if Master Landlord requires that IDC remove any Alteration, then IDC shall be responsible, at IDC’s sole expense, for the removal of Sublessor any such Alteration installed by IDC and PDAfor restoration of the Sublease Premises prior to end of the Sublease Term.
Appears in 2 contracts
Sources: Sublease Agreement (Immune Design Corp.), Sublease Agreement (Immune Design Corp.)
Alterations. 10.1. The Sublessee shall have Landlord agrees to install at Landlord’s cost and expense, the right to make or construct any cosmetic changes to improvements described in EXHIBIT C attached hereto (the Building or undertake changes or alterations “Improvements”), all of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed be and remain the $50,000 cost or include structural changes, or any changes which property of Landlord. Landlord shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all perform such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed diligently in a good and workmanlike manner, shall conform to drawings manner in substantial conformance with the plans and specifications attached as EXHIBIT C (including the drawings, schedules, specifications and AutoCAD Files referenced therein) or otherwise approved by Sublessor Tenant, and in accordance with all applicable governmental laws, rules, regulations and other requirements. Landlord will apply for and obtain all permits, licenses and certificates necessary for installation of the Improvement described in EXHIBIT C. All other improvements, alterations, additions, partitions, fixtures, removals and restoration to the Leased Premises (the “Tenant’s Improvements”) shall be installed at the cost and expense of Tenant (which cost shall be payable on demand as Rent to Landlord), but only if such improvements, alterations, partitions, fixtures, removals and/or restorations are: (i) approved in advance by Landlord in writing, which approval shall not be disruptive unreasonably withheld, conditioned or delayed; (ii) made in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord; (iii) performed in accordance with and in compliance with all governmental laws, ordinances, rules and regulations; (iv) made or performed only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld); and (v) performed in a good workmanlike manner and diligently prosecuted and so as not to damage the structure or structural qualities of the overall operation Building. Notwithstanding the foregoing, Tenant shall have the right, upon prior written notice to Landlord but without Landlord’s consent, to make any Tenant’s Improvements to the Leased Premises which do not affect the structure and the mechanical, electrical, plumbing and life safety systems of the AirportBuilding and do not exceed Twenty-Five Thousand and 00/100 Dollars ($25,000.00) in aggregate in any consecutive twelve (12) month period. All contractors engaged Tenant’s Improvements shall be and remain the property of Tenant during the Term of this Lease, provided, however, that, unless Landlord otherwise elects as hereinafter provided, all said Tenant’s Improvements shall, upon the expiration or termination of this Lease, or the earlier vacation of the Leased Premises, become and be deemed to be the property of Landlord and title thereto shall pass to Landlord under this Lease as by Sublessee a ▇▇▇▇ of sale without further act or deed on the part of Tenant and Tenant shall, at Landlord’s request, promptly execute and deliver such bills of sale or other documents or instruments as Landlord may deem necessary or desirable to perform such work evidence the foregoing. Notwithstanding anything to the contrary contained in the foregoing, Tenant shall employ labor that can work remove all Tenant’s Improvements (and any wiring and cabling or similar improvements installed by Tenant as part of the initial Improvements or as part of the initial Tenant’s Improvements) and restore the Leased Premises to its condition prior to the installation or construction thereof by the date of expiration of this Lease or in harmony with all elements the event of labor the earlier vacation of the Leased Premises or termination of this Lease, unless, at the Airport.
time of Landlord’s approval, or if Landlord’s approval is not required, at the time of original installation, Landlord agreed in writing that such removal was not required. Tenant shall, prior to any such construction or work, 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 costs thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other liens. Tenant hereby indemnifies and saves Landlord harmless from and against any and all loss, liability, damage, penalty, cost, expense or fee (3including, without limitation, court costs and reasonable attorneys’ fees) During incurred by or asserted against Landlord as a result of the period of construction existence or threat of any alterationlien against the Building, Sublessee Leased Premises or Property. At Landlord’s request, Tenant will notify any contractorcontractors, subcontractor subcontractors and materialmen performing work on, or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDAsupplying materials for, the United States Leased Premises that Tenant is not acting as the agent of America and Sublessee as named or additional insured (as is appropriate) Landlord in connection with any alteration permitted pursuant such work and/or shall post signs on the Leased Premises to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions that effect. All risk of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and loss with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under Tenant’s Improvements during the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises Term hereof shall be subject to Condition 17 the sole responsibility of the Master LeaseTenant.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)
Alterations. 10.1Tenant shall not make any alterations, additions or improvements to the Premises without the prior written consent of Landlord. The Sublessee Notwithstanding the foregoing, Tenant shall have the right to make install mechanical systems that are non-structural in nature for Tenant’s operations so long as Tenant obtains Landlord’s prior written approval of same and Tenant complies with all terms and conditions of this Paragraph 6. Additionally, Tenant shall remove such mechanical systems at the expiration or construct any cosmetic changes to the Building or undertake changes or alterations earlier termination of the non- structural portions Lease and restore the Premises to their original condition if Landlord informs Tenant at any time during the term of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor Lease of such alterationsthis requirement. Any non-cosmetic changes alterations, additions or alterations which improvements performed by Tenant shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent be in accordance with all of the Sublessor, which shall not terms and conditions of this Paragraph 6. All work to be unreasonably delayed or withheld following written notice performed by the Sublessee. Any request for Sublessor's consent Tenant under this Paragraph 6 shall be accompanied performed in accordance with plans and specifications approved in advance by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, Landlord and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental codes, rules, regulations, codes, standards 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 requirementsliens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (including fireattorneys’ fees and court costs), safety losses, expenses, damages and building codes and Land Use Regulations promulgated by PDA and other liabilities arising out of or in connection with the provisions work performed in accordance with this Paragraph. 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 alter the basic character of Article 22 the Premises or the building and/or improvements of this Sublease. This obligation shall include compliance which the Premises arc a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable provisions 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 FFA (as defined in Article 22)date of termination of this Lease or vacating the Premises, including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations at which time Tenant shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)to their original condition. All work performed hereunder alterations, installations, removals and restoration shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee manner so as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld damage or delayed. Sublessee shall submit drawings of proposed signs and information on alter the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall primary structure and architectural and aesthetic setting or structural qualities of the Building and other improvements situated on the Airport as well as with PDA's own land use control regulations and may approve Premises or disapprove accordinglyof which the Premises are a part.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Lease Agreement, Commercial Lease Agreement (Power Solutions International, Inc.)
Alterations. 10.1. The Sublessee shall have the right to make or construct any cosmetic changes All improvements to the Building leased premises 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 undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's by contractors and subcontractors approved in writing by Landlord (which approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed withheld). In connection with any request for an approval of alterations by Tenant, Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord elects at the time of approval or withheld following written notice otherwise elects as hereinafter provided, remove all alterations, improvements and partitions erected by Tenant and restore the leased premises to its original condition by the Sublesseedate 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 become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the leased premises and title shall pass to Landlord under this Lease as by a b▇▇▇ of sale. Any request for Sublessor's consent All such removals and restoration shall be accompanied accomplished in a good workmanlike manner by preliminary engineering or architectural plans or, if consented to contractors approved in writing by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character Landlord so as not to materially reduce damage the value and usefulness of any primary structure or structural qualities of the Building 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 costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airportliens.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right to make no alterations, installations, additions or construct any cosmetic changes improvements (herein collectively called "Alterations") in or to the Building Demised Premises or undertake changes the Building, structural or alterations of the non- structural portions of the Building or Premisesotherwise, costing less than $50,000 without obtaining SublessorLandlord's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessorprior written consent, which shall not be unreasonably delayed withheld, conditioned or withheld following delayed. If any such Alterations are made without the prior written notice by consent of Landlord, Landlord may correct or remove the Sublessee. Any request for Sublessor's consent same, and Tenant shall be accompanied liable for any and all expenses incurred by preliminary engineering 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 architectural plans ormechanics as are approved in writing by Landlord. Such approval shall not be unreasonably withheld, if consented 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 the Sublessor, working drawingsLandlord and Tenant. The consent Upon expiration of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted Lease, Tenant shall have no obligation to remove, modify or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of alter any of the Building initial alterations described in Exhibit D attached. Landlord, at the expiration of the Term or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes any renewal or extension thereof, may elect to require Tenant to remove such alterations and restore the Premises upon termination all or any part of the LeaseAlterations (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, shall perform or provide the renovations to the Demised Premises as more fully described on Exhibit D (the renovations therein described being referred to herein as the “Initial Alterations”). All work performed hereunder Landlord's architect shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive perform all of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) architectural services required in connection with the construction of the Initial Alterations. Landlord shall require the use of building standard finishes for the Initial Alterations. Landlord shall be responsible for obtaining all necessary permits for occupancy. Landlord shall have no liability for any alteration permitted pursuant delay in delivering the Demised Premises due to contractor delay. Upon substantial completion of the Initial Alterations as reasonably determined by Landlord’s architect, this Article 10.
(ii) Fire Lease shall commence and Tenant shall have the right to occupy the Demised Premises. “Substantial Completion” of the Initial Alterations shall be the date reasonably determined by Landlord that the Initial Alterations has been performed, other than any details of construction, mechanical adjustment or any other applicable insurance provided for in Article 7 matter, the non-completion of which if does not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections materially interfere with the work ability of Tenant to commence beneficial use and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws occupancy of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3Premises. Notwithstanding any other provision of in this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required contrary, in the event Landlord is delayed in the substantial completion of Sublessor the Initial Alterations by reason of any Tenant Caused Delay, then and PDA.in such event the Lease Commencement Date shall be the date which Landlord’s architect reasonably determines that the Initial Alterations would have been substantially completed in the absence of the Tenant Caused Delay. For purposes hereof, a Tenant Caused Delay shall be defined as follows:
Appears in 2 contracts
Sources: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)
Alterations. 10.1. The Sublessee shall have Any and all alterations, additions and/or improvements, except trade fixtures, installed at the right to make or construct any cosmetic changes to the Building or undertake changes or alterations expense of the non- structural portions Lessee shall become the property of the Building or PremisesLessor and shall remain upon and shall be surrendered with the leased Premises as a part thereof on the termination of this lease. Such alterations, costing less than $50,000 without obtaining Sublessor's additions, and improvements may only be made with the prior written consent and approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the SublessorLessor, which shall not be unreasonably delayed or withheld following written notice withhold said consent. If consent is granted by the SublesseeLessor 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. Any request for Sublessor's consent No cooling tower, equipment, or structure of any kind shall be accompanied by preliminary engineering placed on the roof or architectural plans or, if consented to elsewhere on the leased premises by the Sublessor, working drawings. The consent Lessee without prior written permission of the Sublessor will be deemed granted if not withheld within 15 days after request thereofLessor. If such consents are granted or deemed permission is granted, all such work or installation shall be done at Sublesseethe Lessee's sole cost, expense and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as manner that the roof shall not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes be damaged thereby. If it becomes necessary to remove such alterations cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and restore reinstall the Premises upon 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 Lease)roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its expense, any damages resulting from such removal. At the termination of this lease, Lessee shall deliver the leased Premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be repaired at the Lessee's expense prior to the expiration of the lease term. All work performed hereunder alterations, improvements, additions and repairs made by the Lessee shall be performed made in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Triple Net Lease Agreement, Triple Net Lease Agreement
Alterations. 10.1. The Sublessee Tenant shall have not, without the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessorprior written consent, which consent shall not be unreasonably delayed withheld, of Landlord in each instance, make any alterations, improvements, or withheld following written notice by additions to the SublesseePremises. Any request Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for Sublessor's consent shall be accompanied by preliminary engineering such alterations, improvements, or architectural 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 or, if consented to by the Sublessor, working drawingsand specifications for such work and permits necessary for such work. The consent of work necessary to make any alterations, improvements, or additions to the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work Premises shall be done at SublesseeTenant's sole costexpense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may hire its own contractors to install mill work, telecommunications equipment and food service equipment in the Premises. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the 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 subject expenses related to the following covenants.
(1) such work. All work and alterations 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 all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined Section 6 unless Landlord has advised Tenant in Article 22), including obligations imposed upon Sublessor in respect writing prior to construction and construction related work.
(2) All alterations shall be installation of such a character as not alteration, improvement or addition that Landlord's consent to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes installation is conditioned upon Tenant's agreement to remove such alterations and restore the Premises same upon expiration or termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Alterations. 10.1. The Sublessee After initial completion of any work to be done by T▇▇▇▇▇ as provided in Article VI, Tenant shall have the right to make not alter or construct any cosmetic changes add to the Building Premises, except in accordance with written consent from Landlord, which Landlord agrees not unreasonably to withhold as to alterations or undertake changes or alterations additions which (i) are not visible from the exterior of the non- structural portions Premises and (ii) do not affect the structure or any mechanical, electrical or plumbing system of the Building or Premises, costing less than $50,000 without obtaining SublessorBuilding. T▇▇▇▇▇'s approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or work as described in Article VI and all other alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice made by the Sublessee. Any request for Sublessor's consent Tenant shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done made in compliance accordance with all applicable governmental regulationslaws, codesin a good and first-class workmanlike manner and in accordance with the requirements of Landlord's insurers and T▇▇▇▇▇'s insurers. Without limitation, standards or said T▇▇▇▇▇'s work as described in Article VI and all other requirements, including fire, safety and building codes and Land Use Regulations promulgated alterations made by PDA and Tenant shall be performed in accordance with the provisions of this Article 22 IV and of this SubleaseArticle VI. This obligation shall include compliance with all applicable provisions Any contractor or other person undertaking any alterations of the FFA (as defined in Article 22), including obligations imposed upon Sublessor 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 to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)Premises. All work performed hereunder by T▇▇▇▇▇ in the Premises shall remain therein (unless Landlord directs Tenant to remove the same on termination) and, at termination, shall be performed 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 provided that Tenant is not then in default hereunder. Until such time as any such default is cured, Landlord shall have a good security interest in such trade furniture and workmanlike mannerequipment. Tenant agrees to repair any and all damage to the Premises resulting from such removal (including removal of T▇▇▇▇▇'s improvements directed by L▇▇▇▇▇▇▇) or, shall conform if Landlord so elects, to drawings and specifications approved by Sublessor and shall not be disruptive of pay Landlord for the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction cost of any alterationsuch repairs forthwith after billing therefor. Notwithstanding the foregoing, Sublessee Tenant may, without Landlord’s prior consent or approval, make cosmetic alterations (i.e., any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability interior alterations that are non-structural and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if do not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of affect the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglysystems) that do not exceed $10,000 per project.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Office Lease (Paratek Pharmaceuticals, Inc.), Office Lease (Paratek Pharmaceuticals, Inc.)
Alterations. 10.1Tenant will not make any alterations, installations, changes, ----------- replacements, additions, or improvements, structural or otherwise, in or to the Demised Premises, or any part thereof, without the prior written consent of Landlord. The Sublessee All alterations, installations, changes, replacements, additions, or improvements upon the Demised Premises whether with or without Landlord's consent will, unless Landlord elects otherwise, become the property of Landlord, without cost to Landlord, and will remain upon and be surrendered with the Demised Premises at the expiration of the Lease, without disturbances, molestation or injury. In the event Landlord shall elect otherwise, then such alterations, installations, changes, replacements, additions to, or improvements upon the Demised Premises, will be removed by Tenant upon termination of this Lease or upon termination of any renewal period hereof and Tenant agrees to and will restore Demised Premises to the original condition, which shall be defined as the condition and the design of the space at time of acceptance of the space by Tenant, at Tenant's sole cost and expense, on or before the expiration of the term of 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 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. It is further agreed that Landlord shall have the right to make or construct enter leased area at any cosmetic changes reasonable time with a minimum of inconvenience to Tenant for the Building or undertake changes or alterations purpose of the non- structural portions of the Building or Premisescompleting, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changesmodifying, or any changes which shall involve changes to the mechanical maintaining space above, below or HVAC systems, shall require the consent alongside of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenantsspace.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Office Lease (Cais Internet Inc), Office Lease (Cais Internet Inc)
Alterations. 10.1. The Sublessee Tenant shall have not make any alterations to the right Premises, or to make or construct the Project, including any cosmetic changes to the Building or undertake changes or alterations existing landscaping, without Landlord's prior written consent. If Landlord gives its consent to alterations, Landlord may post notices in accordance with the laws of the non- structural portions 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 30 days after expiration of the Building term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, costing less than $50,000 without obtaining Sublessor's approval provided that Tenant shall contract with a contractor approved by Landlord for the Sublessee shall notify the Sublessor construction of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, secure all such work shall be done at Sublessee's sole costappropriate governmental approvals and permits, and subject to the following covenants.
(1) All work and shall complete such alterations shall be done with due diligence in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety plans and building codes and Land Use Regulations promulgated specifications approved by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)Landlord. All work performed hereunder such construction shall be performed in a good and workmanlike manner, manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall conform to drawings and specifications approved by Sublessor pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics' liens which may result from construction by Tenant. Tenant shall not be disruptive use any portion of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) common areas in connection with any an alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving without the prior written approval consent of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglyLandlord.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Lease Agreement (Helix Biomedix Inc), Lease Agreement (Helix Biomedix Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right to make no additions, changes, alterations or construct any cosmetic changes improvements ("Work") to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, Premises or any changes which shall involve changes electrical, mechanical or fire protection facilities pertaining to the mechanical or HVAC systems, shall require Premises without the prior written consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the SublesseeLandlord. Any request for Sublessor's consent All Work shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at SublesseeTenant's sole cost, cost and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, manner and all materials used shall conform be of a quality comparable to drawings those in the Premises and the Building and shall be in accordance with plans and specifications approved by Sublessor 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 disruptive deemed a warranty as to the adequacy of the overall operation 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 AirportBuilding shall remain in an be surrendered with the Premises as a part thereof at the expiration or sooner termination of this Lease. All contractors engaged by Sublessee to perform such work Tenant shall employ labor that can work in harmony comply with all elements of labor at the Airport.
(3) During the period of construction of any alterationapplicable laws, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability codes and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) regulations in connection with any alteration permitted pursuant to this Article 10all Work.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Office Lease Agreement (Edgar Online Inc), Office Lease Agreement (Edgar Online Inc)
Alterations. 10.1A. Landlord's Consent and Conditions. The Sublessee Tenant shall have the right to not --------------------------------- make any improvements or construct any cosmetic changes alterations to the Building or undertake changes or alterations of Premises (the non- structural portions of "Work") without in ---- each instance submitting plans and specifications for the Building or PremisesWork to Landlord and obtaining Landlord's prior written consent, costing unless (a) the cost thereof is less than $50,000 without obtaining Sublessor's approval provided that 20.000, (b) such Work does not impact the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes base structural components or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent systems of the SublessorBuilding, which (c) such Work will not impact any other tenant's premises, and (d) such Work is not visible from outside the Premises. However, even if Landlord's prior written consent is not required Tenant shall not be unreasonably delayed or withheld following provide Landlord with prior written notice by at least five (5) days in advance of commencing the SublesseeWork so that Landlord may post and record a notice of nonresponsibility or other notices deemed appropriate before the commencement or such Work. Any request for SublessorTenant shall pay Landlord's consent shall be accompanied by preliminary engineering or architectural plans oractual out-of-pocket costs incurred, if consented to any, for the review of all of the plans and all other items submitted by Tenant. Tenant shall pay for the Sublessorcost of all Work, working drawingsincluding the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. The consent following requirements shall apply to all Work:
(i) Prior to commencement, Tenant shall furnish to Landlord building permits, certificates of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole costinsurance satisfactory to Landlord, and subject to the following covenantsfor any Work costing in excess of $20.000, at Landlord's request, security for payment of all costs.
(1ii) All 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 and alterations shall to be done performed or services to be rendered in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related workProject.
(2iii) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder The Work shall be performed in a good and workmanlike manner, shall conform to drawings meeting the standard for construction and specifications approved by Sublessor quality of materials in the Building, and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony comply with all elements 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 labor at the AirportLandlord in response to complaints from other tenants.
(3v) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee Tenant shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for perform all Work in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection compliance with any alteration permitted pursuant 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 this Article 10the Work.
(iivi) Fire and any other applicable insurance provided for in Article 7 which if Tenant shall permit Landlord to supervise all Work. Landlord may charge a supervisory fee not then covered under the provisions to exceed fifteen percent (15%) of existing policies shall be covered by special endorsement thereto in respect to any alterationlabor, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundationsmaterial, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws other costs of the State of New HampshireWork, if Landlord's employees or contractors perform the Work.
(4vii) Sublessee Upon completion, Tenant shall provide Sublessor furnish Landlord with contractor's affidavits and PDA with MYLAR full and final statutory waivers of liens, as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect plans and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, typespecifications, and locationreceipted bills covering all labor and materials, and all of which Sublessor and PDA may review for harmony and conformity with other close-out documentation related to the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding Work, including any other provision of this Subleaseinformation required under any "Policies, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall Rules and Procedures for Construction Projects" which may be subject to Condition 17 of the Master Leasein effect at such time.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Alterations. 10.1The Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. The Sublessee Any alterations, improvements or additions in or about the Demised Premises that Tenant shall have the right desire to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work Tenant shall be done at Sublessee's sole cost, and further subject to the following covenants.following:
(1a) All work Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction;
(b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent;
(c) Any alterations shall be done made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with all applicable laws and governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions ;
(d) The cost of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce paid by Tenant so that the value and usefulness Demised Premises remains free of any liens;
(e) If requested by Landlord, post with Landlord adequate security to assure restoration of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore premises at the Premises upon termination end of the Lease). All work performed hereunder Term;
(f) Tenant shall maintain proper insurance as required by Landlord;
(g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property;
(h) No permitted alteration shall be performed undertaken until detailed Plans and Specifications have first been submitted to and approved in a good writing by Landlord, and workmanlike mannerif required, by the fee mortgagee or ground lessee. The Tenant shall conform to drawings be responsible for paying any of Landlord's fees in reviewing the Plans and specifications approved by Sublessor and shall not be disruptive Specifications. At the completion of the overall operation of the Airport. All contractors engaged by Sublessee alteration or restoration, "as-built" plans shall be delivered to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:Landlord;
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be maintained for removed by the limits specified thereunder and shall provide coverage for Tenant thirty (30) days prior to the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws termination of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building Term and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Demised Premises shall be subject restored to Condition 17 its condition prior to such alteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Master LeaseTerm if Landlord elects to have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and the Demised Premises restored.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)
Alterations. 10.1. The Sublessee Tenant shall have the right to make no alterations, additions or construct any cosmetic changes improvements to the Building Premises (including, without limitation, roof and wall penetrations) or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 any part thereof without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord in each instance, which consent shall not be unreasonably delayed withheld, conditioned or withheld following written notice delayed. Landlord may impose as a condition to such consent such requirements as Landlord may reasonably deem necessary, including, without limitation that: (a) Landlord be furnished with working drawings before work commences; (b) performance and labor and material payment bonds in form and amount and issued by a company satisfactory to Landlord be furnished; (c) Landlord approve the Sublessee. Any request for Sublessorcontractor by whom the work is to be performed; (d) adequate course of construction and general liability insurance be in place and Landlord be named as an additional insured under the contractor's consent liability and property insurance policies; and (e) Landlord's instructions relating to the manner in which the work is to be performed and the times during which it is to be accomplished shall be accompanied complied with. Tenant shall pay to Landlord all costs incurred by preliminary engineering Landlord for any architectural, engineering, supervisory or architectural plans orlegal services in connection with any alterations, if consented to by the Sublessoradditions or improvements, working drawings. The consent including, without limitation, Landlord's review of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed grantedplans, all such work shall be done at Sublessee's sole cost, specifications and subject budget for purposes of determining whether to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)consent. All work performed hereunder shall such alterations, additions or improvements must be performed in a good and workmanlike mannermanner in compliance with all laws, rules and regulations, including, without limitation, the Americans with Disabilities Act of 1990, and diligently prosecuted to completion. Tenant shall conform deliver to drawings and specifications approved by Sublessor and shall not be disruptive Landlord upon commencement of such work, a copy of the overall operation building permit with respect thereto, and a certificate of occupancy or other final inspection and approval from the applicable governmental authority having jurisdiction over the Premises and the Project, if applicable, immediately upon completion of the Airportwork. All contractors engaged by Sublessee to perform such work shall employ labor that can be performed so as not to obstruct the access to the premises of any other tenant in the Building or Project. Should Tenant make any alterations, additions or improvements without Landlord's prior written consent, or without satisfaction of any of the conditions established by Landlord in conjunction with granting such consent, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove all or some of the alterations, additions or improvements at Tenant's sole cost and restore the Premises to the same condition as existed prior to undertaking the alterations, additions or improvements, or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be performed at Tenant's expense and the cost thereof shall be Additional Rent to be paid by Tenant immediately upon demand. Landlord shall have the right to require Tenant, at Tenant's expense, to remove any and all alterations, additions or improvements and to restore the Premises to its prior condition upon the expiration or sooner termination of this Lease. Tenant shall notify Landlord in writing at least ten (10) days prior to the commencement of any such work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundationsPremises, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with Landlord shall have the work right at any time and with respect from time to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect time to post and maintain suitable monument and on Building back lit signs at notices of non-responsibility in or about the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not pursuant to be unreasonably withheld or delayedapplicable laws. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly8.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement, Standard Industrial Lease Agreement (Intest Corp)
Alterations. 10.1Tenant will not make any modifications, improvements, alterations, additions or 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 Landlord's prior written consent, which consent will not be unreasonably withheld. The Sublessee shall Tenant will notify Landlord prior to making any modifications, improvements, alterations, additions or installations in or to the Premises (referred to in this section as the "work"), regardless of whether Landlord's consent is required in connection with such work. Along with any request for Landlord's consent and at least 15 days before commencement of any work or delivery of any materials to be used in any work to 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 make post notices of non-responsibility or construct similar notices on the Premises in order to protect the Premises against any cosmetic changes 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 Building cost of all such work, and also the cost of painting, restoring or undertake changes or alterations repairing the Premises occasioned by such work. Upon completion of the non- structural portions 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, Tenant will also provide Landlord with as-built plans and specifications of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of Premises as altered by such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall will comply with all insurance requirements and all applicable Laws (including, without limitation, the ADA) and will be performed constructed in a good and workmanlike manner, shall conform using materials of first-class quality and free and clear of all liens or claims therefor. Tenant will permit Landlord to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of inspect construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) operations in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk buildersuch work. Landlord's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDAany 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 of Sublessor not will merely constitute Landlord's consent to be unreasonably withheld construct or delayed. Sublessee shall submit drawings of proposed signs and information on install the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES same in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDAPremises.
Appears in 2 contracts
Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)
Alterations. 10.1. The Sublessee shall have the right to You agree that you will not make any alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises (including, without limitation, the non- structural portions of roof and wall penetrations) without the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which consent, as to interior, nonstructural alterations, shall not be unreasonably withheld, delayed or withheld following written notice conditioned. If Landlord shall consent to any alterations, additions or improvements proposed by you, you shall construct the Sublesseesame in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and your insurance policies and only in accordance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans orYou may, if consented to by without the Sublessor, working drawings. The consent of Landlord, but at your own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as you may deem advisable, without altering the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted basic character of the Building and without overloading the floor or deemed granted, all such work shall be done at Sublessee's sole costdamaging the Building, and subject to the following covenants.
(1) All work and alterations shall be done in compliance each case after complying with all applicable governmental regulationslaws, codesordinances, standards or regulations and other requirements. All shelves, including firebins, safety machinery and building codes and Land Use Regulations promulgated trade fixtures installed by PDA and with you may be removed by you prior to the provisions of Article 22 termination of this Sublease. This obligation Lease if you so elect, and shall include compliance with all applicable provisions be removed by the date of termination of this Lease or upon earlier vacating of the FFA (as defined in Article 22), including obligations imposed Premises if required by Landlord and upon Sublessor in respect any such removal you agree to construction repair any damage to the Premises caused by such removal. All such removals and construction related work.
(2) All alterations restoration shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed accomplished in a good and workmanlike manner, shall conform manner so as not to drawings and specifications approved by Sublessor and shall not be disruptive damage the primary structure or structural quality of the overall operation Building. Notwithstanding the foregoing, you may make without Landlord's prior consent but only after written notice to Landlord, non-structural alterations which do not require the issuance of a building permit. As to any alteration that does not require Landlord's consent, you will provide Landlord with advance notification of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws making of the State of New Hampshirealteration.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1Landlord acknowledges that the development / redevelopment of each respective Phase may entail or require the demolition of certain currently existing Buildings upon the Premises. The Sublessee Except for Building No. 1 on Phase I of the Premises, Landlord hereby recognizes and consents to the right of the Tenant to, upon delivery and acceptance by Tenant of possession of the Premises (except any portion thereof as may be retained by Landlord under the terms hereof) demolish any such existing Buildings pursuant to approved Final Plans therefor --- subject to those same requirements, conditions, and representations by Tenant as would be applicable under Section 9 for new construction. Once developed / redeveloped, Tenant shall have the right at any time, with respect to any completed Phase, to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural , changes, or any changes which shall involve changes improvements in or to the mechanical or HVAC systems, shall require the consent interior of any Building(s) of the Sublessorcompleted Phase as Tenant may deem necessary in the operation of the Premises; provided always, that no work done by Tenant shall materially and adversely affect the structural strength of any such Building(s) without the written approval of Landlord. However, Tenant shall not make any exterior or structural alterations to any developed / redeveloped Building upon any Phase, without Landlord's written consent, which consent shall not be unreasonably delayed withheld, conditioned, or withheld following written notice delayed, as long as said alterations or improvements will not materially diminish the value of the Phase and are, in general, architecturally harmonious with the remainder of the previously completed Phases of the Premises or the conceptual plans therefor as referenced earlier in this Lease. If Landlord’s consent is required pursuant to this Section 13, Landlord shall have ten (10) business days after receipt of Tenant's plans to notify Tenant in writing whether Landlord approves or disapproves said plans. If Landlord disapproves Tenant's plans, Landlord shall set forth with specificity and detail the objections it has to the same, and the changes that are needed to make such work acceptable to Landlord. If Landlord fails to respond within the required time, Landlord will be conclusively deemed to have approved Tenant's plans therefor. For purposes of any plan review of and approval by Landlord for any such alterations, changes, or improvements, such review may be made and approval may be given therefor on behalf of the Landlord (whether or not such review and approval involves a material deviation from any previous submittals of Tenant) by the SublesseeExecutive Director from time to time of the Landlord or his or her designee unless said approval is either a legal requirement for Landlord, or unless Tenant requests, or the Executive Director elects, to have such approval instead made by the Board of Trustees of the Landlord, in which case the request for approval shall thereafter be considered and determined as soon as reasonably possible by the Board of Trustees of the Landlord. Any request for Sublessor's consent shall be accompanied alterations made by preliminary engineering or architectural plans or, if consented Tenant to by the Sublessor, working drawings. The consent any Phase of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents Premises which are granted or deemed granted, all such work permanently attached to and made a part thereof shall be done at Sublessee's sole cost, have the title thereto and any deductions and/or credits applicable thereto treated in the same fashion and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related workSection 11.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement
Alterations. 10.1. The Sublessee Tenant shall have the right to not make or construct allow to be made any cosmetic changes alterations, installations, additions or improvements in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without Landlord's prior written consent. Such consent by Landlord will not be unreasonably withheld or delayed for interior, nonstructural alterations to the Premises that do not require modifications to the Building HVAC or undertake changes other systems. All alterations, installations, additions or alterations improvements, other than movable furniture, wall systems, equipment, and trade fixtures, made by Tenant to the Premises shall remain upon and be surrendered with the Premises and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the non- structural portions Premises; provided, however, that Landlord may require Tenant, at Tenant's cost, to remove any or all of such items made by Tenant that are not Building Standard upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Building Premises. Tenant, at its sole cost and prior to the expiration or Premisestermination of this Lease, costing less than $50,000 without obtaining Sublessorshall remove all of Tenant's approval provided that property from the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changesPremises and make, or any changes which shall involve changes reimburse Landlord for the cost of all repairs to the mechanical Premises and/or Project for damage resulting from such removal. Tenant is not required, however, to remove any Initial Tenant Improvements or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice any subsequent alterations approved by the SublesseeLandlord. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such All work shall be done at Sublessee's sole cost, completed promptly and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 manner and shall be maintained for the limits specified thereunder performed in such a manner that no mechanic's, materialman's or other similar liens shall attach to Tenant's leasehold estate, and in no event shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, onTenant permit, or about the Subleased Premises ( including excavationsbe authorized to permit, foundationsany such liens or other claims to be asserted against Landlord or Landlord's rights, estate and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and interests with respect to whom death the Project or bodily injury claims could be asserted against PDAthis Lease. If the cost of any alterations, Sublessorinstallations, Sublessee additions or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition improvements to the requirements Premises exceeds $5,000.00, Landlord may require, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to provide notice the estimated cost of such improvements, additions or alterations Tenant proposes to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES make in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDAPremises.
Appears in 1 contract
Sources: Lease Agreement (Eloyalty Corp)
Alterations. 10.1Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. The Sublessee Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, 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 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, provided that Tenant shall have the right to make or construct any cosmetic approve their changes to before commencing the Building or undertake changes or alterations of work. Tenant shall obtain all required permits for the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done perform the work in compliance with all applicable governmental regulationslaws, codesregulations and ordinances, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with Landlord shall be entitled to a supervision fee in the provisions amount of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions five percent (5%) of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction and construction related work.
(2) All alterations materials into the Premises. Any request for Landlord's consent shall be of such a character as not made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to materially reduce the value and usefulness of any of the Building Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes affixed to remove such alterations and restore the Premises upon termination (excluding moveable trade fixtures and furniture) shall become the property of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 Landlord and shall be maintained for surrendered with the limits specified thereunder 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 shall provide coverage for the mutual benefit like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of Sublessorthe initial build-out pursuant to Exhibit X, PDAif any, if and only if the United States improvement is a non-building standard item and Tenant is notified in writing of America and Sublessee the requirement prior to the build-out. Except as named otherwise provided in this Lease or additional insured (as is appropriate) in connection with any Exhibit to this Lease, should Landlord make any alteration permitted pursuant or improvement to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions Premises at the request of existing policies Tenant, Landlord shall be covered by special endorsement thereto in respect entitled to any alteration, including prompt reimbursement from Tenant for all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshirecosts incurred.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Office Space Lease (Netratings Inc)
Alterations. 10.1. The Sublessee TENANT shall have the right to not make or construct any cosmetic changes alterations, improvements and/or additions to the Building or undertake changes or alterations of Demised Premises without first obtaining, in each instance, the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the written consent of the SublessorLANDLORD, which shall consent LANDLORD agrees will not be unreasonably delayed withheld, conditioned or withheld following delayed. LANDLORD shall reply in writing within fifteen (15) days of TENANT’S written notice by the Sublessee. Any request for Sublessor's consent to make any such alterations, improvements and/or additions or such request shall be accompanied by preliminary engineering or architectural plans ordeemed approved hereunder. All alterations, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work improvements and/or additions shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done made in compliance accordance with all applicable governmental regulationslaws, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22)ordinances, including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner. Any and all alterations, additions and improvements, which may be made or installed by TENANT upon the Demised Premises and which in any manner are attached to the floors, walls or ceilings (including, without limitation, any linoleum or other floor covering of similar character which may be cemented or otherwise adhesively affixed to the floor) shall conform to drawings and specifications approved by Sublessor and shall not be disruptive remain upon the Demised Premises at the expiration or earlier termination of this Lease or, at the option of the overall operation LANDLORD, be removed from the Demised Premises. However, the usual trade fixtures and furniture which may be installed in the Demised Premises prior to or during the term hereof at the cost of TENANT may be removed by TENANT from the Demised Premises upon the expiration or earlier termination of this Lease. Further, subject to reasonable wear and tear, TENANT covenants and agrees, at its own cost and expense, to repair any and all damage to the Demised Premises resulting from or caused by such removal or the removal of all items and materials designated by LANDLORD, LANDLORD shall, upon approving any alterations, improvements and/or additions requested by TENANT, advise TENANT at the time of giving such approval, as to whether the LANDLORD will require such alterations, improvements and/or additions to be removed upon expiration of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease (Durata Therapeutics, Inc.)
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes improvements to the Building Premises without the prior written consent of Landlord; provided, however, that Landlord shall not unreasonably withhold its consent to interior, non-structural alterations that cost fewer than $10,000.00 to perform and do not involve roof or undertake changes or wall alterations. Landlord hereby approves Tenant’s racking plan attached hereto as Exhibit “B” provided that Tenant obtains all requisite municipal approvals therefor. Any alterations performed by Tenant shall be in accordance with all of the non- structural portions terms and conditions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterationsthis Paragraph 6. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes All work to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice performed by the Sublessee. Any request for Sublessor's consent Tenant under this Paragraph 6 shall be accompanied performed in accordance with plans and specifications approved in advance by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, Landlord and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental codes, rules, regulations, codes, standards 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 requirementsliens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all costs (including fireattorneys’ fees and court costs), safety losses, expenses, damages and building codes and Land Use Regulations promulgated by PDA and other liabilities arising out of or in connection with the provisions work performed in accordance with this Paragraph. 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 alter the basic character of Article 22 the Premises or the Building and/or improvements of this Sublease. This obligation shall include compliance which the Premises are a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable provisions 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 FFA (as defined in Article 22)date of termination of this Lease or vacating the Premises, including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations at which time Tenant shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)to their original condition. All work performed hereunder alterations, installations, removals and restoration shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee manner so as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld damage or delayed. Sublessee shall submit drawings of proposed signs and information on alter the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall primary structure and architectural and aesthetic setting or structural qualities of the Building and other improvements situated on the Airport as well as with PDA's own land use control regulations and may approve Premises or disapprove accordinglyof which the Premises are a part.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have not make, without the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which shall will not be unreasonably delayed withheld, any alterations, additions or withheld following written notice by improvements to the SublesseePremises. Any request for SublessorLandlord's decision to refuse such consent shall be accompanied by preliminary engineering conclusive. If Landlord consents to such alterations, additions or architectural plans orimprovements, if consented to by the Sublessor, working drawings. The consent before commencement of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If 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 (iv) instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such consents are granted or deemed grantedwork, 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, additions and improvements shall be' installed in a good, workmanlike manner and only new, high-grade materials shall be used. All such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards only by contractors or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications mechanics approved by Sublessor Landlord and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 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 the Master Lease.
10.4Premises. In addition Before commencing any to the requirements Building, including the Premises, occasioned by such alterations, additions and improvements 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 connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to provide notice supervise construction operations in connection with the foregoing work if Landlord requests to Sublessor do so. Tenant shall pay the cost of all such alterations, additions and PDA under this Article 10 improvements, as well as the cost of decorating and repairing any damage, 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 furnish Landlord with contractors' affidavits in respect to any alterationform required by law, Sublessee shall also provide notice to Air Forceand full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, EPA additions and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee improvements shall comply with Condition 10.17 all insurance requirements and with all city and county ordinances and regulations and with the requirements of the Master Lease to the same extent required of Sublessor all state and PDAfederal statutes and regulations.
Appears in 1 contract
Alterations. 10.1. The Sublessee (a) Tenant shall have the right to make or construct any cosmetic changes to the Building or undertake no improvements, changes or alterations of the non- structural portions of the Building in or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessordemised premises ("Alterations") without Landlord's prior approval, which approval may be given or withheld in Landlord’s sole and absolute discretion; provided, however, with respect to decorative alterations (such as painting and carpeting), Landlord’s consent shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenantswithheld.
(1b) If an Alteration is approved, Tenant, in connection with such Alteration, shall comply with any and all rules and regulations as may be from time to time established by Landlord. Tenant shall not proceed with any Alteration unless and until Landlord approves Tenant's plans and specifications therefor. Any review or approval by Landlord of plans and specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty to Tenant with respect to the adequacy, correctness or efficiency thereof, its compliance with Laws (as hereafter defined) or otherwise. All work plans and alterations specification shall be done on auto CAD or other method of presentation selected by Landlord and shall show, among other things, the exact location of all conduits, wires and cabling, all of which shall be properly labeled.
(c) Tenant shall pay to Landlord upon demand Landlord’s reasonable actual out of pocket costs and expenses (including, without limitation, the reasonable fees of any architect or engineer employed by Landlord or any Superior Lessor or Superior Mortgagee for such purpose) for reviewing plans and specifications and inspecting Alterations.
(d) Tenant shall obtain (and furnish copies to Landlord of) all necessary governmental permits and certificates for the performance of Alterations and for final approval thereof upon completion, and shall cause Alterations to be performed in compliance therewith, and in compliance with all applicable governmental regulationsLaws and, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Subleaseplans and specifications approved by Landlord. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations Alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be diligently performed in a good and workmanlike workerlike manner, using new materials and equipment at least equal in quality and class to the then standards for the Building. All Alterations shall conform to drawings be performed by architects, engineers and specifications contractor(s) first approved by Sublessor Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). The performance of any Alteration shall not be done in a manner which would violate Landlord’s union contracts affecting the Project, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any material interference with the business of Landlord or any tenant or occupant of the Building. Tenant shall immediately stop the performance of any Alteration if Landlord notifies Tenant that continuing such Alteration would violate Landlord’s union contracts affecting the Project, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any material interference with the business of Landlord or any tenant or occupant of the Building. Tenant shall not resume the performance of such Alteration until such time as such Alteration may be performed in a manner which shall not violate such union contracts or create such work stoppage, picketing, labor disruption, disharmony or dispute or interference.
(e) During the performance of Alterations, Tenant shall carry worker’s compensation insurance in statutory limits, “all risk” Builders Risk coverage and general liability insurance, with completed operation endorsement, for any occurrence in or about the Project, under which Landlord and its agent and any Superior Lessor and Superior Mortgagee whose name and address have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with evidence that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations.
(f) Should any mechanics’ or other liens be filed against any portion of the Project by reason of the acts or omissions of, or because of a claim against, Tenant or anyone claiming under or through Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within 30 days after notice (but in all events prior to the expiration or early termination of the Term if such date is earlier than 30 days after notice). If Tenant shall fail to cancel or discharge said lien or liens within said 30 day period, Landlord may cancel or discharge the same and, upon Landlord’s demand, Tenant shall reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, together with interest thereon at the Interest Rate from the date incurred by Landlord to the date of payment by Tenant, such reimbursement to be made within ten (10) Business Days after receipt by Tenant of a written statement from Landlord as to the amount of such costs. Tenant shall indemnify and hold Landlord harmless from and against all costs (including, without limitation, attorneys’ fees and disbursements and costs of suit), losses, liabilities or causes of action arising out of or relating to any Alteration, including, without limitation, any mechanics’ or other liens asserted in connection with such Alteration.
(g) Tenant shall deliver to Landlord, within 30 days after the completion of an Alteration, “as-built” drawings thereof, if any. During the Term, Tenant shall keep records of Alterations, including plans and specifications, copies of contracts, invoices, evidence of payment and all other records customarily maintained in the real estate business relating to Alterations and the cost thereof and shall, within 30 days after demand by Landlord, furnish to Landlord copies of such records.
(h) All Alterations to and Fixtures installed by Tenant in the demised premises shall be fully paid for by Tenant in cash and shall not be disruptive subject to conditional bills of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alterationsale, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, onchattel mortgages, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshireother title retention agreements.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease
Alterations. 10.1. The Sublessee Tenant shall have not make, without the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which shall will not be unreasonably delayed withheld, any alterations, additions or withheld following written notice by improvements to the SublesseePremises. Any request for Sublessor's Landlord’s decision to refuse such consent shall be accompanied by preliminary engineering conclusive. If Landlord consents to such alterations, additions or architectural plans orimprovements, if consented to by the Sublessor, working drawings. The consent before commencement of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If 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 (iv) instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such consents are granted or deemed grantedwork, 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, additions and improvements shall be’ installed in a good, workmanlike manner and only new, high-grade materials shall be used. All such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards only by contractors or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications mechanics approved by Sublessor Landlord and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 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 the Master Lease.
10.4Premises. In addition Before commencing any to the requirements Building, including the Premises, occasioned by such alterations, additions and improvements 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 connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to provide notice supervise construction operations in connection with the foregoing work if Landlord requests to Sublessor do so. Tenant shall pay the cost of all such alterations, additions and PDA under this Article 10 improvements, as well as the cost of decorating and repairing any damage, 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 furnish Landlord with contractors’ affidavits in respect to any alterationform required by law, Sublessee shall also provide notice to Air Forceand full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, EPA additions and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee improvements shall comply with Condition 10.17 all insurance requirements and with all city and county ordinances and regulations and with the requirements of the Master Lease to the same extent required of Sublessor all state and PDAfederal statutes and regulations.
Appears in 1 contract
Alterations. 10.1. The Sublessee shall have All alterations, replacements and improvements made upon the right to make or construct any cosmetic changes to Property during the Building or undertake changes or alterations of the non- structural portions of the Building or PremisesLease, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changesincluding lighting, or any changes which shall involve changes to the mechanical or HVAC systemselectrical wiring, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed grantedoffice partitions, all such work heating and air conditioning, shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and only with the provisions prior express written consent of Article 22 Lessor and shall become the sole and exclusive property of lessor upon the expiration of this SubleaseLease. This obligation However, all movable trade fixtures, machinery and equipment installed by Lessee shall include compliance with all applicable provisions remain the property of Lessee and be removed by Lessee, at its expense, at the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination expiration of the Lease), provided the Lease is not then in default. All work performed hereunder The Property shall be performed returned to Lessor by Lessee in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive the condition it existed as of the overall operation Effective Date, reasonable and 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 items or may retain it as the Airportproperty of Lessor without reimbursement to Lessee. All contractors engaged by Sublessee to perform such work Lessee undertakes that no lien, privilege, or claim of any kind shall employ labor that can work in harmony with all elements of labor at rest against the Airport.
(3) During Property from any repairs, alterations, additions or improvements, or from the period of construction of any alterationbuilding or buildings; and agrees to furnish, Sublessee or any contractorat its own cost, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of SublessorLessor, PDAupon Lessor's request therefor, the United States bond of America and Sublessee as named or additional insured (as is appropriate) a responsible surety company, qualified to do business in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor Louisiana, and PDA with MYLAR as-built drawings when reasonably acceptable to Lessor, conditioned to hold Lessor and the Property harmless against any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDAsuch lien, the approval of Sublessor not privilege, or claim, said bond to be unreasonably withheld for an amount equal to the estimated cost of such construction, restoration, alterations, additions or delayedimprovements. Sublessee shall submit drawings No consent of proposed signs and information on Lessor for Lessee to make improvements or repairs to the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises Property premises shall be deemed to permit Lessor's interest to become subject to Condition 17 of the Master Leaselabor or material liens.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Sub Lease (North American Gaming & Entertainment Corp)
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which and --- such consent shall not be unreasonably withheld, delayed or withheld following written notice by the Sublesseeconditioned for non- -------------------------------------------------------------------------------- structural alterations; under $5,000.00. Any request for Sublessor's consent Landlord shall not be accompanied by preliminary engineering required to --------------------------------------- notify Tenant of whether it consents to any alteration, addition or architectural improvement until it (a) has received plans or, if consented and specifications in a CAD disk format therefor which are sufficiently detailed to by the Sublessor, working drawings. The consent allow construction of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject depicted thereon to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform and (b) has had a reasonable opportunity to drawings 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 approved therefor must be prepared by Sublessor 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 disruptive 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 overall operation of the Airportwork. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction Upon completion of any alteration, Sublessee addition or any contractorimprovement, subcontractor Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Premises or sublessee of Sublessee shall maintain the Building; (2) do not overload or cause damage the same; and (3) may be removed without damage to be maintained the following insurance:
(i) The comprehensive general liability Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and automobile insurance provided improvements, except for equipment in Article 7 and server room that is added by Tenant, ----------------------------------------------------------- shall be maintained Landlord's property when installed in the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition, reasonable wear and tear excepted. All work performed by a --------------------------------- Tenant in the 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 with Landlord's specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building's structure or the Premises. Tenant shall be responsible for the limits specified thereunder and shall provide coverage for the mutual benefit compliance with The Americans With Disabilities Act of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in 1990. In connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any such alteration, including addition or improvement, Tenant shall pay to Landlord an administration fee of five percent (5%) of all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed costs incurred for such work in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws -- excess of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2$5,000.00 in consideration for construction administration services. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.-----------------------------------------------------------------------------
Appears in 1 contract
Sources: Lease Agreement (Clearcommerce Corp)
Alterations. 10.1. The Sublessee Lessee shall have the right to not make or construct any cosmetic changes exterior alterations to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 Premises without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor Lessor of the plans and PDAspecifications for said alterations, the which approval of Sublessor shall not to be unreasonably withheld or delayed. Sublessee In addition, Lessee shall submit drawings not make any interior alterations, additions or improvements to the Premises in excess of proposed signs $500.00 without the prior written approval of Lessor of the plans and information on 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 numberconsent of Lessor, sizebut at its own cost and expense and in good workmanlike manner erect such shelves, typebins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging such Building or improvements, and locationin each case after complying with all applicable governmental laws, all ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Lessee shall be and remain the property of which Sublessor Lessee during the term of this Lease and PDA 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 Lessee may review for harmony be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and conformity with shall be removed by the overall structure date of termination of this Lease or upon earlier vacating of the Premises if required by Lessor; upon any such removal Lessee shall restore the Premises to a good and architectural Leaseable condition, less ordinary wear and aesthetic setting tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure, roof or structural qualities of the Building and other improvements within which the Airport as well as 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 PDA's own land use control regulations all then existing governmental laws, ordinances, rules and may approve regulations. Prior to commencing any work or disapprove accordingly.
10.3. Notwithstanding installing any other provision equipment (but only if such equipment requires alterations to the Premises) in excess of this Sublease, the right of Sublessee to place or construct alterations $5,000.00 in, toon or about the Premises, Building or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alterationProperty, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.Lessee shall:
Appears in 1 contract
Sources: Business Lease (Nexpub Inc)
Alterations. 10.1. The Sublessee shall have the right to A. Tenant will not make or construct allow to be made any cosmetic changes alterations, additions and improvements including, but not limited to, painting, in or to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 Demised Premises without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which shall not be unreasonably delayed withheld. Landlord may impose, as a condition to consent, such requirements as Landlord in its sole discretion may deem reasonable or withheld following written notice by desirable, including, without limiting the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent generality of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted foregoing, requirements as to the manner in which, the time or deemed grantedtimes at which, all and the contractor by whom such work shall be done at Sublessee's sole costas well as requiring Tenant to provide a completion bond.
B. Any alterations, and subject additions, or improvements made to the following covenants.
(1) All work and alterations Demised Premises by Tenant shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety surrendered to Landlord and building codes and Land Use Regulations promulgated by PDA and with become the provisions property of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises 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, placed in or on the Lease)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 movable non-attached fixtures of Tenant.
C. All work performed hereunder shall with respect to alterations, additions, and improvements must be performed done in a good and workmanlike mannermanner and diligently prosecuted to completion.
D. Any alterations, additions and improvements shall conform 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 drawings obstruct the access to the Building of any other tenant.
E. Before commencing any work or construction in or about the Demised Premises, Tenant shall notify Landlord in writing of the expected date of commencement and specifications approved by Sublessor 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 disruptive put on notice of this Section by the recordation, at Landlord’s option, of a memorandum of this Lease in the Clerk’s Office of the overall operation Circuit Court of the Airport▇▇▇▇▇▇▇▇▇▇ County, Virginia and Tenant shall promptly execute and acknowledge such a memorandum if requested to do so by Landlord. All contractors engaged by Sublessee Tenant shall require from any and all materialmen, suppliers, contractors, mechanics, laborers and subcontractors that they deliver to perform such work shall employ labor that can work in harmony with all elements Tenant duly executed waivers of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and lien with respect to whom death Landlord’s interest prior to the commencement of any work thereon or bodily injury claims could 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 for or on behalf of Tenant, any mechanic’s or other lien shall be asserted filed, claimed, perfected or otherwise established as provided by laws against PDA, Sublessor, Sublessee the Building or the Subleased Demised Premises, with statutory limits as then required under Tenant shall discharge or remove the laws lien by bonding or otherwise within fifteen (15) days after Tenant receives notice of the State filing of New Hampshire.
(4) Sublessee same. Nothing contained herein shall provide Sublessor and PDA with MYLAR as-built drawings when authorize Tenant to create any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and liens for labor or materials on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of about Landlord’s interest in the Building and or the Airport as well as with PDA's own land use control regulations and may approve Demised Premises or disapprove accordinglyany portion thereof.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.122.01 Tenant shall not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or conditioned, provided the alterations, improvements and/or additions (i) are not visible from outside of the Leased Premises, and (ii) do not require the modification of the electrical, plumbing or mechanical systems of the Building), make any alterations, improvements or additions to the Leased Premises. The Sublessee Any such consented to alterations, improvements or additions to the Leased Premises shall be completed at the sole cost and expense of Tenant, unless otherwise agreed to by Landlord as part of any consent thereto. 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, 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 or such work and its completion free of mechanic's, 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 actual 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 option, and at no additional cost to Tenant, to directly supervise the work, which supervision shall be for the protection of Landlord's interest only.
22.02 If Tenant requests that Landlord, through its contractors, perform the work associated with any alteration, improvement or addition to the Leased 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 charge or money obligation herein required to be paid by Tenant and subject to the Default and Remedies provisions of this Lease set forth in Sections 35.01 through 36.05, inclusive. All work performed by Landlord under this Section 22.02 shall be subject to the provisions of Section 22.01.
22.03 All alterations, additions or improvements made by Tenant and all fixtures attached to the Leased Premises shall become the property of Landlord and remain at the Leased Premises or, at Landlord's option (to be exercised at the time Landlord grants its approval to such alterations, additions or improvements), any or all of the foregoing shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Leased Premises caused by the installation and/or 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 Leased Premises, or in the Building, except on the entrance doors of the Leased Premises, and then only of such size, color and style as Landlord may approve. Landlord shall have the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit unauthorized signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDATenant's own land use control regulations and may approve or disapprove accordinglyexpense.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Office Lease (Rancher Energy Corp.)
Alterations. 10.1. The Sublessee shall have the right to make or construct any cosmetic changes 9.1 Any leasehold improvements to the Building or undertake changes or alterations Premises contemplated by Landlord and Tenant to be made prior to the commencement of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent Lease Term shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done performed in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and accordance with the provisions of Article 22 Exhibit "E".
9.2 Other than any leasehold improvements to be made under Section 9.1, Tenant shall not make, or allow to be made, any alterations, additions or improvements to the Premises without the prior written approval of this SubleaseLandlord. This obligation All alterations, additions or improvements installed on the Premises by either party, including, without limitation, fixtures, but excluding readily movable trade fixtures, shall include compliance with all applicable provisions become the property of Landlord at the expiration of the FFA (as defined Lease Term, unless Landlord requests their removal, in Article 22)which event, including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations Tenant shall be of remove any such a character as not to materially reduce the value and usefulness of any of the Building alterations, additions or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination to its original condition at Tenant's expense.
9.3 Prior to commencing any construction work on the Premises, Tenant must furnish to Landlord adequate plans and specifications for the 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 Lease)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 Landlord or by contractors and subcontractors approved in writing by Landlord. All If Landlord does not perform the construction work, then 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 cost of the construction work, and/or require Tenant to obtain a waiver and release of liens from all contractors and subcontractors prior to commencement of the construction work. ▇▇▇▇▇▇ agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from any such construction work performed hereunder shall by ▇▇▇▇▇▇ or on ▇▇▇▇▇▇'s behalf.
9.5 All construction work by, or on behalf of, Tenant must be performed in a good and workmanlike mannermanner in accordance with the approved plans and specifications, lien-free, and in compliance with all governmental laws and requirements. Tenant shall conform to drawings and specifications approved by Sublessor and only utilize new materials of a quality that is equal or better than the quality of those materials already on the Premises.
9.6 Tenant shall not permit any mechanic's liens to be disruptive of filed against the overall operation of Premises or the Airport. All contractors engaged Building for any work performed, materials furnished, or obligation incurred by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor or at the Airport.
(3) During request of Tenant, including, but not limited to, any work performed, materials furnished, or obligations incurred by or at the period request of Tenant for construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered performed under the provisions of existing policies Exhibit "E". 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 covered paid by special endorsement thereto Tenant to 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 respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject deemed to Condition 17 be for the immediate use or benefit of Landlord so that no mechanics or other lien shall be allowed against the Master Leaseestate of Landlord by reason of its consent to such work.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Office Lease (Phymed Inc)
Alterations. 10.1. The Sublessee 8.01 Landlord shall have no responsibility for any loss or damage to any fixtures, equipment or other property installed or left in the right to make Premises from any cause except as results from the intentional or construct any cosmetic changes grossly negligent acts of Landlord. Tenant's entry prior to the Building or undertake changes or alterations commencement of the non- structural portions term shall be subject to all of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of this Lease, except for the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect obligation to construction pay Rent. Tenant shall furnish Landlord with copies of all certificates and construction related workapprovals 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.
(2) All alterations 8.02 Tenant shall not make or permit to be of such a character as not made any alterations, additions or improvements to materially reduce the value and usefulness of Premises or any part of the Building Premises, or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike mannerattach any fixtures or equipment, shall conform to drawings and specifications approved by Sublessor and without first obtaining Landlord's written consent, which consent shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee Any alterations, additions or improvements to the Premises consented to by Landlord shall submit drawings of proposed signs and information on the number, size, typebe made by a contractor approved by Landlord (which approval shall not be unreasonably withheld or delayed) for Tenant's account, and locationTenant shall reimburse Landlord, all as Additional Rent, for the cost, including a reasonable charge for Landlord's overhead, for work done by Landlord, within ten (10) days after receipt of which Sublessor a statement. All alterations, additions, fixtures and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve improvements, whether temporary or disapprove accordingly.
10.3. Notwithstanding any other provision of this Subleasepermanent in character, the right of Sublessee to place or construct alterations in, to, made in or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.the
Appears in 1 contract
Sources: Lease Agreement (Versata Inc)
Alterations. 10.1. The Sublessee shall have LESSEE may make minor alterations, additions and improvements upon the right to make or construct any cosmetic changes to lease premises at its sole cost and expense and with the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLESSOR. LESSEE agrees to hold the LESSOR harmless from any damage, which loss or expense arising from such alterations, additions and improvements and agrees to comply with all applicable building and safety laws, ordinances, rules and regulations. 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 not remain upon the lease premises and be unreasonably delayed or withheld following surrendered to the LESSOR: provided, that upon written notice by the Sublessee. Any request for Sublessor's consent 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 accompanied by preliminary engineering or architectural plans or, if consented to specified by the SublessorLESSOR and LESSEE shall repair and restore the leased premises to its original condition at LESSEE'S sole cost and expense. Provided, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed grantedfurther, all such work shall be done at Sublessee's sole costalterations, additions and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated improvements not removed by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions LESSEE within 10 days of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder lease shall constitute a holdover tenancy for which rent shall be performed in payable to LESSOR at a good daily rate based on monthly rent until all such alterations are removed and workmanlike mannerthe premises is returned to original condition. LESSOR and LESSEE may from time to time, make separate written agreements regarding alterations to structural and mechanical elements of the premises to allow greater latitude to both parties to this lease. Separate written agreements shall conform to drawings and specifications approved by Sublessor become part of this lease and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee construed to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and alter any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshirethis agreement.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Jungle Street Inc)
Alterations. 10.17.1 Except as provided in Section 7.2, Tenant will not make or allow to be made to the Premises any alteration of any kind without the prior written consent of Landlord. All of Tenant's approved work shall be done by duly licensed contractors in accordance with all applicable laws, codes, ordinances, 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 Sublessee 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 sole construction obligation is to construct and 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 be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury. Should Landlord elect that alterations, installations, changes, replacements, repairs, additions to or improvements made by or for Tenant upon the Premises be removed upon termination of this Lease or upon termination of any renewal period hereof, Tenant hereby agrees that Landlord shall have the right to make or construct any cosmetic changes cause same to be removed at Tenant's sole cost and expense. Tenant hereby agrees to reimburse Landlord for the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor cost of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changesremoval, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and together with the provisions cost of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.repairing
Appears in 1 contract
Alterations. 10.1. The Sublessee Prior to commencement of any material alterations or additions to any portion of the Premises, Lessee shall have furnish to Lessor plans and specifications of the right work to make or construct any cosmetic changes be undertaken and information as to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes equipment to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole costinstalled, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builderobtain Lessor's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor the work and PDAequipment, the which approval of Sublessor will not to be unreasonably withheld or delayed. Sublessee Lessee shall submit drawings endeavor to cause any interior work undertaken by Lessee to be accomplished by such labor as will not given rise to labor disputes affecting the Building or the Pittsburgh Technology Center. Lessee shall make no modifications to any parts of proposed signs the structure of the Building without the prior written approval by Lessor, which approval will not be unreasonably withheld or delayed. This shall be deemed to include the floor slabs, perimeter walls interior fire barrier walls and information the roof of the Building. Suspensions on or from the numberroof structure are prohibited Without an engineering report showing adequate capacity. Prior to Lessee performing any construction or other work on or about the Premises for which a lien could be filed, Lessee shall enter into a written "no lien" agreement with the general contractor who is to perform such work, and such written agreement shall be filed and recorded, in accordance with the Mechanics' Lien Law of Pennsylvania, prior to the commencement of such work. Notwithstanding the foregoing, if any mechanics' or other lien shall be filed against the Premises or the Building purporting to be for labor or material furnished or to be furnished at the request of the Lessee, then Lessee shall at its expense cause such lien to be discharged of record by payment, bond or such other indemnity reasonably satisfactory to Lessor, within ten (10) days after the filing thereof. If Lessee shall fail to cause such lien to be discharged of record within such ten (10) day period, or, if such lien is contested by Lessee, and Lessee fails to bond such lien or provide adequate indemnity reasonably satisfactory to Lessor, Lessor may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and Lessee shall reimburse Lessor for all amounts paid and costs incurred, including reasonable attorneys, fees, in having such lien discharged of record as Additional Rent with interest thereon at the Late Rate. All alterations, additions or improvements to the Building made by Lessee pursuant to this Section 5 hereof, shall become a part of the Building when made and shall remain upon and be surrendered with the Building at the end of the Term or any renewal thereof unless Lessor, at the time of approval of the installation of such alterations, additions and improvements, directed Lessee, at the end of the Term, to remove such alterations, additions and improvements, in which case the Lessee shall promptly remove the same. If Lessee fails to notify Lessor of its intention to install alterations, additions and improvements, Lessee shall be obligated to remove the same at the end of the Term or any renewal thereof. Lessee shall repair, at its own expense, any damage to the Premises caused by the removal thereof and shall restore the Premises to at least as good condition as prior to the installation of such alterations, additions or improvements, ordinary wear and tear excepted. Lessee may bring such equipment, furniture, trade fixtures or other personal property into the Building as may be necessary for its business provided, however, Lessee shall repair any physical damage occasioned by installation of any such property. Should Lessee's personal property be of an unusual size, type, and locationweight or with installation characteristics so as to adversely affect the Building, all of which Sublessor and PDA may review for harmony and conformity with Lessor reserves the overall structure and architectural and aesthetic setting right to restrict the use of the same in said Building. Lessor will rely on Lessee's engineering data in determining whether or not the Building will be adversely affected by the personal property, and said engineering data shall in delivered to Lessor prior to the Airport as well as with PDA's own land use control regulations installation of any personal property that may adversely affect the Building. If not then in default, Lessee shall have the right at the end of the Term to remove any equipment, furniture, trade fixtures or other personal property placed in the Building by Lessee, provided that Lessee promptly repairs any physical damage to the Premises caused by such removal. Any personal property remaining on the Premises after the expiration of the Term of this Lease shall be deemed to be abandoned by Lessee, and may approve be disposed of by Lessor without liability to Lessee. In every such instance where Lessee (i) removes alterations, improvement or disapprove accordingly.
10.3. Notwithstanding additions, (ii) installs trade fixtures, furniture, equipment or other personal property, (iii) removes any other provision trade fixtures, furniture, equipment or personal property, or (iv) fails to remove any personal property at the end of the Term or the earlier termination of this SubleaseLease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises Lessee shall be subject to Condition 17 of the Master Lease.
10.4repair any physical damage occasioned by such activity. In addition to every instance that Lessee does not so repair the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alterationPremises, Sublessee shall also provide notice to Air Force, EPA and NHDES in Lessor may repair the same manner and to Lessee will immediately reimburse Lessor for such costs with interest at the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDALate Rate.
Appears in 1 contract
Sources: Lease (Ansaldo Signal Nv)
Alterations. 10.1Subtenant may make alterations, additions or improvements to the Subleased Premises(the “Alterations”), only with the prior written consent of Tenant and, to the extent required by the Master Lease, Landlord. The Sublessee term “Alterations” shall have not include: (i) any of Subtenant’s Work approved by Tenant pursuant to Exhibit 4, and (ii)the installation of shelves, movable partitions, or Subtenant’s equipment and trade fixtures, which may be installed and removed without damaging existing improvements or the right to make structural integrity of the Subleased Premises, Master Premises, Building, or construct any cosmetic changes Property, and Tenant’s consent shall not be required for Subtenant’s installation of those items except to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require extent Tenant must obtain the consent of Landlord under the Sublessor, which Master Lease for such installations. Subtenant shall not be unreasonably delayed or withheld following written notice by perform all work within the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done Subleased Premises at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done Subtenant’s expense in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety laws and building codes and Land Use Regulations promulgated by PDA and shall complete all Alterations in accordance with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings plans and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All Tenant, using contractors engaged approved by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundationsTenant, and footings) under broad form in a manner so as to not unreasonably interfere with other tenants. Subtenant shall pay when due, all risk builder's risk completed value form claims for labor or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed materials furnished to or for Subtenant at or for use in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, which claims are or may be secured by any mechanics’ or materialmens’ liens against the Subleased Premises or Property or any interest therein. Except as otherwise provided in the Work Letter attached as Exhibit 4 with statutory limits as then required under respect to Subtenant’s Work, Subtenant shall remove all Alterations at the laws end of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs Sublease term unless Tenant conditioned its consent upon Subtenant leaving a specified Alteration at the Subleased Premises upon receiving the prior written approval of Sublessor Premises, in which case Subtenant shall not remove such Alteration and PDA, the approval of Sublessor not it shall become Tenant’s property. Subtenant shall immediately repair any damage to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 or adjacent portions of the Master LeasePremises, Building and Property caused by installation and/or removal of improvements performed as part of Subtenant’s Work and/or Alterations.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Sublease Agreement
Alterations. 10.1. The Sublessee Tenants shall have the right to not make any alterations, additions or construct any cosmetic changes ----------- improvements to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which Landlord. Landlord shall not be unreasonably delayed required to notify Tenant of whether it consents to any alteration, addition or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural improvements until it (a) has received plans or, if consented and specifications therefor which are sufficiently detailed to by the Sublessor, working drawings. The consent allow construction of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject depicted thereon to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform and (b) has had a reasonable opportunity to drawings review them. If the alteration, addition or improvement will affect the Premises Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications approved therefor must be prepared by Sublessor a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be disruptive 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 overall operation of the Airportwork. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction Upon completion of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, onaddition, or about the Subleased Premises ( including excavationsimprovement, foundationsTenant shall deliver to Landlord accurate, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR reproducible as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2plans therefor. Sublessee Tenant may erect shelves, bins, machinery and maintain suitable monument trade fixtures provided that such items (1) do not alter the basic character of the Premises; (2) do not overload or damage the same; and on Building back lit signs at (3) may be removed without damage to the Subleased 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 upon receiving (including that relating to the prior written approval installations, repair, replacement, or removal of Sublessor any item) shall be performed in accordance with Law and PDAwith Landlord's specifications and requirements, the approval of Sublessor in a good and workmanlike manner, and so as not to be unreasonably withheld damage or delayed. Sublessee shall submit drawings of proposed signs and information on alter the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with Building's Structure or the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglyPremises.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have not make any alterations to the right Premises other than Tenant Refurbishment and Tenant Improvement Work (both in accordance with Exhibit F), or to make or construct the Project, including any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premisesexisting landscaping, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the SublessorLandlord’s prior written consent, which shall not be unreasonably withheld, delayed or withheld following written notice by conditioned for alterations not affecting structural elements or materially altering Building systems. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the Sublesseelaws 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, on or before expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. At the time Tenant submits plans for alterations to Landlord for Landlord’s approval, Tenant may request for Sublessor's consent that Landlord elect whether such alterations shall be accompanied by preliminary engineering or architectural plans orremoved at the termination of this Lease, and if consented to by the Sublessorso requested, working drawings. The consent Landlord shall make such election simultaneous with its approval of the Sublessor will be deemed granted if not withheld alterations. If Landlord elects to require removal of the alterations, then at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 15 30 days after request thereofnotice of its election is given, whichever is later. If Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor reasonably approved by Landlord for the construction of such consents are granted or deemed grantedalterations, shall secure all such work shall be done at Sublessee's sole costappropriate governmental approvals and permits, and subject to the following covenants.
(1) shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All work and alterations performed shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA workmanlike manner and with material (when not specifically described in the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions plans and specifications) of the FFA (as defined quality and appearance customary in Article 22), including obligations imposed upon Sublessor in respect to the trade for first-class construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore type in which the Premises upon termination of the Lease)are located. All work performed hereunder such construction shall be performed in a good and workmanlike manner, manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall conform to drawings and specifications approved by Sublessor pay all costs for such construction and shall not be disruptive of keep the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations Project free and clear of all mechanics’ liens which may approve result from construction by Tenant. If requested by Landlord, Tenant shall post a bond or disapprove accordinglyother security reasonably satisfactory to Landlord to protect against liens. Tenant will pay directly or reimburse Landlord for any reasonable cost incurred by Landlord in reviewing plans and/or monitoring construction.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have not, without the right to prior written consent of Landlord in each instance, make any alterations, additions or construct any cosmetic changes improvements to the Building Premises or undertake changes or alterations Exterior Area (collectively, “Alterations”). For avoidance of the non- structural portions of the Building or Premisesdoubt, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations▇▇▇▇▇▇’s Work does not constitute an Alteration. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the ▇▇▇▇▇▇▇▇’s consent of the Sublessor, which hereunder shall not be unreasonably withheld, conditioned or delayed so long as such alterations, additions or withheld following written notice by improvements do not materially or adversely affect the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering Building structure or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereofsystems. If such consents are granted or deemed grantedLandlord reasonably disapproves of any proposed Alterations, all such work Landlord shall be done at Sublessee's sole costrespond, and subject to the following covenants.in
(1) All work and alterations shall EV charging stations (to be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated used exclusively by PDA and with Tenant) (the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22“EV Chargers”), including obligations imposed upon Sublessor in respect to construction and construction related work.
; (2) All alterations shall be an employee break area; and/or (3) above ground storage tank facilities having up to 5,000 gallons of such a character as not to materially reduce the value and usefulness capacity for storage of any of the Building or other improvements below their value and usefulness immediately before such alteration ethyl alcohol (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease“Storage Tanks”). All work performed hereunder shall be performed in a good and workmanlike mannerThe Contemplated Alterations, shall conform to drawings and specifications excluding the Storage Tanks are approved by Sublessor Landlord pursuant to this Lease, subject to Landlord’s review and approval of plans and specifications, which approval shall not be disruptive unreasonably withheld, conditioned or delayed. The installation of the overall operation of Storage Tanks is approved by Landlord, subject to the Airportconditions provided in this paragraph. All contractors engaged by Sublessee Notwithstanding anything to perform such work shall employ labor that can work the contrary in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alterationthis Lease, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant request for Landlord to approve Tenant’s installation of the Storage Tanks, Tenant hereby agrees that, in addition to the obligations set forth in this Article 10.
12,concurrently with the plans and specifications for the Storage Tanks, Tenant shall provide Landlord with Tenant’s containment, response and management plans for the Storage Tanks in the event of potential spills (ii) Fire and including any other applicable insurance provided for in Article 7 SPCC plan, if applicable), all of which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect subject to any alterationLandlord’s review and approval, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld withheld, delayed or delayedconditioned. Sublessee shall submit drawings ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ confirms that it has received approval of proposed signs and information on Landlord’s mortgagee to the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting installation of the Building Storage Tanks in accordance with this paragraph, subject to mortgagee’s review and approval of plans and specifications. With respect to the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this SubleaseContemplated Alterations, the right parties hereby acknowledge and agree that: (A) Tenant shall construct, install, maintain, repair, replace and operate the Contemplated Alterations at Tenant’s sole cost and expense (subject to application of Sublessee to place or construct alterations inavailable Allowance, to, or if the Contemplated Alterations are installed as part of Tenant’s Work); and (B) upon the Subleased Premises expiration or earlier termination of the Term, Tenant shall be (at its sole cost and expense) remove the Storage Tanks (unless ▇▇▇▇▇▇▇▇ agrees otherwise in writing) and restore the Exterior Area to the condition that existed prior to the Early Entry Date). For the avoidance of doubt, subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor terms and PDA under this Article 10 conditions set forth in respect to any alterationSection 8.1, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.Tenant
Appears in 1 contract
Sources: Single Tenant Industrial Building Lease (Hims & Hers Health, Inc.)
Alterations. 10.1. The Sublessee Tenant shall have the right to make no alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which Landlord. Landlord's consent shall not be unreasonably delayed withheld as long as the proposed changes do not adversely affect the structural, electrical or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering mechanical components or architectural plans or, if consented to by the Sublessor, working drawings. The consent systems of the Sublessor will Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any reasonable requirements, including but not limited to (i) a requirement that any work anticipated to cost in excess of $175,000.00 be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed grantedcovered by a lien and completion bond satisfactory to Landlord and (ii) requirements as to the manner, all such work shall be done at Sublessee's sole costtime, and subject to contractor 13 for performance of the following covenants.
(1) All 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. Tenant shall obtain all required permits for the work and alterations shall be done perform the work in compliance with all applicable governmental regulationslaws, codesregulations and ordinances. Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work if Landlord or its management agent for the Project is actively involved in the supervision 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 consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, standards all alterations, additions or other requirements, including fire, safety improvements affixed to the Premises (excluding moveable trade fixtures and building codes furniture) shall become the property of Landlord and Land Use Regulations promulgated by PDA and shall be surrendered with the provisions Premises at the end of Article 22 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 SubleaseLease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. This obligation However, Tenant shall include compliance with all applicable provisions be required to fund the cost of removing an improvement shown in the FFA "Plan" (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2Exhibit X hereto) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and only to the extent required of PDA under Condition 10.16 of the Master so specifically provided in Exhibit X. Except as otherwise provided in this Lease or in any Exhibit to this Lease. In undertaking , should Landlord make any alteration Sublessee shall comply with Condition 10.17 of the Master Lease or improvement to the same extent required Premises at the request of Sublessor and PDATenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs reasonably incurred.
Appears in 1 contract
Alterations. 10.1. The Sublessee shall A. Tenant should have the right right, without Landlord's consent, to make or construct any cosmetic non-structural changes to the Building or undertake changes or alterations interior architectural treatments of the non- structural portions premises, provided that such changes shall not diminish the value of the Building or Premisescreate liens.
B. Tenant shall not make any installations, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, additions, or any changes which shall involve changes improvements, including underground tunnels for the Drive-Up Window and Remote Unit, one or more ATM's, and the Drive-Up Window, Remote Unit and Canopy ("work") in or to the mechanical or HVAC systems, shall require the consent of the SublessorPremises without first submitting detailed plans and specifications to Landlord and securing Landlord's prior written consent, which shall not may be unreasonably delayed withheld or withheld following written notice by conditioned in the Sublesseesole and absolute discretion of Landlord. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all All such work shall be done at Sublesseeperformed by employees of or contractors employed by Landlord or, with Landlord's sole costwritten consent given prior to the letting of the contracts, by contractors employed by Tenant. In each case, the work shall be performed only under written contracts first approved in writing by Landlord. Tenant shall submit to Landlord's supervision over all such work and promptly shall pay to landlord or to Tenant's contractors, as the case may be, when due, all costs of such work, and subject upon completion of the work, if payment is made directly to the following covenants.
(1) Tenant's contractors, Tenant shall deliver to Landlord evidence of full payment, sworn contractors' statements and affidavits, and full and final waivers of all liens for all labor, services and materials furnished. All work done by Tenant and alterations its contractors shall be done in strict accordance with the approved plans and specifications and all requirements and conditions imposed by Landlord, in a first class, ▇▇▇▇▇▇▇-like manner using new, top quality materials, and in compliance with all applicable insurance requirements and all laws, ordinances, rules and regulations of all governmental regulationsbodies. If Landlord supervises Tenant' s work, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation Tenant shall include compliance with all applicable provisions pay Landlord an amount equal to 15% of the FFA (as defined in Article 22)cost of all work done under this Section to reimburse Landlord for its overhead and other administrative costs, including obligations imposed upon Sublessor fees and expenses incurred in respect to construction thereto. Tenant shall keep the Building and construction related work.
(2) All alterations shall be Premises free of such a character as not to materially reduce the value all liens and usefulness claims of lien; and if any lien or claim of lien is asserted, rightfully or wrongfully, on account of any act or omission of Tenant or anyone for whom Tenant is responsible, Tenant shall cause the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause same to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and released or discharged within 30 days or shall provide coverage for Landlord with security satisfactory to Landlord in its sole judgment within said period. If Tenant fails to do so, Landlord, in addition to all other available rights and remedies, may cause such lien or claim of lien to be released or discharged, and Tenant shall pay Landlord all cost, expenses and fees incurred by landlord in connection therewith. To the mutual benefit of Sublessorfullest extent allowed by law, PDATenant shall indemnify, the United States of America defend and Sublessee as named hold harmless Landlord and its agents and employees against and from all claims, actions, liabilities, injuries, damages, liens, costs, expenses and fees asserted or additional insured (as is appropriate) incurred in connection with any alteration permitted pursuant to this Article 10such work.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions, modifications or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which shall consent will not be unreasonably delayed withheld, provided that such alterations, additions, modifications or withheld following written notice improvements are not structural or involve building systems. If Tenant desires to make any such alterations, etc., plans for same shall first be submitted to and approved by the Sublessee. Any request for Sublessor's consent landlord, and same shall be accompanied done by preliminary engineering or architectural plans orTenant, if consented to by the Sublessorat its own expense, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, and Tenant agrees that all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike mannermanner (Landlord having the right to approve all contractors), shall conform to drawings and specifications approved by Sublessor and that the structural integrity of the building shall not be disruptive of impaired, that no liens shall attach to the overall operation of Premises by reason therefor, and that Tenant will secure all necessary permits pertaining to the Airportaforementioned alterations, etc. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
alterations, additions, improvements and fixtures (3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee Tenant's Personal Property, provided the same are installed at no cost or expense to Landlord) which may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld made or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or installed by either party upon the Subleased Leased Premises shall be subject to Condition 17 and remain the property of Landlord and shall remain upon and be surrendered with the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 Leased Premises, unless Landlord requests their removal, in respect to any alteration, Sublessee which event Tenant shall also provide notice to Air Force, EPA and NHDES in remove the same manner and restore the Lease Premises to its original condition, taking into account normal wear and tear, at tenant's sole cost and expense and Tenant shall pay the extent required entire cost of PDA under Condition 10.16 such removal to Landlord upon Tenant's receipt of Landlord's written demand therefore. If Tenant fails to remove such property and restores the Master Lease. In undertaking any alteration Sublessee Leased Premises as aforesaid, Landlord may do so and tenant shall comply with Condition 10.17 pay the entire cost thereof to Landlord within 10 days after Tenant's receipt of the Master Lease to the same extent required of Sublessor and PDALandlord's written demand therefore.
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Alterations. 10.1(a) Tenant shall not, without the prior written consent of Landlord, make any alterations, improvements or additions to the Premises. The Sublessee 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 option, to directly supervise the work, which supervision shall be for the protection of Landlord's interest only.
(b) 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) All alterations, additions or improvements made by Tenant and all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises or, at Landlord's option, any or all of the foregoing shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installations or 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, or in the Building, except on the entrance doors of the Premises, and then only of such size, color and style as Landlord may approve. Landlord shall have the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit unauthorized signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDATenant's own land use control regulations and may approve or disapprove accordinglyexpense.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1Lessee acknowledges and agrees that certain improvements to the Premises are to be completed by Lessor, in compliance with the specifications set forth in Exhibit "B" attached hereto ("Lessor's Improvements"). The Sublessee Lessor represents that 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 right option, in its sole discretion, of either: (1) occupying the Premises, allowing the Lease to make commence, and having payments of Rent and Additional Rent abated until such time as Lessor's Improvements are substantially complete; or construct any cosmetic changes to (2) not occupying the Building or undertake changes or alterations Premises, and having the term of the non- structural portions of the Building or PremisesLease not commence until Lessor's Improvements are substantially complete. Lessor's Improvements and any and all additions, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice and improvements made by the Sublessee. Any request for SublessorLessee ("Lessee's consent shall be accompanied by preliminary engineering or architectural plans orImprovements"), if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and 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 conform furnish information as to drawings the equipment to be installed, and specifications approved by Sublessor shall obtain Lessor's written approval of said plans and specifications, which approval shall not be disruptive of unreasonably withheld. Lessor shall obtain all necessary permits required by governmental authorities having jurisdiction prior to the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period commencement of construction of Lessee's Improvements. Lessee's Improvements shall become the property of the Lessor and shall remain upon and be surrendered with the Premises at the expiration or earlier termination of this Lease. It is not intended to include in the expression "additions, alterations and improvements," any alterationmechanical equipment and trade fixtures installed by the Lessee, Sublessee or any contractor, subcontractor or sublessee all of Sublessee which shall maintain or cause to may be maintained removed by Lessee on the following insurance:
termination of this Lease if (i) The comprehensive general liability and automobile insurance provided for Lessee is not in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessordefault hereunder, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if such removal does not then covered under damage the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundationsPremises, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Workerany damage that may be occasioned by any such removal shall be repaired by Lessee in a good and workmanlike 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 compensation insurance covering all persons employed in connections with expense. Lessee may bring such equipment, furniture, trade fixtures or other personal property into the work and with respect to whom death or bodily injury claims could Premises as may be asserted against PDAnecessary for its business; PROVIDED, SublessorHOWEVER, Sublessee or the Subleased Premises, with statutory limits as then required under the laws that Lessee shall first notify Lessor of the State type and nature of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not such personal property to be unreasonably withheld or delayedbrought onto the Premises. Sublessee shall submit drawings Should such personal property be of proposed signs and information on the number, an unusual size, type, and locationor weight, all 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 file, nor shall any contractor, subcontractor, materialman or mechanic file any mechanics' lien or other liens or claims for work done or materials furnished in or about the Premises against the Premises or the structure of which Sublessor and PDA may review for harmony and conformity with it is a part. Unless Lessor otherwise agrees, in writing, prior to the overall structure and architectural and aesthetic setting commencement of any work on the Premises, Lessee shall file in the office of the Building Prothonotary of Allegheny County a 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 by Lessee shall establish that the Premises and the Airport as well as with PDAComplex were at such time in satisfactory condition, except for Lessor's own land use control regulations Improvements, latent defects, order and may approve or disapprove accordinglyrepair.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
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Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)
Alterations. 10.1The Tenant shall not make any alterations in or additions to the premises without the Landlord's advance written consent in each instance. The Sublessee shall have the right Landlord's decision to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of refuse such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering reasonable. If the Landlord consents to such alterations or architectural plans oradditions, if consented to by the Sublessor, working drawings. The consent before commencement of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted work or deemed granteddelivery of any materials onto the premises or into the building, all such work the Tenant shall be done at Sublessee's sole costfurnish the Landlord with plans and specifications, names and addresses of contractors, and subject to the following covenants.
(1) necessary permits. All work additions and alterations shall be done installed in compliance a good, workmanlike manner and only new, high grade materials shall be used. The Tenant hereby agrees to hold the Landlord harmless from any and all laibilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and also the cost of decorating the premises occasioned by such alterations and additions. Upon completing any alterations or additions, the Tenant shall furnish the Landlord with contractors' affidavits and full and final waivers of lien covering all labor and materials expended and used provided Tenant shall not be obligated to provide waivers of lien from any contractor or materialmen supplying less than $10,000 in goods or services to the premises and Tenant shall not be obligated to submit waivers of lien from any contractor if the period for filing liens has elapsed and no lien has been filed by that contractor. All alterations and additions shall comply with all applicable governmental regulationsinsurance requirements and with all ordinances and regulations of the City of Whitehall or any department or agency thereof, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions requirements of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction statutes and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws regulations of the State of New Hampshire.
(4) Sublessee shall provide Sublessor Ohio or of any department or agency thereof. All additions, hardware, non-trade fixtures and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect all improvements, including wall and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDAfloor coverings, the approval of Sublessor not to be unreasonably withheld temporary or delayed. Sublessee shall submit drawings of proposed signs and information on the numberpermanent, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, in or upon the Subleased Premises premises, whether placed there by the Landlord or the Tenant, shall be subject to Condition 17 become the Landlord's property and shall remain upon the premises at the termination of the Master Lease.
10.4. In addition this Lease by lapse of time or otherwise without compensation or allowance or credit to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDATenant.
Appears in 1 contract
Alterations. 10.1. The Sublessee 9.1 Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes improvements in or to the Building Premises or undertake changes any part thereof, or alterations of the non- structural portions of the Building attach any fixtures or Premisesequipment thereto, costing less than $50,000 without obtaining SublessorLandlord's prior written consent. Landlord's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably withheld or delayed but may be subject to such conditions as Landlord may reasonably require. Tenant shall not be required to restore any alterations, additions or withheld following written improvements made by Tenant during the Term, unless such restoration is required by Landlord at the time of such alteration, addition or improvement. In addition, Tenant may make such alterations, additions or improvements without Landlord's consent, but with notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans orto Landlord, if consented to by the Sublessortotal per-project cost of such alterations, working drawings. The consent additions or improvements is $200,000.00 or less, and such alterations, additions or improvements will not affect the structural elements of the Sublessor Premises, detract from the fair rental or market value of the Premises or increase the costs of the remediation contemplated in Article 1A hereof. Tenant will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance comply with all applicable governmental regulations, codes, standards laws, ordinances, rules or other requirementsregulations in connection with any alterations, including fireadditions or improvements. All alterations, safety and building codes and Land Use Regulations promulgated by PDA and with additions or improvements in or to the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations Premises shall be of such a character as not to materially reduce the value made by Tenant at Tenant's sole cost and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder expense, shall be performed made expeditiously once work is begun and shall be completed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive manner using first class materials. No part of the overall operation of the AirportPremises shall be demolished unless Landlord has received an acceptable surety bond assuring reconstruction. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor Tenant shall, at the Airport.
(3) During its expense, provide builder's risk insurance naming Landlord as an insured during the period of any construction of any alterationwork.
9.2 All alterations, Sublessee additions or any contractor, subcontractor or sublessee of Sublessee improvements requiring Landlord's consent shall maintain or cause to be maintained the following insuranceas follows:
(ia) The comprehensive general liability Tenant shall submit to Landlord, for Landlord's written approval, complete plan and automobile insurance provided specifications for in Article 7 all work to be done by Tenant. Such plans and specifications shall be maintained for the limits specified thereunder prepared by licensed architect(s) and shall provide coverage for the mutual benefit of Sublessorengineer(s) approved by Landlord, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written such approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee , shall submit drawings comply with all applicable codes, ordinances, rules and regulations, shall be in a form sufficient to secure the approval of proposed signs and information on all government authorities with jurisdiction over the number, size, typePremises, and locationshall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Landlord's failure to respond to a request for plan approval within thirty (30) days shall be deemed approval of such plans.
(b) Tenant shall, all of which Sublessor and PDA may review for harmony and conformity through Tenant's licensed contractor, perform the work substantially in accordance with the overall structure plans and architectural specifications approved in writing by Landlord. All material changes in the plans and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises specifications approved by Landlord shall be subject to Condition 17 Landlord's prior written approval. Any such change shall be based upon revised plans and specifications prepared by the licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed.
(c) Tenant shall pay 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 expense 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.
9.3 All improvements, alterations, additions and fixtures (other than trade fixtures), whether temporary or permanent in character, made in or to the Premises by Tenant, shall remain the property of Tenant until the expiration or earlier termination of this Lease, whereupon they shall become part of the Master Premises and Landlord's property. All movable furniture, equipment, trade fixtures, computers, office machines and other personal property of Tenant shall remain the property of Tenant. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the Premises and repair all damage caused by such removal; provided, however, that Tenant shall not be obligated to make any repairs to wall or floor coverings or otherwise make repairs if Landlord intends to otherwise demolish or renovate the Premises so that for all practical purposes, the repairs would be in vain. This Section 9.3 shall survive the expiration or earlier termination of this Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease (Analog Devices Inc)
Alterations. 10.1Tenant shall not make or permit anyone to make any alterations, decorations, additions, or improvements, structural or otherwise, in or to the Demised Premises (less than $5,000 in value) or the Building (of any value), without the prior written consent of Landlord. The Sublessee Landlord shall not unreasonably withhold consent on Tenant’s interior decorations. As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlord such security as Landlord shall, in its sole discretion, request. If any mechanic’s lien is filed against the Demised Premises, or the Building of which the Demised Premises are a part, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, such mechanic’s lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant’s sole cost and expense. If Tenant shall fail to discharge any such mechanic’s lien, Landlord, may at its option discharge same and treat the costs thereof as Additional Rent payable with the next monthly installment of Base Rent, it being expressly agreed that such discharge by Landlord shall not be deemed to waive, release the default of Tenant in not discharging the same. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all expenses, liens, claims, or damages to person or property which may or might arise by reason of the making of such alterations, decorations, additions or improvements. If any such alteration, decoration, addition or improvement is made without the prior written consent of Landlord, Landlord may correct or remove the same and the Tenant shall be liable for any and all expenses incurred by Landlord in the performance of this work. All alterations, decorations, additions, additions or improvements in or to the Demised Premises or the Building made by either party shall immediately become the property of Landlord and shall remain upon and be surrendered with the Demised Premises as part thereof at the end of the term hereof without disturbance, molestation or injury; provided, however, that if Tenant is not in default in the performance of any of its obligations under this Lease, and further provided that any and all damage resulting therefrom be repaired, Tenant shall have the right to make remove, prior to the expiration or termination of the term of this Lease, all moveable furniture, furnishings, or trade fixtures installed in the Demised Premises at the expenses of Tenant and if such property is not removed by Tenant prior to the expiration of the term of this Lease, the same shall become the property of Landlord and shall be surrendered with the Demised Premises as a part thereof. Landlord shall have the right to sell, consign or dispose of any surrendered items (without notice to Tenant) and any costs affiliated therewith may be assessed to Tenant, notwithstanding the expiration or termination of this Lease. In the event Tenant shall construct any cosmetic changes to special improvements on the Building or undertake changes or alterations of the non- structural portions of the Building or Demised Premises, costing less than $50,000 without obtaining Sublessor's approval provided Landlord may request that Tenant remove the Sublessee shall notify the Sublessor same upon termination of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changesthis Lease, or any changes which shall involve changes to the mechanical or HVAC systemsand Tenant, shall require the consent of the Sublessorin such event, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations same and restore the Demised Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with their original condition all elements of labor at the AirportTenants expense.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Commercial Lease Agreement
Alterations. 10.1(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. The Sublessee Subject to the terms of the preceding sentence, Tenant may make alterations, 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's sole cost and expense 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 submit to Landlord revised plans and specifications for Landlord's prior written approval, which approval shall not be withheld or delayed if (a) the work to be done would not, in Landlord's reasonable judgment, adversely affect the value, character, rentability or usefulness of the 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 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 make post and keep posted on the Premises any notices that may be provided by law or construct any cosmetic changes which Landlord may deem to be proper for the Building or undertake changes or alterations protection of Landlord and the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole costPremises from liens, and subject to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the following covenantsexpense of Tenant.
(1vi) All work alterations, additions, fixtures and alterations improvements, whether temporary or permanent in character, made in or to the Premises by 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 done in compliance with all applicable governmental regulations, codes, standards and remain the property of Tenant). Upon termination or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 expiration of this Sublease. This obligation shall include compliance with Lease, Tenant shall, at Tenant's expense, remove all applicable provisions of the FFA movable furniture, equipment, trade fixtures, office machines and other personal property (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2Tenant's Trade Fixtures) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore from the Premises upon termination (but not the Improvements or Equipment) and repair all damage caused by such removal. Termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and this Lease shall not be disruptive affect the obligations of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted Tenant pursuant to this Article 10.
(iiparagraph 23(b) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglyperformed after such termination.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Egl Inc)
Alterations. 10.1. The Sublessee Tenant shall have not make any alterations to the right Premises, or to make or construct the Project, including any cosmetic changes to the Building or undertake changes or alterations existing landscaping, without Landlord's prior written consent. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the non- structural portions 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 30 days after expiration of the Building term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, costing less than $50,000 without obtaining Sublessor's approval provided that Tenant shall contract with a contractor approved by Landlord for the Sublessee shall notify the Sublessor construction of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, secure all such work shall be done at Sublessee's sole costappropriate governmental approvals and permits, and subject to the following covenants.
(1) All work and shall complete such alterations shall be done with due diligence in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety plans and building codes and Land Use Regulations promulgated specifications approved by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)Landlord. All work performed hereunder such construction shall be performed in a good and workmanlike manner, manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall conform to drawings and specifications approved by Sublessor pay all costs for such construction and shall not be disruptive keep the Premises and the Project free and clear of the overall operation of the Airportall mechanics' liens which may result from construction by Tenant. All contractors engaged by Sublessee to perform If Landlord gives its consent, no such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builderalterations will proceed without Landlord's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor ▇▇▇▇▇▇'s contractor, which shall be conditioned on proof of insurance by ▇▇▇▇▇▇'s contractor for public liability and PDAautomobile 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 property due to work performed, materials furnished, or obligations incurred by it, that it will immediately notify and proceed to remove such lien. Tenant further acknowledges that it will remain liable to Landlord and indemnify it for any costs or damages to Landlord or the property as a 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 approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglyPremises and/or Property from such liens.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Diversified Security Solutions Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which Landlord. Landlord shall not be unreasonably delayed required to notify Tenant of whether it consents to any alteration, addition or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural improvement until it (a) has received plans or, if consented and specifications in a CAD disk format therefor which are sufficiently detailed to by the Sublessor, working drawings. The consent allow construction of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject depicted thereon to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform and (b) has had a reasonable opportunity to drawings 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 approved therefor must be prepared by Sublessor 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 disruptive 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 overall operation of the Airportwork. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction Upon completion of any alteration, Sublessee addition, or any contractorimprovement, subcontractor Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Premises or sublessee of Sublessee shall maintain the Building; (2) do not overload or cause damage the same; and (3) may be removed without damage to be maintained the following insurance:
(i) The comprehensive general liability Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and automobile insurance provided for in Article 7 and improvements shall be maintained Landlord’s property when installed in the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All work performed by a Tenant in the Premises (including that relating to the installations, repair replacement, or removal of any item) shall be performed in accordance with all applicable governmental laws, ordinances, regulations, and with Landlord’s specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building’s structure or the Premises. Tenant shall be responsible for the limits specified thereunder and shall provide coverage for the mutual benefit compliance with The Americans With Disabilities Act of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in 1990. In connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any such alteration, including addition or improvement, Tenant shall pay to Landlord an administration fee of five percent (5%) of all materials and equipment therefor incorporated incosts incurred for such work. However, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the Tenant shall not have to pay Landlord an administration fee for non-structural work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other costing less than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.$10,000.00
Appears in 1 contract
Alterations. 10.112.1: The LESSEE shall not make any structural alterations or additions to the leased Premises, unless otherwise set forth herein, without prior written agreement from the LESSOR, and may make substantial non-structural alterations provided the LESSOR consents thereto in writing. The Sublessee shall have the right to LESSEE may make or construct any cosmetic changes alterations or additions to the Building Premises only insofar as such alterations or undertake changes additions comply with applicable laws..
12.2: All such allowed structural, non-structural or cosmetic alterations shall be at LESSEE'S expense and shall be of such quality at least equal to the present construction.
12.3: Any alterations or improvements made by the LESSEE to fixtures at the Premises shall become the permanent property of the non- structural portions LESSOR at the termination of this lease.
12.4: No substantial outdoor signs shall be installed by LESSEE without the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLESSOR as to the size, type, design and location of said sign, which consent shall not unreasonable be unreasonably delayed or withheld following withheld. If LESSEE either proceeds without the prior written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if LESSOR or installs a sign that does not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject conform to the following covenants.
(1) specifications approved by the LESSOR, the LESSOR may enter the leased Premises to remove any such unauthorized sign and to restore the Premises to their former condition. The LESSOR shall ▇▇▇▇ the LESSEE for any and all costs incurred in so removing any such unauthorized sign. All work and alterations signs installed by LESSEE shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and comply with the provisions of Article 22 Town of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related workBarnstable Zoning Ordinance.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and 12.5: The LESSEE shall not be disruptive of permit any mechanics liens or similar liens, to remain upon the overall operation of leased Premises for labor and material furnished to the Airport. All contractors engaged by Sublessee LESSEE or claimed to perform such work shall employ labor that can work in harmony with all elements of labor at have been furnished to the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) LESSEE in connection with work of any alteration permitted pursuant character performed or claimed to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under have been performed at the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws direction of the State of New Hampshire.
(4) Sublessee LESSEE and shall provide Sublessor and PDA with MYLAR as-built drawings when cause any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not such lien to be unreasonably withheld or delayed. Sublessee shall submit drawings released of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition record forthwith without cost to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDALESSOR.
Appears in 1 contract
Sources: Lease Agreement
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions, or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which Landlord. Landlord shall not be unreasonably delayed required to notify Tenant of whether it consents to any alteration, addition or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural improvements until it (a) has received plans or, if consented and specifications therefor which are sufficiently detailed to by the Sublessor, working drawings. The consent allow construction of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject depicted thereon to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform and (b) has had a reasonable opportunity to drawings 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 approved therefor must be prepared by Sublessor a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be disruptive 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 overall operation of the Airportwork. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction Upon completion of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, onaddition, or about the Subleased Premises ( including excavationsimprovement, foundationsTenant shall deliver to Landlord accurate, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR reproducible as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2plans therefor. Sublessee Tenant may erect shelves, bins, machinery and maintain suitable monument trade fixtures provided that such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and on Building back lit signs at (3) may be removed without damage to the Subleased 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 upon receiving (including that relating to the prior written approval installations, repair, replacement, or removal of Sublessor any item) shall be performed in accordance with law and PDAwith Landlord's specifications and requirements, the approval of Sublessor in a good and workmanlike manner, and so as not to be unreasonably withheld damage or delayedalter the Building's Structure or the Premises. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises Tenant shall be subject responsible for any reasonable fees Landlord accrues to Condition 17 of the Master Leasehave any plans or specifications reviewed by a professional architect or engineer.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Commercial Lease Agreement (At Track Communications Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right not make any alterations, additions or improvements (collectively referred to make or construct any cosmetic changes as “Alterations”) to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which Landlord shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural required to notify Tenant of whether it consents to any Alterations until it (a) has received plans or, if consented and specifications in a CAD disk format therefore which are sufficiently detailed to by the Sublessor, working drawings. The consent allow construction of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject depicted thereon to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform and (b) has had a reasonable opportunity to drawings review them. If the Alterations will affect the Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications approved therefore must be prepared by Sublessor 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 disruptive 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 overall operation work. Upon completion of any Alteration, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefore in a CAD disk format.Tenant may erect shelves, bins, machinery and trade fixtures (collectively “Tenant Installations”) provided that such items (1) do not alter the basic character of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at Premises or the Airport.
Building; (2) do not overload or damage the same; and (3) During may be removed without damage to the period Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord’s property when installed in the Premises. Unless Landlord notifies Tenant to the contrary, all shelves, bins, communications cables, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of construction the day of termination or expiration of this Lease, or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All work performed by Tenant in the Premises (including that relating to the installations, repair replacement or removal of any alterationitem) shall be performed in accordance with all applicable governmental laws, Sublessee ordinances, regulations, and with Landlord’s specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building’s structure or the Premises. Tenant shall be responsible for compliance with 1) The Americans With Disabilities Act of 1990 as amended (hereafter “ADA”) and 2) the Texas Elimination of Architectural Barriers Act (hereafter TEAB”) or any contractorsuccessor statute to the ADA or TEAB. Tenant shall also be responsible for compliance with all applicable laws, subcontractor ordinances, and regulations with respect to tagging, installation and removal of communications cable in, above, appurtenant to, or sublessee associated with the Premises. At Landlord’s option, Tenant at its sole cost and expense shall remove all communications cable installed by it, or on its behalf, or utilized by it (even if installed by others) during Tenant’s occupancy of Sublessee shall maintain the Leased Premises. No communications cable installed or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and utilized by Tenant shall be maintained abandoned by Tenant after it ceases to occupy the Premises. The term “communications cable” includes wire, cable, fiber optic or any other physical method of electronic, electrical or optical transmission, of a) data, b) information, c) voice and other sound, d) pictures, motion picture, video or images, or e) other communication of any kind whatsoever including use as or for audio speaker, computer network, internet, intranet, electronic mail, fire, security and/or other emergency or alarm systems, optical fiber, communications circuits, radio, television, satellite, computer, coaxial, or network powered broadband whether within or outside the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in Premises. In connection with any alteration permitted pursuant such Alteration, Tenant shall pay to this Article 10Landlord an administration fee of five percent (5%) of all costs incurred for such work.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Tangoe Inc)
Alterations. 10.1Lessee shall make no alterations decorations, ----------- installations, additions or improvements in or to the Demised Premises, including, but not limited to, any air-conditioning or cooling system, unit or part thereof or other apparatus of like or other nature, without Lessor's prior written consent, which consent shall not be unreasonably withheld, and then only by contractors or mechanics approved by Lessor. The Sublessee If Lessor does not give its written consent within two (2) weeks of its receipt of a request therefor, which request is accompanied by the plans for such alterations and improvements, such consent will be deemed to have been given. If any such alterations, additions or improvements are made without such consent, the Lessor shall have the right to make correct or construct remove them, and the Lessee shall be liable for any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice and all expense incurred by the SublesseeLessor in the performance of this work. Any request for Sublessor's consent shall be accompanied by preliminary engineering All such work, alterations, decorations, installations, additions or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work improvements shall be done at SublesseeLessee's sole costexpense. All alterations, decorations, installations, additions or improvements upon the Demised Premises, made by either party, including all paneling, decorations, partitions, railings and the like, shall become the property of the Lessor, without payment therefor by the Lessor, and subject shall remain up and be surrendered with, said Demised Premises, as a part thereof, at the end of the term or any ?? or extension hereof, as the case may be. Nothing contained herein shall prohibit the Lessee from removing any and all trade fixtures and/or other items, the removal of which will not cause damage to the following covenants.
(1) All work premises, provided the premises are restored to their former condition at Lessee's sole cost and alterations expense. Any and all personal property placed or installed in the Demised Premises by the Lessee which shall continue to remain the property of the Lessee shall be done removed from the Demised Premises upon the expiration of the term hereof. The Lessee shall not place a load upon any floor of the Demised Premises exceeding 125 pounds per square foot and the Lessor reserves the right to prescribe the weight and position of all safes and other heavy equipment installed or located in compliance or upon the Demised Premises by the Lessee. The Lessee shall not permit any mechanics' or materialmen's liens to be filed against the Demised Premises or the land and building of which the Demised Premises form a party nor against the Lessee's leasehold interest in the Demised Premises. If any such liens are so filed, and not discharged by the Lessee within sixty (60) days thereafter, the Lessor, at its election, may-pay and satisfy the same and in such event the sum so paid by the Lessor, together with interest thereon at the rate of 12% per annum from the date of payment, shall be deemed to be additional rent, due and payable by the Lessee immediately, without notice or demand therefor. Any improvements undertaken by the Lessee shall be at the Lessee's sole cost and expense. All plans and specifications for such proposed improvements shall be submitted to the Lessor for prior written approval at the time that Lessee requests Lessor's consent for such improvements. All such improvements shall be in conformance with any and all applicable governmental regulationsbuilding, safety, fire, planning, zoning, health, or any and all other required codes, standards or other requirementsordinances, including firelaws, safety rules and building codes regulations. Lessee shall obtain any required permits at its cost. Lessee shall be responsible for any and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22)architectural, including obligations imposed upon Sublessor in respect to design, construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building fees or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) expenses in connection with any alteration permitted pursuant such improvements to the Demised Premises. A violation of this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies provision shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not deemed to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision a breach of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master LeaseLease and a covenant herein.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Liquid Audio Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which Landlord. Landlord shall not be unreasonably delayed required to notify Tenant of whether it consents to any alteration, addition or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural improvements until it (a) has received plans or, if consented and specifications therefor which are sufficiently detailed to by the Sublessor, working drawings. The consent allow construction of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject depicted thereon to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform and (b) has had five (5) business days to drawings 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 approved therefor must be prepared by Sublessor a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be disruptive 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 overall operation of the Airportwork. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction Upon completion of any alteration, Sublessee addition, or any contractorimprovement, subcontractor Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Premises; (2) do not overload or sublessee of Sublessee shall maintain or cause damage the same; and (3) may be removed without damage to be maintained the following insurance:
(i) The comprehensive general liability Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and automobile insurance provided for in Article 7 and improvements shall be maintained Landlord's property when installed in the Premises. All work performed by a Tenant Party in the Premises (including that relating to the installations, repair, replacement, or removal of any item) shall be performed in accordance with Law and with Landlord's specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building's Structure or the Premises. Tenant shall be responsible for compliance with American With Disabilities Act of 1990 for the limits specified thereunder and interior, non-structural portions of the Premises, Landlord shall provide coverage be responsible for compliance with the mutual benefit American With Disabilities Act of Sublessor1990 relative to the Building's Structure, PDA, the United States of America and Sublessee as named or additional insured (as unless such compliance is appropriate) required solely in connection with any a Tenant alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for of the Building, in Article 7 which if not then covered under the provisions of existing policies case such compliance shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builderTenant's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshireresponsibility.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have the right to make no alterations, additions or construct any cosmetic changes improvements ("Alterations'', which term shall include Tenant's Work) to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which consent Landlord shall not be unreasonably delayed withhold, condition or withheld following written notice by the Sublesseedelay. Any request for Sublessor's consent All Alterations shall be accompanied by preliminary engineering or architectural plans ormade at Tenant's sole cost and expense (including the expense of complying with all Laws, including those regarding Hazardous Materials, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole costapplicable, and subject the Americans With Disabilities Act of 1990, as heretofore amended and as amended from time to time (the following covenants.
(1"ADA") All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other Title 24 requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, by a contractor reasonably approved by Landlord. Tenant, at Tenant's expense (or, at Landlord's election, Landlord at Tenant's expense) shall conform perform any work required to drawings be performed in areas outside the Premises by reason of the Alterations. Tenant shall submit to Landlord, for Landlord's prior written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s) reasonably approved in writing by Sublessor Landlord, shall comply with all applicable Laws, shall not adversely affect the Base Building Components, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the approval thereof, and shall not be disruptive otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall provide Landlord advance written notice of the overall operation of the Airportlicensed architect(s) and engineer(s) whom Tenant proposes to engage to prepare such plans and specifications. All contractors engaged by Sublessee Landlord shall promptly notify Tenant in writing whether Landlord approves or disapproves such architect(s) and engineer(s). Landlord's approval or consent to perform any such work shall employ labor that can work not impose any liability upon Landlord, and no action taken by Landlord in harmony connection with all elements such approval, including, without limitation, attending construction meetings of labor at Tenant's contractors, shall render Tenant the Airport.
(3) During agent of Landlord for purposes of constructing any Alterations. Tenant shall pay Landlord on demand prior to or during the period course of construction of any alterationAlterations an amount (the "Supervision Fee") equal to three percent (3%) of the total cost of such Alteration (and for purposes of calculating the Supervision Fee, Sublessee or any contractorsuch cost shall include architectural and engineering fees, subcontractor or sublessee but shall not include permit fees) as compensation to Landlord for Landlord's review of Sublessee the plans and specifications for such Alterations and general oversight of the construction. In addition, Tenant shall maintain or cause to be maintained the following insurance:
reimburse Landlord within thirty (i30) The comprehensive general liability and automobile insurance provided days after Landlord's written demand for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit Landlord's reasonable out of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) pocket expenses in connection with any alteration permitted pursuant Alterations, such as additional cleaning expenses, additional security services, fees and charges paid to this Article 10.
(ii) Fire third party architects, engineers and any other applicable insurance provided consultants for in Article 7 which if not then covered under review of the provisions work and the plans and specifications with respect thereto, and for other miscellaneous out of existing policies shall be covered pocket costs incurred by special endorsement thereto in Landlord as result of the work. In addition, with respect to any alterationAlterations expected to cost in excess of $200,000.00, including Landlord, at its election, may require Tenant to obtain at Tenant's sole cost and expense a completion and lien indenmity bond, reasonably acceptable to Landlord for such Alterations. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all materials and equipment therefor incorporated incarpeting, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting once become part of the Building and the Airport property of Landlord. Except as well Landlord shall otherwise agree in writing as with PDArespects any particular Alterations, at Landlord's own land use control regulations and may approve sole election any or disapprove accordingly.
10.3. Notwithstanding any other provision all Alterations made for or by Tenant shall be removed by Tenant from the Premises at the expiration or sooner termination of this Sublease, Lease and the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject restored by Tenant to Condition 17 their condition prior to the making of the Master Lease.
10.4. In addition Alterations, ordinary wear and tear and damage by casualty and condenmation excepted (provided that in the event of a casualty, Tenant shall assign to Landlord any insurance proceeds received by Tenant that are attributable to any Alterations that were constructed by Tenant utilizing Landlord's Allowance (or any other tenant improvement allowance provided by Landlord), to the requirements extent such Alterations are not covered by Landlord's insurance); provided, however, that Tenant shall not be required to provide notice remove any Alterations that are of a type and quantity that would reasonably be installed by or for a typical tenant using space for general office purposes in a normal and customary manner; provided further, however, with respect to Sublessor Alterations made hereunder, Landlord shall make such designation, if at all, concurrently with Landlord's approval (if applicable) of the subject Alteration or improvement or systems and PDA under this Article 10 equipment so long as Tenant's request for approval shall state in bold face letters on the first page of the request for Landlord's consent the following language: "CONCURRENTLY WITH LANDLORD'S APPROVAL (IF APPLICABLE) OF THE ALTERATIONS DESCRIBED HEREIN, LANDLORD MUST ELECT, SUBJECT TO THE TERMS OF THE LEASE, WHETHER SUCH ALTERATIONS SHALL BE REQUIRED TO BE REMOVED BY TENANT." Notwithstanding the foregoing, Tenant shall have the right, without Landlord's consent, to make any Alteration that meets all of the following criteria (a "Cosmetic Alteration"): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) at least ten (10) days prior to commencement of work with respect to such Alteration, Tenant provides Landlord with plans with respect thereto or, if the Alteration is of such a nature that formal plans will not be prepared for the work, Tenant provides Landlord with a reasonably specific written description of the work, (c) such Alteration does not affect the Base Building Components or any structural components of the Building, and such Alteration is not visible from the exterior of the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only new materials comparable in quality to those being replaced and is performed in a workmanlike manner and in accordance with all Laws, (e) the work does not involve opening the ceiling of the Premises, (t) the work does not involve any Hazardous Materials other than incidental quantities of the same in normal and customary construction materials, such as paint, and (g) the total cost of the Alteration, including architectural and engineering fees, if any, does not exceed Seventy Five Thousand Dollars ($75,000.00) (excluding costs of painting and carpeting, which may be done without regard to such Seventy-Five Thousand Dollars ($75,000.00) cap). Tenant hereby acknowledges that notwithstanding anything contained herein to the contrary, Landlord is not and shall not be deemed to be a "participating owner" with respect to any alterationAlterations (including, Sublessee without limitation, Tenant's Work). Prior to commencement of any work at the Premises, Tenant shall also provide notice to Air Forceobtain from all contractors, EPA subcontractors, laborers, materialmen, and NHDES suppliers performing work in the same manner Premises for Tenant a writing or writings duly executed by authorized representatives of such contractors, subcontractors, laborers, materialmen, or suppliers containing the following language or substantially identical provisions: "Contractor acknowledges and agrees that it is performing a work of improvement on a Tenant's leasehold interest and agrees to limit any right to impose a mechanic's or materiahnan's lien to Tenant's leasehold interest. Contractor further agrees that the extent required work of PDA under Condition 10.16 improvement is not being performed at Landlord's insistence, is not being performed for the benefit of Landlord or Landlord's ownership (fee) interest, and that Landlord is not directing Contractor's work. Contractor further agrees that Landlord is not participating in the work of improvement or in Tenant's enterprise. Contractor further agrees that it will provide Landlord with written notice of commencement of work within three (3) business days following commencement, so that Landlord may timely post a Notice of Non-Responsibility. Contractor waives and relinquishes the benefit of the Master Lease. In undertaking "participating owner" doctrine as stated in California law, and further waives and relinquishes any alteration Sublessee shall comply with Condition 10.17 of right it may otherwise have had to impose any mechanic's or materialman's lien on Landlord's ownership interest in the Master Lease to the same extent required of Sublessor and PDAproperty."
Appears in 1 contract
Sources: Sublease (Aerohive Networks, Inc)
Alterations. 10.1. The Sublessee a. Tenant shall have the right to make no alterations, additions or construct any cosmetic changes improvements in or to the Building Premises without Landlord's prior written consent,* and then only by contractors or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of mechanics approved by Landlord; such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which 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 withheld following 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 notice by consent. If the Sublesseeproposed 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. Any request for Sublessor's consent Tenant agrees that there shall be accompanied by preliminary engineering no construction of partitions or architectural plans or, if consented other obstructions which might interfere with Landlord's free access to by the Sublessor, working drawings. The consent mechanical installations or service facilities of the Sublessor will be deemed granted if not withheld within 15 days after request thereofbuilding or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. If such consents are granted or deemed granted, all All such work shall be done at Sublessee's sole cost, such times and subject in such manner as Landlord may from time to the following covenants.
(1) All time designate. Tenant covenants and agrees that all work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder Tenant shall be performed in a good full compliance with all laws, rules, orders, ordinances, regulations and workmanlike mannerrequirements of all governmental agencies, shall conform to drawings offices and specifications approved by Sublessor boards having jurisdiction, and shall not be disruptive in full compliance with the rules, regulations and requirements of the overall operation 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 Airport. All contractors engaged by Sublessee to perform proposed commencement of such work shall employ labor that can work in harmony with all elements and shall, if required by Landlord, ** secure at Tenant's own *unless such alterations, additions, or improvements are less than a cost of labor at the Airport.
Five Thousand and No/100 Dollars (3) During the period of construction of any alteration$5,000.00), Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability **and automobile insurance provided for in Article 7 and shall be maintained other than for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES described in the same manner and to the extent required Work Letter Agreement of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.even date herewith
Appears in 1 contract
Sources: Office Building Lease (Stac Inc)
Alterations. 10.1. The Sublessee 8.01 Tenant shall have make no alteration, addition or improvement in the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, Landlord which consent shall not be unreasonably delayed withheld, conditioned or withheld following written notice delayed, and then only by contractors or mechanics and in such manner and time, and with such materials, as reasonably approved by Landlord. All alterations, additions or improvements to the SublesseePremises, including air-conditioning equipment and duct work, except movable office furniture (including movable partitions) and trade equipment installed at the expense of Tenant, shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall be surrendered with the Premises, at the expiration or sooner termination of the term of this Lease. Any request for Sublessor's such alterations, additions and improvements which Landlord shall designate at the time Landlord grants its consent to the installation of same shall be accompanied removed by preliminary engineering Tenant and any damage repaired, at Tenant's expense, prior to the expiration of this Lease. Notwithstanding anything contained herein to the contrary, Tenant shall not be required to obtain Landlord’s prior written consent or architectural plans orapproval for any nonstructural, if consented purely decorative, interior improvements to by the SublessorPremises (including painting, working drawings. The consent carpeting or the installation of wall coverings) provided, however that said improvements do not consist of changes or modifications to any Building plumbing, electrical, air conditioning or other Building wide systems.
8.02 Anything hereinabove to the contrary notwithstanding, Landlord will not unreasonably withhold or delay approval of written requests of Tenant to make nonstructural interior alterations (which are not purely decorative as described in Article 8.01 above), additions and improvements (herein referred to as "Alterations") in the Premises, provided that such Alterations do not affect utility services or plumbing and electrical lines or other systems of the Sublessor will be deemed granted if Building and do not withheld within 15 days after request thereofaffect and are not visible from any portion of the Building outside of the Premises. If such consents are granted or deemed granted, all such work All Alterations shall be done at Sublessee's sole cost, and subject performed in accordance with the following conditions:
(i) Prior to the following covenantscommencement of any Alterations costing more than $15,000.00, Tenant shall first submit to Landlord for its approval detailed dimensioned coordinated plans and specifications, including layout, architectural, mechanical, electrical, plumbing and structural drawings for each proposed Alteration. Landlord shall be given, in writing, a good description of all other Alterations.
(1ii) All work Alterations in and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike mannermanner and in accordance with the Building’s rules and regulations governing Tenant Alterations. Prior to the commencement of any such Alterations, Tenant shall, at its sole cost and expense, obtain and exhibit to Landlord any governmental permit required in connection with such Alterations. In order to compensate Landlord for its general conditions and the costs incurred by Landlord in connection with Tenant’s performance of Alterations in and/or to the Premises (including, without limitation, the costs actually incurred by Landlord and paid to independent third parties in connection with the coordination of Alterations which may affect systems or services of the Building or portions of the Building outside of the Premises), Tenant shall conform pay to drawings and specifications approved by Sublessor and Landlord a fee equal to five (5%) percent of the cost of such Alterations, however, notwithstanding anything contained herein to the contrary, the aforementioned fee shall not exceed the sum of $1,500.00 for any such single plan for Alterations. Such fee shall be disruptive paid by Tenant as Additional Rent hereunder within ten (10) days following receipt of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airportan invoice therefor.
(3iii) During All Alterations shall be done in compliance with all other applicable provisions of this Lease and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the period Americans with Disabilities Act of construction 1990 and New York City Local Law No. 57/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos and other hazardous materials, which work, if required, shall be effected at Tenant's sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord's rules and regulations thereon. Any changes required by Tenant’s p[articular manner of use of the Premises (as opposed to general office use) shall be paid for by Tenant.
(iv) All work shall be performed by duly licensed and insured professionals whose presence at the Premises or the Building will not result in any alterationlabor unrest, Sublessee dispute, slowdown, strike or disharmony whatsoever by labor rendering or scheduled to render services at or within, or delivering goods or materials to the Building, in which event Tenant shall immediately and permanently cease its use of the professional(s) whose presence at the Premises or the Building was the basis for such unrest, slowdown or strike. Notwithstanding anything contained herein to the contrary, if the use by Tenant of any contractor, subcontractor subcontractor, vendor, supplier or sublessee any other party causes or threatens to cause or create any work stoppage, picketing, labor disruption, dispute or disharmony of Sublessee any nature whatsoever, Tenant shall maintain immediately discontinue the use of such party and take such other remedial measures as may be necessary in order to restore labor harmony.
(v) Tenant shall keep the Building and the Premises free and clear of all liens for any work or cause material claimed to be maintained have been furnished to Tenant or to the Premises.
(vi) Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord certificates evidencing the existence of the following insurance:
(ia) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) WorkerWorkmen's compensation insurance covering all persons employed in connections with the for such work and with respect to whom death or bodily injury claims could be asserted against PDALandlord, Sublessor, Sublessee Tenant or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4b) Sublessee Broad form general liability insurance written on an occurrence basis naming Tenant as an insured and naming Landlord and its designees as additional insureds, with limits of not less than $3,000,000 combined single limit for personal injury in any one occurrence, and with limits of not less than $500,000 for property damage (the foregoing limits may be revised from time to time by Landlord to such higher limits as Landlord from time to time reasonably requires). Tenant, at its sole cost and expense, shall cause all such insurance to be maintained at all time when the work to be performed for or by Tenant is in progress. All such insurance shall be obtained from a company authorized to do business in New York and shall provide Sublessor that it cannot be canceled without thirty (30) days prior written notice to Landlord. All polices, or certificates therefor, issued by the insurer and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder bearing notations evidencing the payment of premiums, shall be delivered to Landlord. Blanket coverage shall be acceptable, provided that coverage meeting the requirements of this paragraph is completedassigned to Tenant's location at the Premises.
10.2. Sublessee (vii) In granting its consent to any Alteration, Landlord may erect and maintain suitable monument and on Building back lit signs at impose such conditions as to guarantee of completion (including, without limitation, requiring Tenant to temporarily post additional security or a bond to insure the Subleased Premises upon receiving the prior written approval completion of Sublessor and PDAsuch Alterations, the approval of Sublessor not payment, restoration or otherwise), as Landlord may reasonably require.
(viii) All work to be unreasonably withheld performed by Tenant shall be done in a manner which will not interfere with or delayed. Sublessee shall submit drawings of proposed signs disturb other tenants and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting occupants of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglyBuilding.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Xenomics Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right not make any alterations, additions or improvements (collectively referred to make or construct any cosmetic changes as “Alterations”) to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which Landlord. Landlord shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request required to notify Tenant of whether it consents to any Alterations until it (a) has received plans and specifications for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented such Alterations which are sufficiently detailed to by the Sublessor, working drawings. The consent allow construction of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject depicted thereon to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform and (b) has had no less than three (3) business days to drawings review them. If the Alterations will affect the Building’s structure then the plans and specifications approved therefor must be prepared by Sublessor 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 disruptive 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 overall operation work. Upon completion of any Alteration which affects the Building’s structure, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefore in a CAD disk format. Tenant may erect and install shelves, bins, machinery, trade fixtures, additional HVAC units, additional electrical panels, air compressors, vacuum pumps, nitrogen tanks, uninterruptible power systems, chillers, or any other machinery or equipment, that Tenant, in its sole opinion, considers necessary for its business (collectively, “Tenant’s Trade Fixtures and Equipment”), provided that such items (1) do not alter the structure of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at Building; (2) do not overload or damage the Airport.
same; and (3) During may be removed without material damage to the period Building. Unless Landlord specifies in writing otherwise, all Alterations shall be Landlord’s property when installed in the Premises. Unless otherwise mutually agreed to in writing by Landlord and Tenant, all of construction Tenant’s Trade Fixtures and Equipment shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease, at which time Tenant shall repair and restore the Premises to good condition, reasonable wear and tear excepted. All work performed by a Tenant in the Premises (including that relating to the installations, repair replacement, or removal of any alterationitem) shall be performed in accordance with all applicable governmental laws, Sublessee ordinances, regulations, and in a good and workmanlike manner, and so as not to materially damage or alter the Building’s structure. Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 as amended (hereafter “ADA”) or any contractorsuccessor statute to the ADA, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions Alterations made by or on behalf of existing policies Tenant. Landlord shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, onresponsible for compliance with the ADA, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition successor statute to the requirements to provide notice to Sublessor and PDA under this Article 10 ADA, in respect to connection with any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required Alterations made by or on behalf of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.Landlord
Appears in 1 contract
Alterations. 10.1. The Sublessee (a) Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Premises which affect the non- structural portions of Building's Structure (defined below) without the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which Landlord. Landlord shall not be unreasonably delayed required to notify Tenant of whether it consents to any such alteration, addition or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
improvements until it (1) All work has received plans and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions specifications thereof which are sufficiently detailed to allow construction of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect work depicted thereon to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike mannermanner and (2) has had a reasonable opportunity, shall conform not to drawings exceed 10 business days, to review them. If the alteration, addition or improvement will affect the Building's roof, foundation and structural elements (the roof, foundation, and structural elements herein collectively called the "BUILDING STRUCTURE"), HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications approved therefor must be prepared by Sublessor a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be disruptive 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 overall operation of the Airportwork. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction Upon completion of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, onaddition, or about the Subleased Premises ( including excavationsimprovement, foundationsTenant shall deliver to Landlord accurate, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR reproducible as-built drawings plans therefor. Unless Landlord specifies in writing otherwise, all alterations, additions, improvements, and fixtures shall be Landlord's property when any alteration other than cosmetic changes authorized hereunder installed in the Premises, except for furniture and equipment of Tenant which is completed.
10.2not affixed to the Premises so as to become a fixture (i.e., unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein). Sublessee In addition, Tenant may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDAshelves, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, typebins, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.trade fixtures provided that such items (A) do not alter
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 improvements without obtaining SublessorLandlord's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessorapproval, which shall not be unreasonably delayed withheld or withheld delayed. In the event Tenant proposes any alterations, additions, or improvements, it shall submit a complete set of plans and specifications relating thereto, prepared by any architect or professional engineer registered in the State of New Jersey to Landlord. Landlord may impose any reasonable conditions and/or requirements upon Tenant as Landlord reasonably considers necessary or prudent to protect Landlord's interest in the Premises. If Landlord shall grant approval for the proposed work and provided Tenant has agreed to any conditions and/or requirements made a part of such approval, the following written notice additional conditions shall apply:
a. Prior to making any alterations, additions, or improvements Tenant shall assure itself that the work will not impair the structural integrity of the Premises, or any portion thereof. Approval of the proposed work by Landlord shall not constitute or imply a warranty or representation by Landlord that the Sublesseeexisting Premises, or any part thereof, is adequate to withstand work proposed by Tenant. Any request for Sublessor's consent By making any alterations, additions, or improvements, Tenant expressly warrants that the same will not impair the structural integrity of the Premises nor any part thereof and are in full compliance with the requirements of all governmental agencies or authorities having jurisdiction.
b. All costs related to the proposed work, irrespective of their nature, are the sole responsibility of Tenant and shall be accompanied promptly paid by preliminary engineering or architectural plans orTenant at such time as they may be due.
c. All contractors, if consented to by the Sublessorlabor and/or material suppliers; and similar parties shall agree, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed grantedin writing, all such work shall be done at Sublessee's sole cost, and subject prior to the following covenants.
commencement of any work or procurement of materials (1i) All work and alterations shall be done in compliance to jointly comply with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and Tenant with the provisions of Article 22 of mechanics lien restrictions contained elsewhere in this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
Lease; (2) All alterations that they are entering into any agreements for labor and/or material with Tenant and not on behalf or for the benefit of Landlord; (3) that the work to be done shall be of such a character as not to materially reduce in substantial conformance with the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings last plans and specifications approved by Sublessor Landlord and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and no material changes shall be maintained for made thereto without the limits specified thereunder prior approval of Landlord and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America Tenant; and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee that they, and their employees and other agents, shall provide Sublessor comply with all rules and PDA with MYLAR regulations contained in Tenant's Lease regarding their conduct on the Premises. Proof of such agreements shall be given to Landlord prior to the commencement of the proposed work.
d. Tenant shall insure, indemnify and hold Landlord harmless for any loss to which Landlord may be subject or which Landlord may sustain relating to accidents, injury to persons (including death), property loss or damage of any nature whatsoever, regardless of cause, arising during or ensuing from the work undertaken by Tenant.
e. All such alterations, additions and improvements upon completion shall immediately become the property of Landlord, without compensation by Landlord to Tenant or any other party, simultaneously become part of the Premises, and Tenant's obligations and responsibilities pursuant to the ▇▇▇▇▇ and conditions of this Lease shall thenceforth apply to the aforementioned alterations, additions or improvements. Prior to the termination of Tenant's lease and/or Tenant's vacating of the Premises, Tenant shall remove said alterations, additions and improvements (or any portion thereof) at Tenant's expense, if so requested by Landlord.
f. Upon completion of the work, Tenant will submit to Landlord as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at certifications of inspections certifying the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting completion of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDAaddition or improvement.
Appears in 1 contract
Sources: Lease Agreement (Intest Corp)
Alterations. 10.11. The Sublessee Lessee shall have the right to not make or construct cause to be made any cosmetic material alterations, additions, changes or improvements to the Building or undertake Premises without the prior written consent of Lessor. In the event lessor approves any such alterations, additions, changes or alterations of improvements to the non- structural portions of the Building or Premisespremises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic , additions, changes or alterations which shall either exceed improvements will be performed at the $50,000 cost or include structural changessole expense of Lessee. Unless otherwise agreed upon in writing by lessor, or any changes which shall involve changes to at the mechanical or HVAC systemstermination of this Lease, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans orLessee shall, if consented to Lessor so elects, remove all alterations, additions or improvements erected by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations lessee and restore the Premises to their original condition. All such removals and restorations shall be accomplished in a good workmanlike manner and shall conform with the general quality and style of the Building. If Lessor does not elect to have Lessee make such removals, all alterations, additions or improvements made in or upon the Premises, either by Lessee or Lessor, shall be Lessor's property and shall remain upon the premises at the termination of the term of this Lease), by lapse of time or otherwise without compensation to Lessee.
2. All work Lessee shall keep the 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 hereunder on the Premises at the instance of Lessee.
3. 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, foundation or exterior wall structures for any reason, either by intent or accident. If the same occurs, Lessee shall be performed in a good responsible for the immediate total cost and workmanlike manner, repair to place the structure back to its original condition. Lessee shall conform to drawings and specifications approved by Sublessor commerce repair within five (5) days of said damage and shall thereafter diligently and continuously proceed with such repair until completion. In the event said repair is not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alterationso commenced and completed, Sublessee or any contractorLessor may, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as but is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, obligated to, enter the Premises and conduct or upon the Subleased Premises complete said repair at Lessee's sole cost. Any expense so incurred by Lessor shall constitute Additional Rent hereunder and be subject to Condition 17 due and payable within fifteen (15) days of the Master Lease.
10.4. In addition receipt of a notice from Lessor as to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required amount of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDAsaid expense.
Appears in 1 contract
Alterations. 10.1. The Sublessee shall have the right to Lessee agrees that it will not make or construct allow to be made any cosmetic changes alterations, physical additions or improvements in or to the Building or undertake changes or alterations of Leased Premises without first obtaining the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the written consent of the SublessorLessor. In any instance where Lessor grants such consent, which shall not be unreasonably delayed or withheld following written notice by Lessor may, among other things grant such consent upon the Sublessee. Any request for Sublessorcondition that Lessee's consent shall be accompanied by preliminary engineering or architectural plans orcontractors, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, laborers and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can materialmen must work in harmony with all elements and not interfere with any other work being conducted on behalf of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee Lessor or any contractor/s/ John Q. Hammons ---------------------------------------- Initials other tenant of the Building. All alterations, subcontractor improvements or sublessee additions, whether temporary or permanent in character, made by Lessor or Lessee in or upon the Leased Premises shall remain on and be surrendered with the Leased Premises pursuant to Section 11 below upon the expiration or sooner termination of Sublessee shall maintain this Lease, except Lessee shall, upon demand by Lessor, at Lessee's sole cost and expense, forthwith and with all due diligence remove all or cause any alterations, improvements or additions, including any wiring or cables, made or installed by Lessee which are designated by Lessor to be maintained removed, and Lessee shall forthwith and with all due diligence, and at its sole cost and expense, repair and restore the following insurance:
(i) The comprehensive general liability Leased Premises to their original condition, reasonable wear and automobile insurance provided for in Article 7 and tear excepted. Lessee shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessorpromptly pay to Lessee's contractors, PDAwhen due, the United States cost of America all such work and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered all decorating required by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundationsreason thereof, and footings) under broad form upon completion, deliver to Lessor, evidence of payment and waivers of all risk builder's risk completed value form liens for labor, services or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work materials, and with respect to whom death or bodily injury claims could be asserted against PDAfurthermore, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee Lessee shall provide Sublessor defend and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDAhold Lessor, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs Leased Premises and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport Property harmless from all costs, damages, liens for labor, services or materials relating to such work and defend and hold Lessor harmless from all costs, damages, liens and expenses, including, without limitation, reasonable attorneys' fees related thereto. The obligations of Lessee as well as with PDA's own land use control regulations and may approve set forth in this Section 10 shall survive the expiration or disapprove accordingly.
10.3. Notwithstanding any other provision termination of the Lease Term of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master LeaseAgreement.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have not make any alterations to the right to make Premises, or construct tox the Project, including any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premisesexisting landscaping, costing less than $50,000 without obtaining SublessorLandlord's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the Sublessor, which shall not be unreasonably delayed withheld, conditioned or withheld following written notice by delayed. If Landlord gives its consent to such alterations, Landlord may post notices of nonresponsibility in accordance with the Sublesseelaws of the slate in which the Premises are located. Any request for Sublessor's consent alterations made shall remain on and be accompanied by preliminary engineering surrendered with the Premises upon expiration or architectural plans ortermination of this Lease, if consented to by the Sublessorexcept that Landlord may, working drawings. The consent within thirty (30) days before or thirty (30) days after expiration of the Sublessor will be deemed granted if not withheld within 15 days after request thereofTerm, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. If such consents are granted or deemed grantedLandlord so elects, all such work shall be done Tenant shall, at Sublessee's sole its own cost, and subject restore the Premises to the following covenants.
condition designated by Landlord in its election, before the last day of the term or within thirty (130) All work days alter notice of Landlord's election is given, whichever is later. Tenant shall cause no damage to the Premises in removing alterations. Should Landlord consent in writing to ▇▇▇▇▇▇'s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, which approval shall not be unreasonably withheld, shall secure all appropriate governmental approvals and permits, and shall complete such alterations shall be done with due diligence in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety plans and building codes and Land Use Regulations promulgated specifications approved by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)Landlord. All work performed hereunder such construction shall be performed in a good and workmanlike manner, manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall conform to drawings and specifications approved by Sublessor pay all costs for such construction and shall not be disruptive of keep the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations Project free and clear of all liens which may approve or disapprove accordinglyresult from construction by ▇▇▇▇▇▇.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Digirad Corp)
Alterations. 10.1. The Sublessee 9.1 Tenant shall have the right to not make any alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of Demised Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of Landlord, except for the Sublessorinstallation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. All alterations, additions, improvements and fixtures (including, without limitation all floor coverings, lighting and heating and air conditioning equipment, but excluding Tenant's unattached, readily movable furniture, office equipment and trade fixtures) which may be made or installed by either party upon the Demised Premises shall not remain upon and be unreasonably delayed or withheld following written notice by surrendered with the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by Demised Premises and become the Sublessor, working drawings. The consent property of Landlord at the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenantstermination of this lease.
(1) 9.2 All construction work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with Tenant within the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Demised Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Building. Tenant shall conform pay for all costs incurred or arising out of alterations, additions or improvements to drawings and specifications approved by Sublessor the Demised Premises and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee permit a mechanic's or materialman's lien to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDAthe Demised Premises. Upon request by Landlord, SublessorTenant shall deliver to Landlord copies of contractor's insurance satisfactory to Landlord and proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any such alterations, Sublessee additions or the Subleased Premisesimprovements.
9.3 Tenant agrees that all venting, with statutory limits as then required under the laws opening, sealing, waterproofing or any altering of the State of New Hampshire.
(4) Sublessee roof shall provide Sublessor be performed by Landlord's roofing contractor at Tenant's expense and PDA with MYLAR as-built drawings that when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not completed Tenant shall furnish to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, Landlord a certificate from landlord's roofing contractor that all of which Sublessor and PDA may review for harmony and conformity such alterations approved by landlord have been completed in accordance with the overall structure plans and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglyspecifications theretofore approved by landlord.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Building Lease (Care Group Inc)
Alterations. 10.1. The Sublessee Tenant shall have the right deliver to make or construct any cosmetic changes to the Building or undertake changes or alterations Landlord full and complete plans and specifications of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of all such alterations. Any non-cosmetic changes , additions or alterations which shall either exceed the $50,000 cost or include structural changesimprovements, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all and no such work shall be done at Sublessee's sole costcommenced by Tenant until Landlord has given its written approval thereof. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, ordinances, etc. Further, Tenant shall indemnify and subject hold harmless Landlord from any loss, cost or expense, including attorneys’ fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from ▇▇▇▇▇▇’s alterations, additions or improvements to the following covenants.
(1) Premises. All work other alterations, additions and alterations improvements shall remain the property of Tenant until termination of this Lease, at which time they shall be and become the property of Landlord. All altera tions, additions, improvements, repairs and restoration by Tenant hereinafter required or permitted shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform incorporating materials of quality equal to drawings or better than those replaced, with finishes comparable to and specifications approved by Sublessor compatible with adjacent finishes within the Premises and shall not be disruptive the Building and in compliance with all applicable laws, ordinances, bylaws, regulations and orders of any federal, state, county, municipal or other public authority and of the overall operation insurers of the AirportBuilding. All contractors engaged by Sublessee In addition, all of Tenant’s alterations, additions and improvements shall be constructed in such a manner so as to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability not unreasonably disturb or otherwise interfere with the use and automobile insurance provided for occupancy of any other tenant of the Building, Phase or Project, (ii) protect by appropriate means and measures all components of the Premises, Building, Phase and Project from soiling or damage associated with Tenant’s work, and (iii) not impose any additional expense or delay upon Landlord in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit constructio n of Sublessorimprovements to, PDAor maintenance or operation of, the United States Building, Phase and/or Project. Tenant shall, reimburse Landlord for reviewing and approving or disapproving plans and specifications for any alterations proposed by ▇▇▇▇▇▇. Tenant shall require that any contractors used by Tenant carry a commercial liability insurance policy covering bodily injury in the amounts of America Two Million Dollars ($2,000,000.00) per person and Sublessee as named or additional insured Two Million Dollars (as is appropriate$2,000,000.00) per occurrence, and covering property damage in connection with any alteration permitted the amount of Two Million Dollars ($2,000,000.00). Landlord may increase the amount of insurance coverage required pursuant to this Article 10.
(ii) Fire Section to reflect inflation, industry cost and recovery experience over time. Landlord may require proof of such insurance prior to commencement of any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglyPremises.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee A. Tenant shall have the right to not, without prior written consent of Landlord, make any alterations, improvements, additions or construct installations or perform any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premisesdecorating, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changespainting, or other similar work or in about the Premises. If Landlord so consents, before commencement of any changes which such work or delivery of any materials into the Premises or the Building, Tenant shall involve changes to furnish the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request Landlord for Sublessor's consent shall be accompanied by preliminary engineering or approval: architectural plans orand specifications, if consented names and addresses of all contractors, contracts, necessary permit and licences, certificates of insurance and instruments of indemnification and waivers of lien against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form and amount as may be satisfactory to by Landlord. Whether or not Tenant furnishes the Sublessorforegoing, working drawingsTenant agrees to hold Landlord, and Landlord's beneficiaries, agents and employees forever harmless against all claims and liabilities of every kind, nature and description which may arise out of and in such manner as Landlord may from time to time designate. The consent Tenant shall pay the cost of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work and the cost of decorating the Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with contractor's affidavits and full and final waivers of lien and receipted ▇▇▇▇ covering all labor and materials expended and used in connection therewith. All such works shall comply with all insurance requirements and with all laws, ordinances, rules and regulations of all governmental authorities, and shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike mannermanner with the use of good grades of materials. Tenant shall permit Landlord to supervise and monitor construction operations in connection with such work. All alterations, improvements, additions and installations by Tenant to or on the Premises, other than built-in furniture, shall conform to drawings become part of the Premises at the time of their installations, and specifications approved by Sublessor shall remain upon and be surrendered under the Premises as a part thereof at the termination or expiration of this Lease. Consent of Landlord shall not be disruptive unreasonably withheld.
B. Tenant agrees not to suffer or permit any lien of any mechanic or materialman to be placed or filed against the overall Properly or the Premises. In case any such lien shall be filed, Tenant shall immediately satisfy and release such lien of record. If Tenant shall fail to have such lien immediately satisfied and released of record, Landlord may, on behalf of Tenant, without being responsible for making any investigation as to the validity thereof, pay the amount of said lien and Tenant shall promptly reimburse Landlord therefor. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlords title or interest in the Airport. All contractors engaged Premises, and any and all liens and encumbrances created by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and tenant shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant attached to this Article 10Tenant's interest only.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee shall have the right to Tenant will not make any alterations of or construct any cosmetic changes additions to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 Leased Premises without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor Landlord. All work to be performed in the Leased Premises shall be performed by competent contractors and PDAsubcontractors, the approved by Landlord, which approval of Sublessor shall not to be unreasonably withheld or delayed. Sublessee shall submit drawings by Landlord, except that Landlord may in any event condition its approval of proposed signs such contractors and information subcontractors on the number, size, typeTenant's furnishing separate performance and payment surety bonds covering any work to be performed by such contractors or subcontractors on the Leased Premises, and locationLandlord may, all of which Sublessor in any event, require that contractors and PDA may review subcontractors normally employed by Landlord be engaged for harmony any mechanical or electrical work and conformity that any alterations be done by contractors or subcontractors compatible with those workmen, contractors and subcontractors employed from time to time in the overall structure and architectural and aesthetic setting Building by Landlord. All alteration work performed by or for Tenant hereunder must be performed in such manner 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 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 and equipment ------------- purchased by Tenant which may be removed without damage or destruction to the Airport Leased Premises, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision a part thereof at the termination of this SubleaseLease or any extension thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to stand against the right of Sublessee to place Leased Premises and will immediately remove all such liens. Landlord may remove such liens and Tenant shall immediately reimburse Landlord upon demand for all costs and expenses, including attorney's fees, incurred by Landlord in removing such mechanic's or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Leasematerialmen's lien.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Subject to installation of Tenant Improvements pursuant to Section 5, Tenant shall have the right to make no additions, changes, alterations or construct any cosmetic changes improvements (“Work”) to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, Premises or any changes which shall involve changes electrical, mechanical or fire protection facilities pertaining to the mechanical or HVAC systems, shall require Premises without the prior written consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the SublesseeLandlord. Any request for Sublessor's consent All Work shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's Tenant’s sole cost, cost and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, manner and all materials used shall conform be of a quality comparable to drawings those in the Premises and the Building and shall be in accordance with plans and specifications approved in writing by Sublessor Landlord. Landlord may require that all Work be performed under Landlord’s supervision, and Tenant shall reimburse Landlord for any actual costs reasonably incurred as a result of such supervision which shall not be disruptive charged for the installation of the overall operation Tenant Improvements noted in Section 5. 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 by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building 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 to the adequacy of the Airportdesign, 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 contractors engaged by Sublessee to perform such work alterations, additions and improvements except Tenant’s trade fixtures that do not become a part of the Building shall employ labor remain in and be surrendered with the Premises as a part thereof at the expiration or sooner termination of this Lease; provided, however, that can work in harmony Landlord may identify Required Removals on Tenant’s plans. Tenant shall comply with all elements of labor at the Airport.
(3) During the period of construction of any alterationapplicable laws, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability codes and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) regulations in connection with any alteration permitted pursuant to this Article 10all Work.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Atossa Genetics Inc)
Alterations. 10.1. The Sublessee Tenant shall have not make any alterations to the right Premises, or to make or construct the Project, including any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premisesexisting landscaping, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations Landlord’s prior written consent which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by witheld. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the Sublesseelaws of the state in which the Premises are located. Any request for Sublessor's consent alterations made shall remain on and be accompanied by preliminary engineering or architectural plans or, if consented to by surrendered with the Sublessor, working drawings. The consent Premises upon expiration of the Sublessor will be deemed granted if not withheld Term, except that Landlord may, within 15 30 days before or 30 days after request thereofexpiration of the Term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. If such consents are granted or deemed grantedLandlord so elects, all such work shall be done Tenant shall, at Sublessee's sole its own cost, and subject restore the Premises to the following covenants.
(1) All work condition designated by Landlord in its election, before the last day of the Term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations shall be done with due diligence in compliance with plans and specifications approved by Landlord, and in compliance with all applicable governmental laws, statutes and regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder such construction shall be performed in a good and workmanlike manner, manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall conform to drawings and specifications approved by Sublessor pay all costs for such construction and shall not be disruptive of keep the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations Project free and clear of all mechanics’ liens which may approve or disapprove accordinglyresult from construction by Tenant. * See Addendum Paragraph 11.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee 8.1 Tenant shall have not make any alterations, additions or improvements (collectively, “Alterations”) in or to the right to make or construct any cosmetic changes Premises, including, but not limited to the Building exterior or undertake interior, HVAC, and interior build-out, or make changes to locks on doors or alterations of the non- structural portions of the Building add, disturb or Premises, costing less than $50,000 in any way change any plumbing or wiring without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor prior written consent of such alterations. Any non-cosmetic changes or alterations Landlord, which shall either exceed the $50,000 cost or include structural changesmay be withheld, conditioned, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent in Landlord’s sole and absolute discretion.
8.2 All Alterations shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done made at Sublessee's Tenant’s sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)expense. All work performed hereunder with respect to any Alterations shall be performed in a good and workmanlike manner, shall conform be of a quality equal to drawings or exceeding the then-existing construction standards for the Premises and specifications approved by Sublessor 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 not be disruptive 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 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 overall operation 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 AirportPremises upon the expiration or sooner termination of the Lease Term. All contractors engaged 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 Sublessee Landlord, in Landlord’s sole and absolute discretion. Landlord reserves the right to perform such work shall employ labor that can work in harmony with require Tenant to remove any or all elements of labor at its trade fixtures and restore the AirportPremises to its original condition.
(3) During 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 period work done by or for Tenant on the Premises, and Tenant shall keep the Premises free and clear of construction all liens of whatever kind or nature. 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 alterationprohibited lien.
8.6 Any additional or other upgrades, Sublessee replacements or any contractor, subcontractor or sublessee alternations to the Premises required as part of Sublessee shall maintain or cause to be maintained the following insurance:
Alterations (i“Other Alterations”) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder performed by Tenant, at Tenant’s sole cost and shall provide coverage for the mutual benefit of Sublessorexpense, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection accordance with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA8.
Appears in 1 contract
Sources: Industrial Lease (1847 Holdings LLC)
Alterations. 10.1. The Sublessee Tenant shall have make no additions, changes, alterations or improvement (the right to make or construct any cosmetic changes "Work") to the Building Premises or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes Systems and Equipment pertaining to the mechanical or HVAC systems, shall require Premises without the prior written consent of the Sublessor, Landlord which shall not be unreasonably delayed withheld Landlord may impose as a condition of such consent such requirement as Landlord in its sole discretion deems necessary or withheld following desirable including, without limitation, the submission of plans and specifications for Landlord's prior written notice by approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Sublessee. Any request for Sublessor's consent Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirement as to the manner and times in which such Work shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease)done. All work performed hereunder Work shall be performed in a good and workmanlike manner, manner and all materials used shall conform be of a quality comparable to drawings or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Sublessor 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 total 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. If Landlord consents or supervises, the same shall not be disruptive deemed a warranty as to the adequacy of the overall operation design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the AirportWork.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Office Lease (N2h2 Inc)
Alterations. 10.1Tenant may make alterations, additions or improvements to the Premises, including any Tenant's Work identified on attached Exhibit C ("Alterations"), with the prior written consent of Landlord, provided that Landlord will not unreasonably withhold or delay its consent to nonstructural Alterations. The Sublessee term "Alterations" shall have not include the right installation of shelves, movable partitions, Tenant's equipment, and trade fixtures which may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord's consent shall not be required for Tenant's installation of those items. Tenant shall complete all Alterations at Tenant's expense in compliance with all applicable laws and in accordance with plans and specifications approved by Landlord, using contractors approved by Landlord, and in a manner so as to make or construct not unreasonably interfere with other tenants. Landlord shall be deemed the owner of all Alterations except for those which Landlord requires to be removed at the end of the Lease term. Tenant shall remove all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration. Tenant shall immediately repair any cosmetic changes damage to the Building or undertake changes or alterations Premises caused by removal of Alterations. Notwithstanding the non- structural portions foregoing, Landlord agrees to permit Tenant to install a rooftop antenna and satellite dish, subject to the terms of this paragraph. Prior to installation, Tenant shall submit plans and specifications regarding the Building or Premisesantenna and satellite dish installation, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor contents and location of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes be subject to the mechanical or HVAC systems, shall require the consent of the SublessorLandlord's prior written approval, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee The installation shall submit drawings of proposed signs and information on the number, size, typebe performed by a contractor approved by Landlord, and location, shall be accomplished in such a way as to not affect or compromise the Building roof warranty. At all of which Sublessor times during and PDA may review for harmony and conformity with after the overall structure and architectural and aesthetic setting installation of the Building antenna and satellite dish, Tenant shall not permit any water penetration as a result of the Airport as well as installation, operation, maintenance, repair or removal of the antenna and satellite dish. Tenant's use and operation of the antenna and satellite dish shall not interfere with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision telecommunications or other system serving the Building or the Property. Tenant shall pay, upon demand, the cost of any utilities needed to operate the antenna and satellite dish. Upon termination of this SubleaseLease, Tenant shall, unless otherwise directed by Landlord, remove the right of Sublessee to place or construct alterations inantenna and satellite dish, to, or upon and leave the Subleased Premises shall be subject to Condition 17 of the Master Leaseroof in watertight condition following such removal.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Virage Logic Corp)
Alterations. 10.1Tenant shall make no alterations, additions or improvements in or to the Premises without 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 Sublessee 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 right 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 make mechanical installations or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions service facilities of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and interfere with the provisions moving of Article 22 of this SubleaseLandlord's equipment to or from the enclosures containing said installations or facilities. This obligation shall include compliance with Tenant covenants and agrees that all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder 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's own cost and expense, a good completion and workmanlike mannerlien indemnity bond satisfactory to Landlord for said work and such other comprehensive general public liability insurance, builders risk insurance, and other such insurance coverages so as to protect the insurable interests of Landlord, Tenant, contractors and subcontractors in amounts and on forms as may be 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 filing thereof, at the sole cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including without limitation, all wall coverings, floor coverings, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Term or upon earlier termination; provided, however, that Landlord may, by written notice to Tenant, require Tenant to remove all improvements, alterations and additions made by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall conform pay to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform Landlord all costs arising from such work shall employ labor that can work in harmony with all elements of labor at the Airportremoval.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1(a) Tenant shall not, without the prior written consent of Landlord, make any alterations, improvements or additions to the Premises. The Sublessee 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, 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 its completion free of mechanics', materialmen's and similar liens or claims thereof. Tenant shall not be obligated to provide security for such alterations. 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. 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 option, to directly supervise the work, which supervision shall be for the protection of Landlord's interest only.
(b) 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 Paragraph 21. All work performed by Landlord under this subparagraph 8(b) shall be subject to the provisions of subparagraph 8(a).
(c) All alterations, additions or improvements made by Tenant and all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises or, at Landlord's option, any or all of the foregoing shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation or 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, or in the Building, except on the entrance doors of the Premises, and then only of such size, color and style as Landlord may approve. Landlord shall have the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit unauthorized signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDATenant's own land use control regulations and may approve or disapprove accordinglyexpense.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Kbkids Com Inc)
Alterations. 10.1. The Sublessee (a) Lessee shall have have, upon notice to Lessor but without Lessor's consent, the right to make such alterations, additions, or construct any cosmetic changes improvements in or to the Building Premises as it shall consider necessary or undertake changes or alterations desirable for the conduct of its business, the cost of which in each case does not exceed $5,000.00 (excepting any work requiring roof penetrations regardless of the non- structural portions cost of such work). All other alterations, additions, or improvements (including any work requiring roof penetrations regardless of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor cost of such alterations. Any non-cosmetic changes or alterations which work) shall either exceed not be made without first obtaining the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the written consent of the SublessorLessor, which consent shall not be unreasonably delayed withheld or withheld following written notice by the Sublesseedelayed. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all Pacific Freeport Industrial Park Page 5 (Westinghouse Electric Corporation) All such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, and the structural integrity of any building shall conform be not impaired, and that no liens shall attach to drawings and specifications approved the Premises by Sublessor and shall not be disruptive reasons thereof. Upon the termination of this Lease, such alterations, additions, or improvements shall, at the option of the overall operation Lessor, (1) become the property of Lessor, or (2) be removed by the Lessee provided that any part of the Airport. All contractors engaged Premises affected by Sublessee such removal shall be restored to perform such work shall employ labor that can work in harmony with all elements of labor at the Airportits original condition, reasonable wear and tear excepted.
(3b) During Lessee shall have the period right to install in or place on the Premises such fixtures, machines, tools, or other equipment (including but not limited to trade fixtures, lighting fixtures, water coolers, and air conditioning equipment) as it may choose. Such fixtures, machines, tools, or other equipment shall at all times remain the personal property of construction Lessee regardless of the manner or degree of attachment thereof to the Premises and may be removed at any time by Lessee whether at the termination of this Lease or otherwise; provided, however, that any part of the Premises affected by such removal shall be restored to its original condition, reasonable wear and tear excepted.
(c) Notwithstanding whether Lessor's consent is required for any alteration, Sublessee addition, improvement or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause change to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under Lessee specifically agrees that Lessee will not make any penetration whatsoever into the laws floor of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all building of which Sublessor the Premises are a part unless and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises until Lessor shall be subject to Condition 17 of the Master Lease.
10.4. In addition have specifically agreed to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to placement of any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDAsuch penetration.
Appears in 1 contract
Sources: Lease Agreement (CDW Holding Corp)
Alterations. 10.1Tenant shall make no alterations, additions or improvements to the Premises (any of the foregoing being “Tenant Work”) without the prior written consent of Landlord and only in accordance with the requirements of this Lease and Landlord’s rules and regulations under Section 5.4. The Sublessee Notwithstanding the foregoing, after notice to Landlord but without any requirement for Landlord’s consent, Tenant may perform (i) cosmetic or decorative alterations in the Premises and (ii) other alterations which do not affect the Building’s structure or base building systems and which cost no more than $100,000 in the aggregate for a single project, provided that all such alterations are made in accordance the applicable provisions of this Lease, including without limitation this Section 5.9. Tenant shall obtain all state, local and other necessary permits before undertaking any such alterations, additions or improvements and shall carry such insurance (naming the Indemnitees as additional insureds) and with respect to any project that costs more than $500,000 obtain such payment, performance and ▇▇▇▇ ▇▇▇▇▇ as Landlord shall require (provided that so long as Tenant has not been in monetary default under this Lease on more than three [3] occasions, subject to any applicable notice and cure periods, then Landlord shall not require Tenant to obtain such bonds). Prior to commencing work, Tenant’s contractors shall provide certificates of insurance to Landlord evidencing that such contractors have sufficient insurance to complete the right portion of the Tenant Work for which they are responsible, in such form and amounts as may be approved by Landlord in advance. Any alterations, additions and improvements to the Premises, except movable furniture and trade fixtures, shall belong to Landlord. All alterations, additions and improvements to the Premises shall be at Tenant’s sole cost. Tenant shall pay, when due, the entire cost of all Tenant Work so that the Premises shall always be free of liens for labor or materials. If any mechanic’s lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Building which is claimed to be attributable to Tenant, its agents, employees, contractors, or persons working under Tenant’s direction or control, then Tenant shall give Landlord immediate notice of such lien and shall discharge the same by payment or filing any necessary bond within ten (10) days after Tenant has notice (from any source) of such lien. Landlord may, as a condition of its approval of any Tenant Work project that costs more than $500,000, require Tenant to deposit with Landlord a bond, letter of credit or other similar security in the amount of Landlord’s reasonable estimate of the value of such Tenant Work securing Tenant’s obligations to make or construct payments for such Tenant Work (provided however that so long as Tenant has not been in monetary default under this Lease on more than three [3] occasions, subject to any cosmetic changes applicable notice and cure periods. then Landlord shall not require Tenant to provide any such security). Landlord’s approval of the construction documents shall signify Landlord’s consent to the Building work shown thereon only and Tenant shall be solely responsible for any errors or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterationsomissions contained therein. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent approval of the Sublessor, which Landlord required under this Section 5.9 shall not be unreasonably delayed withheld, conditioned or withheld following written notice by the Sublesseedelayed. Any request for Sublessor's A consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of required from Landlord under this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and Section 5.9 with respect to whom death or bodily injury claims could a particular Tenant Work matter may be asserted against PDA, Sublessor, Sublessee or deemed given in accordance with the Subleased Premises, with statutory limits as then following procedure. Tenant shall provide an initial written notice to Landlord (which shall include all materials required under this Section 5.9) with the laws following written on the outside of the State of New Hampshiredelivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN TWENTY DAYS SHALL RESULT IN THE DEEMED APPROVAL OF A TENANT WORK MATTER AFFECTING ALTUS PHARMACEUTICALS INC.
’S TENANCY AT 333 ▇▇▇▇▇ STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to such request within twenty (420) Sublessee days after delivery to Landlord, Tenant shall provide Sublessor and PDA another written notice to Landlord (which shall also include all materials required under this Section 5.9) with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior following written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting outside of the Building and delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF A TENANT WORK MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 333 ▇▇▇▇▇ STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to such second notice within five (5) Business Days after delivery to Landlord, then the Airport as well as consent required from Landlord with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any respect to such Tenant Work matter (but no other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises matter) shall be subject to Condition 17 of the Master Leasedeemed given.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have the right to not make or construct any cosmetic changes alterations to the Building Premises or undertake changes or alterations the Business Park without Landlord's prior written consent. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the non- structural portions state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Building Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, costing less than $50,000 without obtaining Sublessor's approval provided that Tenant shall contract with a contractor approved by Landlord for the Sublessee shall notify the Sublessor construction of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, secure all such work shall be done at Sublessee's sole costappropriate governmental approvals and permits, and subject to the following covenants.
(1) All work and shall complete such alterations shall be done with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction related work.
(2) All alterations shall be of such a character as by Tenant. Provided, however, Landlord hereby consents to the Tenant's Improvements outlined on Exhibit Al hereto and will not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes require Tenant to remove such alterations and restore these improvements at the Premises upon expiration or termination of the Lease). All work performed hereunder shall With respect to future alterations or improvements, Tenant may request Landlord to determine, as part of their approval process, whether or not they will require said alteration or improvement to be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive removed at the expiration or termination of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee 8.01 Tenant shall have make no decoration, alteration, addition or improvement in the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which consent shall not be unreasonably withheld, delayed or withheld following written notice conditioned, and then only by contractors or mechanics and in such manner and time, and with such materials, as approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. All alterations, additions or improvements to the SublesseePremises, except movable office furniture and trade equipment installed at the expense of Tenant (including, without limit, kitchen equipment, such as ovens, and/or refrigeration, and/or freezers (collectively, the “Kitchen Equipment”), and audio equipment, including without limit, speakers, subwoofers, loudspeakers, televisions, and/or other audio-visual screens and/or equipment (the “Audio Equipment”), which Tenant may elect to remove as of Lease end, in its sole discretion in which event Tenant shall repair any damage to the Premises caused by such removal), shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall be surrendered with the Premises, at the expiration or sooner termination of the term of this Lease. Any request such alterations, additions and improvements which Landlord shall designate shall be removed by Tenant and any damage repaired, at Tenant’s expense, prior to the expiration of this Lease.
8.02 Tenant shall arrange to provide to Landlord all plans and specifications for Sublessor's Tenant’s Initial Alterations (as defined below) that Tenant wishes to perform at the Premises. Notwithstanding anything herein to the contrary, after execution of this Lease, Tenant shall provide all plans to Landlord for Landlord’s review and prior written consent for all Alterations (exceeding $75,000.00 in cost to perform) for Landlord’s prior written consent, which consent shall not be accompanied by preliminary engineering unreasonably withheld delayed or architectural conditioned, to the extent plans orare necessary to be filed in connection with the performance of said work. Landlord shall have ten (10) business days to approve of same, if consented a failure of which to by disapprove in writing shall be deemed an approval.
8.03 Anything hereinabove to the Sublessorcontrary notwithstanding, working drawings. The consent Landlord will not unreasonably withhold, condition or delay approval of written requests of Tenant to make nonstructural interior alterations, decorations, additions and improvements (herein referred to as “Alterations”) in the Premises, provided that such Alterations do not affect utility services or plumbing and electrical lines or other systems of the Sublessor will Building and do not affect and are not visible from any portion of the Building outside of the Premises. All Alterations shall be performed in accordance with the following conditions:
(i) Prior to the commencement of any Alterations costing more than $75,000.00, or to the extent same are required by applicable law, Tenant shall first submit to Landlord for its approval detailed dimensioned coordinated plans and specifications, including layout, architectural, mechanical, electrical, plumbing and structural drawings for each proposed Alteration. Landlord shall have ten (10) business days to approve of same, a failure of which to disapprove in writing shall be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenantsan approval.
(1ii) All work Alterations in and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike mannermanner and in accordance with the Building’s rules and regulations governing Tenant Alterations. Prior to the commencement of any such Alterations, shall conform Tenant shall, at its sole cost and expense, obtain and exhibit to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform Landlord any governmental permit required in connection with such work shall employ labor that can work in harmony with all elements of labor at the AirportAlterations.
(3iii) During All Alterations shall be done in compliance with all other applicable provisions of this Lease and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the period Americans with Disabilities Act of construction 1990 and New York City Local Law No. 5 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law Nos. 57, 76 and 87 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos and other hazardous materials, which work, if required, shall be effected at Tenant’s sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord’s rules and regulations thereon.
(iv) Tenant shall keep the Building and the Premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the Premises.
(v) Prior to the commencement of any alterationwork by or for Tenant, Sublessee or any contractor, subcontractor or sublessee Tenant shall furnish to Landlord certificates evidencing the existence of Sublessee shall maintain or cause to be maintained the following insurance:
(ia) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's Workmen’s compensation insurance covering all persons employed in connections with the for such work and with respect to whom death or bodily injury claims could be asserted against PDALandlord, Sublessor, Sublessee Tenant or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4b) Sublessee Broad form general liability insurance written on an occurrence basis naming Tenant as an insured and naming Landlord and its designees as additional insureds, with limits of not less than $3,000,000 combined single limit for personal injury in any one occurrence, and with limits of not less than $1,000,000 for property damage (the foregoing limits may be revised from time to time by Landlord to such higher limits as Landlord from time to time reasonably requires). Tenant, at its sole cost and expense, shall cause all such insurance to be maintained at all time when the work to be performed for or by Tenant is in progress. All such insurance shall be obtained from a company authorized to do business in New York and shall provide Sublessor that it cannot be canceled without thirty (30) days prior written notice to Landlord. All polices, or certificates therefor, issued by the insurer and PDA bearing notations evidencing the payment of premiums, shall be delivered to Landlord. Blanket coverage shall be acceptable, provided that coverage meeting the requirements of this paragraph is assigned to Tenant’s location at the Premises. In addition, Tenant shall ensure that its architect(s) shall maintain professional liability insurance coverage for the plans that Landlord is requested to review under this Article.
(i) In granting its consent to any Alterations, Landlord may impose such conditions as to guarantee of completion (including, without limitation, requiring Tenant to post additional security or a bond to insure the completion of such Alterations, payment, restoration or otherwise), as Landlord may reasonably require.
(ii) All work to be performed by Tenant shall be done in a manner which will not unreasonably interfere with MYLAR or disturb other tenants and occupants of the Building.
(iii) The review and/or approval by Landlord, its agents, consultants and/or contractors, of any Alteration or of plans and specifications therefor and the coordination of such Alteration work with the Building, as described in part above, are solely for the benefit of Landlord, and neither Landlord nor any of its agents, consultants or contractors shall have any duty toward Tenant; nor shall Landlord or any of its agents, consultants and/or contractors be deemed to have made any representation or warranty to Tenant, or have any liability, with respect to the safety, adequacy, correctness, efficiency or compliance with laws of any plans and specifications, Alterations or any other matter relating thereto.
(iv) Promptly following the substantial completion of any Alterations, Tenant shall submit to Landlord (i) an electronic version (using a current version of Autocad or such other similar software as is then commonly in use) of final, “as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect built” plans for the Premises showing all such Alterations and maintain suitable monument demonstrating that such Alterations were performed substantially in accordance with plans and on Building back lit signs at the Subleased Premises upon receiving the prior written approval specifications first approved by Landlord and (ii) Tenant’s certification of Sublessor completion, payment and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, typeacceptance, and location, all governmental approvals and confirmations of which Sublessor and PDA may review completion for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglysuch Alterations.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have the right to not make any alterations, additions, improvements or construct any cosmetic changes decorations to the Building or undertake changes or alterations of the non- structural portions of the Building or PremisesPremises without Landlord’s prior written consent, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans orand Tenant shall, if consented requested by Landlord, furnish Landlord with plans and specifications, names and addresses of contractors, copies of contracts necessary permits and indemnification in form and amount satisfactory to by Landlord, and Tenant shall, in exchange for payment for any work, cause its contractors, all sub-contractor(s) and any party providing materials for any work, to file valid and effective waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with any such work. Tenant hereby agrees to indemnify and hold harmless Landlord, its agents and employees from any and all liabilities of every kind and description which may arise out of or be connected in any way with any such work. Before commencing any such work, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord in such amounts as Landlord deems appropriate against any and all liabilities which may arise out of or be connected in any way with such work. Tenant shall pay the Sublessor, working drawings. The consent cost of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work and also the cost of decorating the Premises occasioned by such work. Upon completing any such work, Tenant shall be done at Sublessee's sole costfurnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. Tenant shall obtain valid and effective lien waiver(s) from each sub-contractor, contractor or material provider in exchange for all payments made to such sub-contractor, contractor, or provider of materials for any such work. All such work shall comply with all insurance requirements, with all of Landlord’s Rules and Regulations, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulationslaws (including, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and but not limited to The Americans with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22Disabilities Act), including obligations imposed upon Sublessor ordinances, and regulations. If any such work results in respect a change in the heating, cooling or ventilating load in the Premises, Tenant shall, at its expense but at Landlord’s option, either modify the existing systems or provide supplementary heating, ventilating and/or air conditioning systems or equipment necessary to construction and construction related work.
(2) All alterations accommodate such load change. Tenant shall be of perform or cause such a character as not work to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good manner that will not interfere with or impair the use and workmanlike manner, shall conform to drawings and specifications approved enjoyment of any other portion of the Building by Sublessor and Landlord and/or other tenants. Tenant shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction permit any lien or claim for lien of any alterationmechanic, Sublessee laborer or supplier or any other lien to be filed against the Building, the land upon which the Building is situated, the Premises, or any part thereof arising out of work performed, or alleged to have been performed by, or under the direction of, or on behalf of Tenant. If any such lien or claim for lien is filed, Tenant immediately shall either have such lien or claim for lien released of record or shall deliver to Landlord a bond in form, content and amount satisfactory to Landlord, indemnifying Landlord and anyone else designated by Landlord against all costs and liabilities resulting from such lien or claim for lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien or claim for liens released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same and Tenant shall reimburse Landlord as additional rent upon demand for the amount so paid by Landlord, including Landlord’s expenses and attorneys’ fees. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance (on behalf of or for the benefit of Landlord) by any contractor, subcontractor laborer, materialman or sublessee vendor, of Sublessee shall maintain any labor or cause services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Premises or any part thereof. Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be maintained furnished to Tenant, or to anyone holding an interest in the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named Leased Premises or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered part thereof through or under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundationsTenant, and footings) under broad form all risk builder's risk completed value form that no mechanic’s or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDAPremises.
Appears in 1 contract
Alterations. 10.1. The Sublessee Licensee shall have the right to not make any changes, ------ ----------- additions, improvements, alterations or construct any cosmetic other physical changes to the Building or undertake changes or alterations of the non- structural portions of Licensed Space, the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changesany portions thereof, or any changes which shall involve changes of the systems therein or thereon (referred to collectively as "Alterations" and singly as an ----------- "Alteration") without the mechanical or HVAC systems, shall require the prior written consent of Licensor in each instance, ---------- and in the Sublessorevent that Licensor grants such consent, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent such Alteration shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done made in compliance with all applicable governmental regulationsLegal Requirements and performed in a manner and at such times as Licensor reasonably designates and such Alterations or installations shall not, codesin any event, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and interfere with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions use and operation of the FFA Building by Licensor or any tenant, licensee, occupant or user thereof. Without limiting the aforesaid, Licensee agrees that (as defined in Article 22), including obligations imposed upon Sublessor in respect a) prior to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce any Alterations by Licensee or the value and usefulness installation of any of Licensee's equipment in the Licensed Space, Licensee shall submit detailed plans and specifications of the planned Alteration or installation to Licensor for Licensor's approval, provided that in no event will Licensor's approval of such plans be deemed a representation that they comply with applicable Legal Requirements, and will not cause interference with communication operations of Licensor, or any tenant, licensee, user or occupant of the Building or other improvements below their value and usefulness immediately before any such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder Alterations shall be performed made only in a good and workmanlike manner, shall conform to drawings accordance with the plans and specifications approved by Sublessor and shall not be disruptive Licensor, (b) all contractors performing any Alterations, modification or maintenance work on behalf of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor Licensee at the Airport.
(3) During Licensed Space or in the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and Building shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant subject to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDALicensor prior to the commencement of such work, the which approval of Sublessor shall not to be unreasonably withheld withheld. In the event Licensor or delayedits agents employ any independent architect or engineer to examine any plans or specifications submitted by Licensee to Licensor in connection with any proposed Alteration, Licensee agrees to pay to Licensor a sum equal to any reasonable fees incurred by Licensor in connection therewith. Sublessee Nothing in this License Agreement shall submit drawings be construed in any way as constituting the consent or request of proposed signs and information on Licensor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialmen, for the number, size, type, and location, all performance of which Sublessor and PDA may review any labor or the furnishing of any material for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, specific Alteration to, or repair of, the Licensed Space, the Building, or any part thereof. Any mechanic's or other lien filed against the Building, or the real property on which the Building is situated, for work claimed to have been done for, or materials claimed to have been furnished to, Licensee or any person claiming through or under Licensee or based upon the Subleased Premises any act or omission or alleged act or omission of Licensee or any such person shall be subject to Condition 17 discharged by Licensee (by bond or otherwise) at Licensee's sole cost and expense, within twenty (20) days after the filing of the Master Leasesuch lien.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: License Agreement (Cdnow N2k Inc)
Alterations. 10.1Tenant shall not make any additions, alterations or improvements in or to the Leased Premises ("Alterations") without Landlord's written consent. The Sublessee shall Landlord will review, within 30 calendar days of notification, any permanent physical changes to the 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 make veto any work proposed that does not meet its programming or construct interpretive goals. Tenant shall not permit or allow any cosmetic changes 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 Building Leased Premises by either Landlord or undertake changes or alterations Tenant, including any attached fixtures and equipment installed by Tenant, shall, at the option of the non- structural portions Landlord, become the property of Landlord and be surrendered with the Building Leased Premises at the termination of this Lease or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that be removed by Tenant at its expense and the Sublessee shall notify the Sublessor of such alterationsLeased Premises restored to its original condition. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes Subject to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 this paragraph, Tenant may remove all other fixtures and 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 termination of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations Lease shall be deemed abandonment of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor property at the Airportoption of Landlord.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement
Alterations. 10.18.1 Tenant shall not, without the prior written consent of Landlord, make any repairs, replacements, alterations, improvements, or additions to the Premises (collectively, "Alterations"). The Sublessee In the event Tenant desires to make any Alterations pursuant to this Article 8, 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 information that Landlord may 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 work in reasonable detail; (ii) Furnishing Landlord with the names and addresses of all contractors and copies of all contracts with such 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 Landlord naming Landlord as an additional insured; and (v) Complying with such other requests as Landlord may reasonably make in connection with such work. All such work shall, at Landlord's election, be subject to supervision by Landlord, and Tenant shall promptly pay Landlord the reasonable cost of all such supervision.
8.2 Tenant hereby agrees to protect, defend, indemnify, and hold Landlord harmless from any and all liabilities of every kind and description that may arise out of or in connection with such Alterations. This indemnity obligation shall survive the expiration of the Term and the termination of this Lease.
8.3 Upon completing any such Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and material expended and used.
8.4 All Alterations shall comply with all insurance requirements and with all applicable Legal Requirements, and shall be constructed in compliance with the plans, specifications and other documentation as approved by Landlord. All Alterations shall be constructed in a good and workmanlike manner and only new, good quality materials shall be used.
8.5 All Alterations, whether temporary or permanent in character, shall become Landlord's property and shall remain upon the Premises at the 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 make or construct any cosmetic changes require Tenant to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of remove such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done Alterations at SublesseeTenant's sole cost, cost and subject to the following covenants.
(1) All work and alterations shall be done expense in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and accordance with the provisions of Article 22 17 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease for Office / Warehouse Building (Saving Energy Solar Inc.)
Alterations. 10.1. The Sublessee shall have (a) After the right commencement of the Interim Term, Lessee may, at its expense, make additions to make or construct any cosmetic changes to the Building or undertake changes or and alterations of the non- structural portions Improvements and construct additional Improvements, provided that (i) the fair market value of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which Premises shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans orlessened thereby, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all (ii) such work shall be done at Sublessee's sole cost, expeditiously completed in a good and subject to the following covenants.
(1) All work workmanlike manner and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety Legal Requirements and building codes the requirements of all insurance policies required to be maintained by Lessee hereunder and Land Use Regulations promulgated by PDA (iii) no Improvements shall be demolished and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All no structural alterations shall be of such a character as not made to materially reduce the value and usefulness of any of Improvements which, after the Bond Date, shall be deemed to mean only that the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee demolished unless Lessee shall have first furnished Lessor with such surety bonds or other security acceptable to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and Lessor as shall be maintained for necessary to assure rebuilding of such Improvements (which, after the limits specified thereunder and shall provide coverage for the mutual benefit of SublessorBond Date, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect deemed to any alterationmean only the Building) and unless Lessor’s prior consent shall have been obtained, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee which consent shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee All such additions and alterations shall submit drawings of proposed signs be and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting remain part of the Building realty and the Airport as well as with PDA's own land use control regulations property of Lessor and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 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 may remove the same at any time during the term of this Lease. Lessee shall repair any damage to the Master LeasePremises 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 prior approval of Lessee.
10.4. In addition (b) After the Bond Date, Lessor shall reasonably cooperate with Lessee (at no cost to Lessor) and sign any application to the requirements 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 notice to Sublessor and PDA under this Article 10 any affidavits of officers or employees of Lessor or legal opinions in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDAconnection therewith.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenant shall have not make any alterations to the right Premises, or to make or construct the Project, including any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premisesexisting landscaping, costing less than $50,000 without obtaining SublessorLandlord's approval provided that the Sublessee shall notify the Sublessor of prior written consent. If Landlord gives its consent to such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done Landlord may post notices in compliance accordance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee Washington. Any alterations made shall provide Sublessor remain on and PDA be surrendered with MYLAR as-built drawings when the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alteration other than cosmetic changes authorized hereunder alterations which Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs given, whichever is later, provided that the "condition designated by Landlord" must be either the condition of the Premises at the Subleased time of completion of the initial Premises upon receiving Improvements or such other condition as would require no greater restoration cost than would be required to restore the prior written approval Premises to the condition at the time of Sublessor completion of the initial Premises Improvements. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, typepermits, and location, all of shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All such construction shall be performed in a manner which Sublessor and PDA may review for harmony and conformity will not interfere with the overall structure and architectural and aesthetic setting quiet enjoyment of other tenants of the Building Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Airport as well as with PDA's own land use control regulations Project free and clear of all mechanics' liens which may approve or disapprove accordinglyresult from construction by Tenant.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Sources: Lease Agreement (Sonosight Inc)
Alterations. 10.1. The Sublessee Lessee shall have the right to not make any alterations, additions or construct any cosmetic changes improvements to the Building or undertake changes or alterations of the non- structural portions of the Building or PremisesPremises (including, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changeslimitation, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, roof and subject to the following covenants.
(1wall penetrations) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving without the prior written approval of Sublessor Lessor of the plans and PDAspecifications for said alterations, the which approval of Sublessor shall not to be unreasonably withheld or delayeddelayed by Lessor. Sublessee All work shall submit drawings be performed by a contractor or contractors who shall be reasonably approved in writing by Lessor. All work shall be 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 proposed signs Lessor, but at its own cost and information on expense and in good workmanlike manner erect such shelves bins, machinery and other trade fixtures as it may deem advisable, without altering the number, size, typebasic character of the building or improvements and without overloading such building or improvements, and locationin each case after complying with all applicable governmental laws, all ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Lessee shall be and remain the property of which Sublessor Lessee during the term of this Lease and PDA may review for harmony and conformity with shall become the overall structure and architectural and aesthetic setting property of Lessor as of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision date of termination of this Sublease, the right of Sublessee to place or construct alterations in, toLease, or upon earlier vacating of the Subleased Premises Premises, and the title shall pass to lessor under this Lease as by a bill of sale. All shelves, bins, machinery and trade fixtures instal▇▇▇ by Lessee may be removed by the lessee prior to the termination of this Lease, if the Lessee so elects, and shall be subject to Condition 17 removed by the date of termination of this Lease or upon earlier vacating of the Master Lease.
10.4Premises if required by lessor, upon any such removal Lessee shall restore the Premises to a good and tenantable condition. In addition All such removals and restoration shall to accomplished in a good workmanlike manner so as not to damage the requirements to provide notice to Sublessor primary structure, roof or structural qualities of the building and PDA under this Article 10 in respect other improvements within which the Premises are situated. If Lessor shall consent to any alterationalterations, Sublessee additions or improvements proposed by Lessee, Lessee shall also provide notice to Air Force, EPA construct and NHDES in maintain the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 all then existing governmental laws, ordinances, rules and regulations. Prior to commencing any work or installing any equipment in excess of $5,000.00 in, on or about the Master Lease to the same extent required of Sublessor and PDA.Premises, Building or Property, Lessee shall:
Appears in 1 contract
Sources: Business Lease (Sano Corp)
Alterations. 10.1. The Sublessee LESSEE shall have the right to make or construct any cosmetic changes to the Building or undertake changes or no alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changesin, or additions to, said Demised Premises without first obtaining LESSOR's written consent. At the termination and/or expiration of this lease or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans orrenewal thereof, if consented to LESSOR so elects, LESSEE shall, at LESSEE's expense, remove all alterations, additions, improvements and partitions erected by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations LESSEE and restore the Demised Premises upon termination to their original condition; otherwise such improvements shall be delivered up to LESSOR with the Demised Premises, and shall become the absolute property of the LeaseLESSOR 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 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 connection with the installation or removal of said personal property and improvements, and restore the Demised Premises to their original condition ordinary wear and tear excepted. All work performed hereunder 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 the cost of such removal. LESSOR may have any such property stored at LESSEE's expense. All such removals and restoration shall be performed accomplished in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee manner so as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld damage the primary structure or delayed. Sublessee shall submit drawings of proposed signs structural qualities and information other improvements situated on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building Demised Premises and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglybuilding in which the Demised Premises are located.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
Appears in 1 contract
Alterations. 10.1. The Sublessee Tenants shall have the right to not make any alterations, additions or construct any cosmetic changes improvements ("Alterations") to the Building or undertake changes or alterations of Premises without the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the prior written consent of the SublessorLandlord, which shall not consent may in Landlord's sole discretion be unreasonably delayed or withheld following written notice by the Sublesseewithheld. Any Each request for Sublessor's consent shall be accompanied by preliminary engineering plans detailing the proposed Alteration. In connection with any request, Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. If Landlord shall consent to any Alterations, Tenant shall construct the same in accordance with all Laws and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guarantees of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', materialmen's or architectural plans orother liens. At the time of completion of each Alteration, if consented Tenant shall deliver to Landlord a set of final "as-built" plans. All Alterations and partitions erected by Tenant shall be and remain the Sublessorproperty of Tenant during the Term and Tenant shall, working drawings. The consent unless Landlord otherwise elects at the time of termination, remove all Alterations and partitions erected by Tenant ( but not any improvements erected for Tenant by Landlord at the commencement of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1Term) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon to their original condition by the date of termination of this Lease or upon earlier vacating of the LeasePremises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises; upon any such removal Tenant shall restore the Premises to their original condition (including the removal of all fastening bolts and the patching of the walls and floors where necessary). All work performed hereunder such removals and restoration shall be performed accomplished in a good and workmanlike manner, shall conform manner so as not to drawings and specifications approved by Sublessor and damage the primary structure or structural qualities of the Building. Tenant shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of install any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master LeaseBuilding.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
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Alterations. 10.1. The Sublessee Tenant shall have the right to not make or construct suffer to be made any cosmetic changes alterations, additions or improvements to the Building 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 undertake changes other fixture or alterations equipment on the roof or exterior of the non- structural portions 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 Tenant’s sole cost and expense, shall conform to plans and specifications approved by Landlord, be carried out only during hours approved by Landlord by licensed contractors selected by ▇▇▇▇▇▇ and approved in writing by Landlord, who shall deliver to Landlord before commencement of the 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 Landlord (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), which shall remain in effect during the entire period in which the work shall be 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 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 stand against the Premises for any labor or materials provided to the Premises by any contractor or other person hired or retained by ▇▇▇▇▇▇. Tenant shall place no signs on the Building, in the windows of the Building or Premisesoutside the Building, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee except as specifically approved in advance by Landlord. All signs shall notify the Sublessor of such alterationsbe installed by a license contractor approved by Landlord. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changesTenant, or any changes which shall involve changes to the mechanical or HVAC systemsat Tenant’s expense, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublesseeobtain all municipal permits and approvals required for its signs. Any request for Sublessor's consent No locks shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving 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 safety thereof, notwithstanding any approval of Sublessor the plans and PDAspecifications for the alterations. Tenant shall defend, indemnify, and hold Landlord harmless for, from and against any mechanics’ or 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 approval of Sublessor not lien or otherwise cause it to be unreasonably withheld or delayed. Sublessee discharged, in which case Tenant shall submit drawings of proposed signs immediately reimburse Landlord for all amounts so expended and information on the numberall related expenses, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordinglyincluding attorneys’ fees.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
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Sources: Retail Triple Net Lease
Alterations. 10.18.01 (A) Tenant shall make no decoration, alteration, addition or improvement in the Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and time, and with such materials, as approved by Landlord. The Sublessee Subject to all of the other provisions of this Article 8, Landlord shall have the right to make or construct any cosmetic changes not unreasonably withhold its consent to the Building or undertake changes or alterations performance of work and improvements in the non- structural portions Premises by contractors employing union labor with the proper jurisdictional qualifications provided, however, that (i) all work affecting the Building’s “Class E” system shall be performed by Landlord’s designated contractor and all plan filings with the Department of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval Buildings shall be performed by Landlord’s designated expeditor and Landlord’s designated consulting engineer provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice hourly rates and/or fees charged by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building foregoing must be consistent with those found in Class “A” high-rise office buildings located in midtown Manhattan, and (ii) Landlord's previous experience with a contractor, and concerns regarding the financial stability of, and any criminal proceedings currently or other previously pending against, a contractor or mechanic may form a basis upon which Landlord may withhold its consent. All alterations, additions or improvements below their value to the Premises, including air-conditioning equipment and usefulness immediately before such alteration (duct work, except movable office furniture and trade equipment installed at the expense of Tenant, shall, unless Sublessee undertakes to remove such alterations Landlord elects otherwise in writing, become the property of Landlord, and restore shall be surrendered with the Premises upon Premises, at the expiration or sooner termination of the term of this Lease). All work performed hereunder Any such alterations, additions and improvements which Landlord shall designate shall be performed in a good removed by Tenant and workmanlike mannerany damage repaired, at Tenant’s expense, prior to the expiration of this Lease. Landlord shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform make such work shall employ labor that can work in harmony with all elements of labor designation at the Airport.
(3) During the period time that consent to such alteration, addition or improvement is given provided that Tenant attaches, as part of construction its request for such consent, a separate written notice specifically referencing this provision and advising Landlord that Landlord is required to make such designation as part of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10such consent given by Landlord hereunder.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
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Alterations. 10.1. The Sublessee Additions and Improvements Lessee shall have the right to not make any alterations, additions, or construct any cosmetic changes improvements on or to the Building or undertake changes or alterations of premises without first obtaining the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require the written consent of the SublessorLessor, which consent shall not be unreasonably delayed or withheld following written notice by the Sublesseewithheld. Any request for Sublessor's consent work, performed by Lessee shall be accompanied at Lessee's expense, and Lessee shall use contractors or mechanics first approved by preliminary engineering Lessor, which approval shall not be unreasonably withheld. All fixtures and all paneling, partitions, railing and like installations, installed in the premises at any time by Lessee shall, upon installation, become the property of Lessor and shall remain upon and be surrendered with the leased premises unless Lessor, by notice to Lessee no later than twenty days prior to the date fixed as the termination of the Lease, elects to relinquish Lessor's rights thereto and to have them removed by Lessee, in which event, the same shall be removed from the premises by Lessee on or architectural plans orbefore the expiration of the Lease, at Lessee's expense. Nothing contained in this provision shall prevent Lessee from removing all office furniture or machines, equipment, and trade fixtures customarily used in the business of the Lessee. Notwithstanding the foregoing, at the expiration of the term of this Lease, any alterations, additions or improvements shall be removed at Lessee's expense, if consented so requested by Lessor, and Lessee shall repair and restore any damage to by the Sublessor, working drawingsleased premises or the building due to such removal. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, Lessee agrees that all such work performed under this Article 12 shall be done at Sublessee's sole cost, and subject to the following covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental laws, including all applicable laws, regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work.
(2) All alterations shall be City of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10.
(ii) Fire Norwalk and any other applicable insurance provided for in Article 7 which if not then covered under governmental entity with jurisdiction over the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshirepremises.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and maintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.
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